In short
The episode covers the “No Kings” protests, claims about Trump’s authoritarian ambitions, and legal/political fights over courts, immigration enforcement, and voting rights. Organizers estimate nearly 7 million marchers worldwide, with claims of peaceful demonstrations (e.g., NYPD: 100,000 in NYC, no arrests). It also discusses Trump reposting AI-generated “king” videos, and immigration enforcement concerns tied to ProPublica’s reporting on anonymous mass immigration officers and Trump’s Insurrection Act power claims. A key legal focus is a Ninth Circuit ruling allowing National Guard deployment in Portland for ICE-related protection.
Guests
David Litt (former Obama speechwriter) and Molly Zhang Fast (Vanity Fair; NYT opinion). Key claims/examples: court “packing” by Trump allies; protests as Constitution-focused; AI video “flailing”; Comey/DOJ selective prosecution and Lindsey Halligan appointment challenges (guest Maya Wiley, LCCR); “Epstein shutdown” delaying Adelita Grijalva swearing-in (Congressman Brendan Boyle); Jack Smith’s rule-of-law critique (Will Salatan). Voting rights: NAACP LDF’s Janae Nelson argues weakening VRA Section 2 would be “catastrophic,” citing Louisiana’s Black members elected from VRA opportunity districts.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOOverview of the No Kings Protests
0:04 to 0:28
Discussion about the scale and peaceful nature of the protests against Trump.
“Choose Power Home Remodeling and remodel how you think about remodeling.”
Overview of the No Kings Protests
1:02 to 2:33
Discussion about the scale and peaceful nature of the protests against Trump.
“And we begin tonight with the massive No Kings protests that took place all over the country and the world this weekend.”
Trump's Reaction and Claims of Power
2:34 to 4:00
Analyzing Trump's downplaying of protests and his claims of power.
“Over the weekend, he reposted two different AI-generated videos that depicted him as a king.”
Legal Perspectives on Trump's Authority
4:01 to 5:42
David Litt and Molly Zhang Fast discuss the Ninth Circuit ruling and its implications.
“David, can we talk about this Ninth Circuit ruling?”
Public Sentiment and Trump's Messaging Issues
5:43 to 7:49
Discussion on how public sentiment is shaping perceptions of the Trump administration.
“because it focuses on the president's claim that he needs to be able to protect an ICE facility in Portland, Oregon.”
The Role of Congress and Future Elections
7:50 to 10:59
Exploration of Congress's role in governance and upcoming elections.
“And these are grandmas and veterans and everyone coming out.”
Legal Challenges Against Trump and Comey
11:00 to 13:20
Discussion about James Comey's legal battles against Trump and implications of selective prosecution.
“And if there's enough of a Democratic wave, then a lot of these Republicans who think they have safe seats may not.”
Abuses of Power in the Trump Administration
13:21 to 14:01
A former DOJ lawyer discusses alleged abuses of power under Trump's DOJ.
“Donald Trump and his former FBI director James Comey are facing off in court.”
Discussion on DOJ and Trump Prosecutions
14:01 to 20:30
Explore the implications of DOJ actions and potential legal cases involving Trump and associates.
“for the Eastern District of Virginia is invalid.”
The Legislative Impact of the Shutdown
23:01 to 28:00
A deep dive into the implications of the ongoing government shutdown and its effects on representation.
“Critics are calling it the Epstein shutdown.”
Show all 18 chapters
Bipartisan Support and Political Dynamics
28:00 to 29:18
Discussing bipartisan support for returning Congress to normal operations.
“Well, so you seem to be getting some support from the other side of the aisle, a strange bedfellow, if you will.”
Upcoming Discussions on Voting Rights
29:18 to 29:37
Previewing a segment on the Republican efforts regarding voting rights.
“We'll have a special guest to talk about that.”
Investigative Reporting on DEI Programs
29:37 to 30:36
Nick Confessori discusses his investigative work on DEI programs at universities.
“I decided to just focus on the University of Michigan.”
Jack Smith's Role and Recent Statements
31:13 to 32:14
Analyzing former special counsel Jack Smith's recent comments regarding legal principles.
“Like 40 % off clearance in all DSW stores or an extra 10 % off clearance at DSW.com.”
Discussion on Smith's Speech and Legal Implications
32:14 to 38:10
Exploring Jack Smith's speech and its implications for the rule of law and partisanship.
“Once we get in a position where we start talking about maybe not following court opinions we don't like, we are lost.”
No Kings Rallies and Voting Rights Concerns
38:10 to 39:51
Examining the concerns raised at the No Kings protests regarding voting rights.
“This weekend's massive No Kings rallies wasn't just about ICE enforcement.”
Supreme Court and the Voting Rights Act
39:51 to 42:04
Analyzing the Supreme Court's impact on the Voting Rights Act and its implications.
“Every congressional member who is Black was elected from a VRA opportunity district.”
Race-Based Remedies and Civil Rights
42:04 to 45:22
Explore the inconsistencies in the application of race in civil rights law.
“Looking through the voting rights, where is the shot clock on civil rights?”
Transcript
Automatic transcript. May contain errors.0:00Exterior Remodels Inner Monologues brought to you by Power. The house looks good, like really good. That siding, stunning. The roof, elevated. Windows, I mean, wow. The process, smooth. The neighbors, jealous. Choose Power Home Remodeling and remodel how you think about remodeling. Schedule your free quote on windows, siding, roofing, and doors at PowerHomeRemodeling.com. Power. Our work shows. Is it possible for AI to work in the enterprise? The short answer is yes. The long answer is, oh, yes. Users can pick the AI providers they prefer, and you can decide which data is off limits, monitor all AI activity, and control every detail.
0:49This is Enterprise AI from Ireland. AI at its best by keeping out the worst. Scaled for the enterprise. From Ireland. Welcome to The Beat. I am Melissa Murray in for Ari Melber. And we begin tonight with the massive No Kings protests that took place all over the country and the world this weekend. Organizers say that nearly 7 million marchers turned out in big cities and small towns to protest Donald Trump and his policies. And notably, the protests were peaceful. The NYPD said over 100 ,000 people gathered in New York City alone without a single arrest. In San Francisco, Americans used their own bodies to spell out the message of the day.
1:38No kings. And while Trump did his best to downplay and undermine the event, protesters were prepared to speak for themselves. I think it's a joke. We live by the Constitution. I guess it was made for by Soros and other radical left lunatics. No one paid me to be here. My rage is free and well-deserved. The demonstrations were very small. There's over 2 ,000 of these things going on, right, across the country? I think it's going to be bigger than 5 million. The people were whacked out. Those are not representative of the people of our country. I was willing to die and lost a leg in a foreign country fighting for their rights.
2:22There's no way I'm bending the only knee I have left for a king here in America. By the way, I'm not a king. Trump's claim that he doesn't see himself as a king may be contradicted by his actions. Over the weekend, he reposted two different AI-generated videos that depicted him as a king. Now, of course, the president's authoritarian ambitions go beyond AI social media. His immigration crackdown is at the heart of the protests against him, and it continues to alarm experts. ProPublica reports, quote, current and former national security officials describe the legions of mass immigration officers operating in near total anonymity on the orders of the president as an unfettered and unaccountable national police force.
3:15Trump is also claiming that he has, quote, unquestioned power under the Insurrection Act to deploy troops anywhere he wants. And his next target appears to be San Francisco, California. I should note that as a matter of law, that claim of unprecedented power is false. But just hours ago, two Trump-appointed judges on the United States Court of Appeals for the Ninth Circuit ruled that the president can deploy the National Guard to the streets of Portland. This overturns a lower court's restraining order. All of this, despite the fact that most of Trump's claims of unfettered power have actually been rebuffed by other courts, and his monarchical ambitions are being rejected by millions of Americans in the streets.
4:02Joining me now to discuss all of this and kick it off tonight is David Litt, former speechwriter for President Obama, and Molly Zhang Fast, special correspondent for Vanity Fair and contributing opinion writer with The New York Times. David, can we talk about this Ninth Circuit ruling? This one's unusual because usually the courts have pushed back, at least the lower courts have pushed back, and certainly on the claims of power to deploy troops to American cities for ICE enforcement, or in some cases, what looks like more federalized domestic law enforcement. What's your take on what this means, given what we saw this weekend.
4:36Well, Melissa, first of all, thank you for having me on. And I'm also aware you know a lot more about the law than I do, but I'm going to offer a broader view, which is the Ninth Circuit used to be historically liberal. And part of what we are seeing and part of what Democrats were warning about in the last Trump term was this takeover of the courts. Trump and his allies boasted about flipping the courts. This is what happened when you have these flipped partisan packed courts. So this is actually an opinion where two of the judges, the two in the majority, were actually Trump appointees. And there is one judge, a longtime Ninth Circuit Judge, Susan Graber, who has dissented from this ruling.
5:10Right. And I think, you know, I don't mean to say that every Trump judge will always support Trump. We have seen a lot of Trump appointed judges reject the president's, as you put it, monarchical ambitions. But at the same time, I think that one of the things that Democrats, all of us worried about Trump's king-like agenda need to be keeping our eye on is also not just what's happening now, but the continued attempt to pack the courts over the next couple of years. It's one of the reasons the Senate is going to be so important in the midterms. We have to put a stop to some of these nominations.
5:40So this Ninth Circuit ruling, Molly, is actually very interesting because it focuses on the president's claim that he needs to be able to protect an ICE facility in Portland, Oregon. We saw the protests over the weekend. We saw protests earlier in Portland. A lot of frogs. Doesn't seem to be a lot of violence. What do you make of this idea that the National Guard is needed because the protests are out of control and are basically endangering public safety. So this is one of the problems that Trump has had this whole time, and he's had it with the No Kings protest, right? Like, you saw them nervous before it happened.
6:16You saw the Treasury Secretary, Scott Besant, being like, no checks, no kings. Like, if you, you know, they were like, Democrats want to keep the government closed for the No Kings rally. I don't even know what that would have to do with anything. But there was like a lot of anxiety about it. And I think the fact that it ended up being 7 million people and maybe even a little more, there's some estimations that it might be more. And that they were peaceful and that they were not radical and that they were people talking about just the Constitution. Like you can't get more, you know, that's what we're all here for.
6:54So I think that was problematic for them. And you even saw they were they couldn't figure out how to message it. And this White House very good at messaging. And all of a sudden you saw Trump saying they're radicals. And then you saw someone else saying they're all old and someone else said they were all white. I mean, OK, like, you know, that none of those are disqualifying. And so I do think this is really, I think this has rattled them. And then you put that with those polls that show him underwater on everything. And look, you know, even if you want to rule as a king, you still got to get a buyout, buy-in from the people.
7:29Yeah. So let's talk a little bit about how rattled they might have been this weekend. I know I was rattled by some of those AI videos that the president posted. I don't think I'd ever seen anything quite like that. I hope never to see anything quite like that again. But what do you make that the president first started out saying like this was just an anti-American demonstration, which, as Molly says, was belied by the fact that they literally transported the Constitution down the streets in some cases. And these are grandmas and veterans and everyone coming out. Why then the pivot to this AI generated video of the president in a cockpit with a crown on doing all kinds of things?
8:05Well, first of all, if you're hoping to never see videos like this again, I think your hopes are going to be not not achieved. I'm sorry to say they seem to be all in on this AI flop. You're dashing inputs everywhere. OK. But I think part of the reason, right, they're never going to say, oops, we were wrong. That's just not how the Trump administration operates. You will see them flail. And I think this is AI flailing. And part of that is, as you're saying, this was not just peaceful. It was patriotic. I was at a No Kings protest in Red Bank, New Jersey. So one of the it was not huge. It was in a big city.
8:33It was like a celebration of a liberal bastion of New Jersey. I mean, and the other piece of that is, you know, I think about this is a president who describe January 6th as a day of love and tried to say that No Kings was a day of hate. And I thought it was funny because after the January 6th protest, they stormed the Capitol. And after the No Kings protest I went to, we all got Italian eyes, right? It was like, this is just if we were terrorists, we were not very terrifying. And I think that meant that the Trump administration, which would have loved some violence or something to point to, they were left with nothing.
9:04So they typed something into ChatGPT and tried to do their best. Yeah. Not sure they succeeded in doing their best. Maybe not the best people, maybe not the best AI. But Molly, I want to play you a little bit more from many of the people who turned out this weekend. Let's take a look. Everything this regime has been up to is anti-American. We've got another election just a year from now, which is the midterms. And we could actually change the House and Senate with the midterms. Congress makes the laws, not the president. All right. Let's think about that point. Congress makes the laws, not the president.
9:46Where is Congress right now? Do you think Congress will be bestirred after all of this to get back in the driver's seat and maybe exercise some of its prerogatives that it is thus far ceded to this president? Congress is on vacation, right? Mike Johnson sent them home again. If you look at their calendar, it is stunning. And he's keeping them out for any number of reasons. He does not want to swear in the newest member of Congress, 151st signature on the discharge petition for the Jeffrey Epstein files, which again, you know, he's making that such a thing, which ultimately this administration is never going to release the files.
10:23But OK, I do think we're seeing a lot of there's like I think they have to do popular stuff, even if they want to be autocrats. They still need some buy in from the from the voters and they're not getting that. And remember, like Trump is not on the ticket again. Whatever they say, he's constitutionally not able to run again. I mean, he may try and they may do something. But at this point, the people who are on the ticket in 2026 are on vacation. So like those guys, you know, even though they're trying to like re-gerrymander so that he doesn't lose, you know, if you re-gerrymander enough, you dummy-mander.
11:08And if there's enough of a Democratic wave, then a lot of these Republicans who think they have safe seats may not. Right. So, David, let's talk about something Molly just said, this prospect that the president is term limited. The 22nd Amendment says he is term limited at two terms, but he has been floating on some of this AI generated social media this weekend that maybe he'll stick around until the year 90 ,000 beggars believe. But what do you think? Is he merely floating this? Is he just being hyperbolic or is this a way of testing the waters? I think Trump is always testing the waters. The limiting factor in the Trump administration is what can we get away with?
11:46Right. And so often there's this kind of ironic way of starting out. Right. It's just a joke. You know, it's tongue in cheek. We're all in on it. That's how, you know, not respecting the results of the 2020 election started in some ways. Trump's resent. Oh, well, if I win. And is he joking? Is he not joking? Well, we found out he wasn't joking, but maybe he found that out, too. Right. You just kind of keep pushing and pushing and pushing. I do think one of the things that struck me is even among people who I know and also, you know, when you've seen polling on it, people who support Trump, many of them are like a third term.
12:17No, that's not how America works. Right. You don't have to be like a deep lover of American civics to be like, no, two terms. You just have to read. Right. It's very basic. And people are used to that. So that idea, it might be fine. And again, another piece of AI content. I do think that if he ever tried it, especially if, as Molly said, he's this underwater, I don't think that he's going to find it as easy as he might think. He's also the oldest person to ever be elected president. I'm just saying. I know we've heard that before. I know we're not allowed to talk about his age because that's only for Biden, but he is actually quite old.
12:53All right. Molly Jung-Fast with the deep truth. Thank you, David. Thank you, Molly. Coming up, a top Democratic lawmaker on what critics are calling the GOP's Epstein shutdown. Plus, new video from former special counsel Jack Smith airing for the first time right here on The Beat. But first, James Comey's opening salvo against Trump's bid to target his political opponents. All of this right after the quickest 90-second break.
13:29Donald Trump and his former FBI director James Comey are facing off in court. Today, Comey's legal team filed a motion to dismiss the criminal case brought against him by the Trump DOJ. Comey's team alleges that the case should be dropped because it is, quote, vindictive and selective prosecution, based on Trump's, quote, personal animus toward Comey. Comey's team also filed another motion today, arguing that the appointment of Trump's former lawyer, Lindsey Halligan, as the U.S. attorney for the Eastern District of Virginia is invalid. They write, quote, the defective appointment of Halligan was made in defiance of the law and for the sole purpose of securing an indictment grounded in retaliatory animus days before the relevant statute of limitations expired.
14:19And they emphasize that the indictment is, quote, quote, fatally flawed. All of this comes amidst criminal prosecutions against multiple Trump critics that have emerged in recent weeks. Now, a former DOJ lawyer, Arez Ruvaini, is speaking out for the first time about what he says are abuses of power by the Trump Justice Department. He says he was fired after he refused to lie and signed a brief that called Kilmar Abrego-Garcia, the man the Trump administration mistakenly disported to El Salvador, a terrorist. That is not factually correct. It is not legally correct. That is a lie. And I cannot sign my name to that brief.
15:02They did everything they did to him in violation of his due process rights. What's to stop them if they decide they don't like you anymore? are. Joining me now is Maya Wiley, the president and CEO for the Leadership Conference on Civil and Human Rights and a former civil prosecutor with the Southern District of New York. All right, Maya, what is the likelihood that this case against Jim Comey is going to be dismissed based either on selective prosecution or the defective appointment of Lindsey Halligan? You know, that's impossible to say because, as you know, Melissa, the judge has so much discretion there.
15:39But I have to say, if there's ever been a strong case for vindictive prosecution, this is the case. It is the case not only because Donald Trump made so many statements about wanting to be vindictive, about using the language that is vindictiveness, and wanting and demanding publicly and on social media a prosecution, including against James Comey, and not only James Comey, including Attorney General Tish James. But the fact that he actually fired a sitting U.S. attorney in the Eastern District of Virginia in order to get it because they said they didn't have sufficient evidence. And installed an insurance lawyer.
16:20And installed an insurance lawyer and then rushed to get this indictment where she had to go and do it herself. You know, you and I both know that that is highly unusual. It's not usually the person sitting at the bigs in the big chair. Right. Who's the one going to the grand jury? It's the career prosecutors. She had to do it herself. It is unorthodox, though not necessarily unprecedented. Sometimes there have been lone U.S. attorneys who signed these things. I think what makes it a little more compromising, if you will, is that the U.S. attorneys, the rank-and-file prosecutors, had written a very extensive memo explaining that they didn't think that there was probable cause to charge them.
17:00It's the totality of the circumstance. You're right. It's not that one thing, but it's all of them put together. And then when you read the indictment, I mean, it is so it looks like a rushed indictment. It has very little clarity about what is actual false. I mean, it says what the false statement was. It doesn't say why it's false. Well, it's not the first indictment. So we've seen there's been an indictment against New York Attorney General Letitia James. There has since been an indictment of John Bolton. And one of the motions in this case said that the charge against Comey should be dismissed because, quote, a last minute retaliatory charge after a torrent of personal invective by a president who expressly sought charges regardless of the facts.
17:41If that is a successful argument for Jim Comey, is it also going to have spillover effects in the cases against Letitia James and John Bolt? Well, look, I think each case is going to stand or fall on their own merits, including, because I don't necessarily want to say the John Bolton indictment is the same. No, it's very different. They're very different cases. I would say there is more similarity between Comey and Attorney General James in the sense that they're very thin. They're on these things that you don't typically and wouldn't typically see indictments on. They're hard to win. There are a lot of facts in each.
18:17They're different cases, but there's a lot of facts that are a matter of public record in each case that make you scratch your head and think, what's the actual evidence here that's going to get to a conviction at trial? And so I say that because, and they have, of course, the same dictiveness, but there is differences between the three. So, and judges, judges, judges, as we know, there's a lot of discretion on the part of judges, and a lot of them like to go to trial and have a jury decide. Well, speaking of judges, someone who had a lot to say about judges was Arez Ruvani, who had a lot to say also about his colleagues at the Department of Justice or his former colleagues.
18:57What do you think that interview with 60 Minutes where he essentially spilled all of the tea, what does that say about the state of the DOJ right now? It says what we've all been seeing in real time and suspecting. And what he said is, yes, don't let them gaslight you. It is exactly what you thought. This is not an administration. A Department of Justice administers justice. That means it's neutral. It looks, it gathers the facts. It investigates them. and makes neutral decisions about the cases. Doesn't mean we always agree with them, but certainly they're not motivated by anything other than the evidence.
19:35In these cases, and what we were seeing with Brego Garcia and others was, and you could see it in the lineup of the facts. It's like, and a judge said, wait, wait, wait, no. And those planes, bring those planes back. And what they say is not only did they know, not only were they told in advance, you might ignore the judge, ignore the court if they tell you to do something. Then you have the good Ryan Goodman also demonstrating. He's like, we actually did the check and there were 35 cases where we found the same type of behavior. And we saw so many seasoned career attorneys from the Department of Justice quit their jobs, leave jobs that we knew were a big part of their career and who they are.
20:19And that really spoke volumes. Right, that was a study that Maya referenced by my colleague at NYU, Ryan Goodman, about the Department of Justice. Maya, thank you so much for shedding light on some of this. Later, we have exclusive new recordings of Jack Smith speaking out about Trump, airing for the first time on this show. Also, I will talk to the lawyer who just argued at the Supreme Court about the conservative effort to empower Trump and to roll back voting rights. And there is new heat on GOP Speaker Mike Johnson over the Epstein files and more. When are you going to swear in representative-elect Adelita Grahama?
21:01As soon as we get back to legislative session when Chuck Schirmer allows us to turn the lights back on. Why haven't you done it already?
21:09Is it possible for AI to work in the enterprise? The short answer is yes. The long answer is oh yes. Users can pick the AI providers they prefer, and you can decide which data is off-limits, monitor all AI activity, and control every detail. This is Enterprise AI from Ireland. AI at its best by keeping out the worst. Scaled for the Enterprise. From Ireland. Normally in these ads, you expect somebody to ask you to buy something. But this is something different. I'm Julian Barnes, and I'm a reporter for The New York Times. I'm a national security reporter, and that means I'm reporting on military operations.
21:54These are fast-paced, quickly-moving situations. What exactly is happening on the ground is often shrouded in mystery. But we turn to trusted sources, satellite imagery, and expertise built up over years in order to ferret out the facts that wouldn't otherwise come to light. I'm here to ask you to seek out a news source that does firsthand fact-based reporting. If it's your local paper, great. If it's the Times, thank you. Because where you go for your information matters.
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23:09Critics are calling it the Epstein shutdown. It's been 20 days since the shutdown took effect, officially making it the third longest in U.S. history. Because Speaker Mike Johnson has refused to come back into session, to bring the House back into session, something important hasn't yet happened, and that is the swearing in of the newest elected member of the Democratic caucus. The Democratic congresswoman from Arizona, Adelida Grijalva, would be the final vote needed to compel the Department of Justice to release the Epstein files. And today, Johnson was pressed about the delay. When are you going to swear in representative-elect Adelita Grahama?
23:55As soon as we get back to legislative session when Chuck Schumer allows us to turn the lights back on. Why haven't you done it already? Because this is the way the institution works. I will administer the oath on the first day. You could swear in tomorrow, right? No, not tomorrow. No, we couldn't. We wouldn't. There was an exception for two Floridians earlier in this Congress. But the reason was they were duly elected. They had a date set. They flew in all their friends and family. and the House went out of session. So if she flies in friends and family, then you don't have a date set. We don't have a date set.
24:23Meanwhile, the shutdown is affecting everything from nuclear facilities to courts to airports and air travel. Joining me now to discuss all of this is Congressman Brendan Boyle, Democrat of Pennsylvania and the ranking member of the Budget Committee. Welcome. Great to be with you in person. Oh, likewise. I'm glad to have you here. I have so many questions. Let's start with Adelita Grijalva, who was elected overwhelmingly by the people of her district to replace her father, Raul Grijalva. She's not been sworn into office. She can't operate her office without being sworn in because she doesn't have access to funds.
24:59She can't pay staff. She can't even access the building. And she's forced to wait on line with tourists to enter the Capitol. This strikes me as anti-democratic and maybe even a species of election interference since it's preventing the people of Arizona from being represented in Congress. Why aren't we talking about it in this way? I'm glad you brought it up because, you know, this is not just about Jeffrey Epstein and who has an interest in making sure those files don't come out. And it's not even so much about Democrat, Republican, although that's part of it. What about the three quarters of a million people who live in her district in Arizona who now are going, continuing to go unrepresented in the people's house?
Read the full transcript
25:41So we should really put them front and center. It is a disgrace that they are right now not being represented in the United States Congress. Are we a representative democracy or not? She should be sworn in immediately. Frankly, she should have been sworn in a month ago. And just to correct something Speaker Mike Johnson said on that clip, every time this year that a Republican has elected, has been elected in a special election, they have been sworn in, even if it was a pro-forma session. So his excuse that they can't swear her in right now. They don't have a date. Date certain. And she hasn't flown up family members.
26:18It's a bizarre explanation. All right. So there seems to be a fair bit of obfuscation about why she hasn't been sworn in. Some people are speculating it's because she would be the deciding vote to prompt the Department of Justice to release the Epstein files. Why is Mike Johnson so scared of releasing the Epstein files? You know, he is in a bind because the reality is that if Donald Trump tomorrow says that he's against Mike Johnson remaining a speaker, Mike knows that's the end of his speakership. almost that very day. Donald Trump has made it clear, both privately and publicly, that he does not want, for whatever reason, the Epstein files released.
26:59So Mike Johnson is really doing the bidding of the person who is responsible for making him speaker and keeping him in that office. All right. So we are now going into what's the third week of the shutdown. Are there any signs of movement from your colleagues on the other side of the aisle? Well, I have to say it's pretty remarkable. Every previous shutdown, and sadly, I've been through a few of these, although all of the previous ones were under Donald Trump the first time he was president. Pattern. It's now happened a number of times in the 10 and a half years I've been in Congress. Every single one of them, Donald Trump was president.
27:34And for every single one of them, Republicans controlled at least one of the two legislative bodies in Congress. But for all those previous examples where there is a difference, we were in session pretty much nonstop, including weekends, in order to attempt to reach a resolution and the shutdown. Here, Mike Johnson, in part because of the Jeffrey Epstein files, has sent us on this extended paid vacation. It is wrong and it is not doing the people's work. Well, so you seem to be getting some support from the other side of the aisle, a strange bedfellow, if you will. Congresswoman Marjorie Taylor Greene has called on Speaker Johnson to return the chamber to normal session.
28:17Do you think she's going to be alone in this or will other Republicans join her to return the House to the people's work? Well, I've noticed the last couple of weeks I increasingly find myself agreeing with Marjorie Taylor Greene. So believe me, it's head spinning to me as well. But she has been outspoken on this matter as well as a few others. There may be some implications for 2028 there and what she plans to do. But the fact that she knows that that's where the public is moving is, to me, a leading indicator. That's a great point. The public is tired of this and they want it to end. And she certainly seems to know where the winds are blowing.
28:57People are generally against dysfunction. They want whether they're ideologically conservative or liberal or somewhere in between. They want to see their government work. And I don't think there's much of a constituency in this country for just shutting things down and making it not work. Well, cheers to that. I'm not shutting things down. Congressman Boyle, thank you so much. Still ahead, the Republican push to roll back voting rights now in the hands of the Supreme Court and its conservative supermajority. We'll have a special guest to talk about that. But first, we have brand new video of former special counsel Jack Smith speaking out.
29:36Here's what happened when one journalist reported on DEI programs. I decided to just focus on the University of Michigan. I obtained internal documents that showed that the school had spent about a quarter of a billion dollars on DEI programs. I spent two weeks in Ann Arbor talking to everybody I could find. the unintended consequences of these programs. They had sort of left everybody dissatisfied. And this expensive machinery the school had built just imploded. If you're a journalist, you are not on anyone's team. All you're trying to do is figure out as many of the facts as you can gather. The facts are going to guide you to where the story lands.
30:17You're not taking sides. I'm Nick Confessori. I'm an investigations reporter for The New York Times. Journalists like Nick follow the facts wherever they lead. They go where news breaks, get answers firsthand, and publish what they find. That's fact-based reporting. Seek it out if you don't already. The critics have spoken. World War II with Tom Hanks is a must-watch. It is on a scale no one's ever seen before. An enormous accomplishment. The world turned upside down. It's global history on the grandest scale. All wars change the world, but none of them like the second World War did. Unlike any World War II docuseries before.
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31:34Then they got this guy, deranged Jack Smith, a lunatic. And they put him in because he was the meanest prosecutor you could find. Former special counsel Jack Smith has long been on Donald Trump's enemies list. He is not only the meanest federal prosecutor, he is the only federal prosecutor to successfully indict a U.S. president, and he did it twice. During his tenure as special counsel, Smith's public appearances were infrequent and only undertaken to present facts. But now, Smith is speaking out and speaking his mind, Most recently with our friend Andrew Weissman. Once we get in a position where we start talking about maybe not following court opinions we don't like, we are lost.
32:20The attacks on public servants, it has a cost for our country that is incalculable. The idea that politics played a role in who worked on that case or who got chosen is ludicrous. Process shouldn't be a political issue. People have to think about what matters to them. and if they believe in things like the rule of law, take that commitment and find another way to be part of the solutions. In addition to that conversation, we now have exclusive new footage of Smith, which we are airing on this show for the first time. It's from a speech that Smith gave at George Mason University on September 16th of this year, during which he emphasized, again, the rule of law.
33:02What I've seen happening as the Department of Justice today was challenging an interview where the rule of law is written. Friends of the president do not have to worry about following the same law as the president of Congress. What am I, teacher? If they do not have the rule of law functions and it's considered so well, then you will have to come in the theater then. Smith also laid out how Donald Trump is methodically working to erode checks and balances within the United States government. You wanted to discover whistleblowers for common goals and allow that to happen. One of the first things you do is to get rid of any factor that else.
33:47Next thing you might do, you want to evoke a whistleblower to get rid of nonpartisan, impolitical, career prostitutes. I want to make crystal clear. How are you going to say that? It's precisely unprecedented.
34:05Joining me now to discuss all of this is Will Salatan, writer at The Bulwark, who first obtained that Jack Smith video from September 16th. Will, thanks for joining us. Why do you think Jack Smith is all of a sudden found his voice? Well, it's not clear to me why Smith wasn't speaking for as long as he did. He, in January, issued his final reports on his investigations. He presented all of the evidence, pulled it all together of crimes by Donald Trump, disappeared from the scene. He's emerging now in the wake of a series of attacks by the administration on the rule of law. And I think what Jack Smith is doing is he's putting together almost an indictment or a report similar to what he did in the case of Donald Trump.
34:48But it's not about Trump and it's not partisan. It is about the assaults by this administration and by this administration in particular, not Republicans in general, this administration on the rule of law in all of its facets. And we've been discussing some of them, the selective prosecutions, the selective pardons, and there are many more that he enumerated. So you also mentioned the pardons. And again, I want to think about how that fits into this indictment, if you will, of what the administration is doing. So it's not just these attacks on the rule of law. It's not just the erosion of checks and balances.
35:22He also didn't mince words about Donald Trump's efforts to pardon the January 6th rioters. How does that fit in to all of this? And what does it say that he specifically talked about those pardons? Well, the pardons are, for most of us, the most obvious case of a defiance of the rule of law. Right now, we have a Republican Party that is trying to present itself as the party of defending the police, defending law and order, and that the Democrats are the party of crime. And part of what I think Jack Smith is getting across in his message is that if you pardon 1 ,500 people, if you pardon or commute all the people who committed violent crimes on January 6th against law enforcement, and this is a point he explicitly made in the speech at George Mason, in the talk at University College London, you are taking the side of criminals against police.
36:14But he makes the point that you're taking the side specifically of criminals, violent criminals who side with the president who gave them the pardons. So we've heard a lot over the course of this administration. We're only nine months into it. We've heard a lot about how this administration is targeting those that Donald Trump considers his political enemies. We've seen the indictments of Jim Comey, Letitia James, and most recently, John Bolton. If you're Jack Smith, you know you are on that list. Are you worried that the next indictment has your name on it? Oh, it could be. Smith is, you know, basically anyone who prosecuted Donald Trump or who investigated Donald Trump is now on a Donald Trump target list.
36:59I think it is notable that Jack Smith is not trying to reciprocate Trump's blatantly partisan, unlaw-like pursuit of his enemies. Smith is trying to model something much broader. He's trying to say this is not about party. This is not about being a hitman. And some of the cases that he enumerated in his speech at George Mason, the case of Donald Trump selectively trying to get at Eric Adams, a Democratic mayor, off the hook by conservative prosecutors who the Trump administration ousted because they would not go along with the corrupt deal to let Eric Adams off the hook. the signal chat in which Trump administration officials blatantly violated national security and the Trump administration is not prosecuting them.
37:44That is not a partisan matter. That is a matter of national security. So there are cases like that that Jack Smith talked about. They are not Democrat versus Republican. And I think his fundamental message is all of us, Democrats, independents, honest Republicans need to stand together in defense of the rule of law against this particular administration. All right. Well, Salatan, thank you so much and thank you for sharing that video. Thank you. Up next, I will talk to a lawyer who stood up for voting rights before the United States Supreme Court. That's up next.
38:24This weekend's massive No Kings rallies wasn't just about ICE enforcement. It also featured direct criticism of Donald Trump about civil rights and voting rights. We're concerned about protecting voting rights. What about leadership? Mentoring? OK, it minimizes what folk of my race role in terms of opportunity. We come from all over the world, you know, and we believe in something. So I think it's important to defend that. Making sure that everyone has those fundamental public rights. Activists point to multiple efforts that would reduce the power of Black voters. And Trump has been pushing these efforts, redistricting across multiple states.
39:12a move that many say would threaten minority representation. And now, the Supreme Court's conservative supermajority is poised to gut what remains of the Voting Rights Act. The New York Times reports that the case could, quote, hand the House to Republicans. The case centers on Section 2 of the Voting Rights Act, an oral argument, Justice Kagan asked how elections would be affected if Section 2 of the Voting Rights Act is weakened. Were Section 2 to cease to operate in the way that you just described, what would the results on the ground be? I think the results would be pretty catastrophic if we take Louisiana as one example.
39:57Every congressional member who is Black was elected from a VRA opportunity district. We only have the diversity that we see across the South, for example, because of litigation that forced the creation of opportunity districts under the Voting Rights Act. Joining me now is the lawyer you just heard from, arguing before the Supreme Court, Janae Nelson, president and director of counsel of the NAACP Legal Defense Fund. Wow. What an argument. What an amazing performance. Can we get into brass tacks? We always talk about these particular court decisions. I think what we focus on less is the way in which the court's decisions actually complement what is happening in the administration.
40:41There's actually a surprising alignment between the ultra-conservative decisions that this court is dishing out and what this administration is doing, whether it's dismantling DEI and saying that race and gender can't be used in any kind of federal programs, that results directly from the court's decision to dismantle affirmative action in higher education. So it's almost like they are working in concert. Why don't we talk about it this way? Well, as we all know, they should not be working in concert. There is such a thing as separation of powers. And we expect that the Supreme Court should be operating objectively, independently, and not...
41:20Well, I mean, I'm not suggesting that they're in cahoots in that way, but like, they're both doing the same kind of conservative plays just in their respective lanes. And they align in a lot of ways. And Voting Rights Act is a perfect example. No, I think that's right. I think that's right. We also know we've been waiting for the John R. Lewis Voting Rights Advancement Act to, you know, advance in Congress, and that hasn't happened. So literally all three branches of government have been problematic in terms of the progress we need to see. So one of the things that came up repeatedly during the oral argument was this idea that we are a post-racial nation to some degree.
41:57So Justice Brett Kavanaugh, for example, suggested that civil rights laws and maybe even the 14th and 15th amendments to the Constitution should have time limits or already have implicit time limits. Let's take a listen. This court's cases, in a variety of contexts, have said that race-based remedies are permissible for a period of time, sometimes for a long period of time, decades in some cases, but that they should not be indefinite and should have an endpoint. Looking through the voting rights, where is the shot clock on civil rights? Yeah, it's not there. And it's... This is an invention. It's an invention, and it's not there for a reason.
42:49Congress did not want it to be there. Congress passed the Voting Rights Act and had certain provisions that expired at different times and needed to be reauthorized by Congress. That was Section 5, which we know the Supreme Court disabled in 2013. But then it had Section 2, and it still has Section 2 as a permanent provision. And Congress could have made it something that needed to be renewed, and it didn't. So even as a basic matter of statutory interpretation, you look at the statute, Congress knew what it was doing when it said this provision is permanent. Right. So this idea that these provisions are no longer necessary, that time's up on civil rights, stems from an idea that we've seen before at this court, this idea that there's been tremendous racial progress and we don't need these remedial measures anymore.
43:36The same day that you defended the VRA at the Supreme Court, the New York Times reported, quote, Trump is considering an overhaul of the refugee system that would favor white people. The proposals would transform a government program aimed at helping the most vulnerable people in the world into one that gives preference to mostly white people who say they are being persecuted. This also followed Politico's reports of Republican, young Republicans using racist text chains and whatnot. Can you help me understand how considering race in the context of helping white refugees is okay, but using race to remedy a racial gerrymander in Louisiana is suddenly impermissible under the Voting Rights Act?
44:18I wish I could help you there, but I can't because it makes absolutely no sense. It's utterly inconsistent, as is the idea that you can use race or someone's language or the low-wage job they may have as the basis for a stop. So the way that the court has used race itself has been internally inconsistent and illogical. And unfortunately, it's rarely used in a way that actually promotes continued progress, continued advancement, and continued adherence to our constitutional ideals. I hope that this case is different because I believe that the importance of our democracy, this multiracial democracy that's really hanging by a thread at this moment, compels them to be, the court, to be consistent with its prior decisions and its embrace of the Voting Rights Act, which has been a 40-year-old project.
45:17All right. Janae Nelson, we will expect a decision from the court in June. Thank you so much for joining us. We will be right back with just one more thing.
45:30Tyranny requires your fear, your silence, and your compliance. Democracy requires your courage.
45:41And tyranny depends on good people doing nothing. It requires us to accept the unacceptable, to rationalize the irrational, to normalize the abnormal. But tyranny also fails when ordinary people refuse to cooperate, when they say no kings and they mean it.
46:02That was Illinois Governor J.B. Pritzker at the No Kings rallies this weekend, along with millions of Americans. That does it for me. Ari is back tomorrow. Real talent is defined by what people can do, not where they learn to do it. So by stopping at the education section of a resume, you might throw away the perfect hire. skills first hiring helps you see talent others miss like more than 70 million stars skilled through alternative routes let their story unfold and gain a competitive advantage because hiring managers who start with skills are 60 percent more likely to find a successful hire hire skills first learn why at tear the paper ceiling.org brought to you by opportunity at work and the ad council
From the publisher
October 20, 2025; 6pm: Organizers for the nationwide "No Kings" protests estimate that over 7 million people attended over the weekend. Plus, James Comey files motions to dismiss the criminal case against him. Melissa Murray reports and is joined by Molly Jong-Fast, David Litt, Maya Wiley and Rep. Brendan Boyle.
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