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All the President’s Henchmen

Strict Scrutiny

Hosted by Kate Shaw and Melissa Murray

1h 36m
Transcript

Original podcast

Summary

Written by a model from the transcript; not yet reviewed.

This episode covers major developments within the Department of Justice, including the narrow confirmation and subsequent Oval Office swearing-in of Attorney General Todd Blanch by federal judge Amel Bové. The hosts examine the DOJ's reversal on vandalism charges against David Hearn, new Office of Legal Counsel guidance on executive privilege for outside advisers, and ongoing efforts regarding federal officials like Lisa Cook and birthright citizenship. Later, the discussion features an in-depth conversation with Julia Angwin and Ami Fields Meyer about their book on civil resistance and courage.

  • The DOJ issued a sweeping executive privilege opinion designed to insulate outside presidential advisers from congressional scrutiny and potential future subpoenas. 27:29
  • Effective nonviolent civil resistance relies on collective stubbornness, sustained organization, and increasing the operational costs for authoritarian actors. 1:11:00
  • When facing aggressive enforcement, activists can protect their digital data by filming protests within encrypted chat apps instead of saving footage directly to their camera roll. 1:29:02
  • The single strongest predictor of whether an individual will participate in a protest is whether someone personally asks them to take part. 1:24:15

Chapters

  1. 0:00
    Podcast Introduction and Sponsorship

    Hosts introduce the episode and provide sponsor messages.

  2. 2:16
    Host Introduction and Guest Overview

    Kate Shaw welcomes Liz Oyer and outlines the episode’s agenda.

  3. 3:19
    Todd Blanch Confirmation and DOJ Fallout

    Liz Oyer discusses her testimony and the political climate surrounding Blanch’s confirmation.

  4. 15:19
    Justice Department Litigation and Reflecting Pool Case

    Discussion of the DOJ’s handling of the reflecting‑pool vandalism case and its political motives.

  5. 26:36
    Executive Privilege Expansion by OLC

    Liz explains the Office of Legal Counsel’s broad executive‑privilege opinion and its potential impact on congressional oversight.

  6. 30:00
    Swearing‑In Ceremony and Political Signaling

    The hosts analyze the choice of Judge Amel Bovee for Blanch’s oath and its implications.

  7. 40:41
    Targeting Fed Governor Lisa Cook

    The hosts examine the administration’s attempt to remove Lisa Cook and the legal strategies involved.

  8. 42:56
    Chief Justice Roberts Substack Debut

    Discussion of Justice Roberts’ first Substack post, its content, and its broader significance.

  9. 47:47
    Closing Remarks and Final Thoughts

    Hosts wrap up the episode, reflecting on the themes and previewing future topics.

  10. 48:51
    Closing Judicial Discussion

    The episode wraps up a debate on judicial terms and quotes John Roberts.

  11. 54:25
    Podcast Promotion and Sponsors

    Hosts promote CLE credit, Babbel, Cook Unity, Alloy, and Coca‑Cola ads interspersed with content.

  12. 58:18
    Introduction to “On Courage”

    Kate introduces authors Julia Angwin and Ami Fields Meyer and outlines the book’s focus on dissent.

Highlights

  • 3:30

    Todd Blanch Confirmed by Narrow Margindata

    Todd Blanch was confirmed as Attorney General by a historically narrow 50-49 vote, following a confirmation process contested over his prior handling of investigations and firings of career DOJ officials.

  • 9:18

    Oval Office Swearing-In Ceremonystory

    Instead of traditional Department of Justice venues, new Attorney General Todd Blanch was sworn in at the Oval Office by Judge Amel Bové, a former personal criminal defense attorney for Donald Trump.

  • 15:33

    Reflecting Pool Vandalism Charges Droppedstory

    U.S. Attorney Jeanine Pirro filed a 20-page memo dismissing vandalism charges against David Hearn, attributing damage to a botched government renovation rather than a crime.

  • 26:42

    Expanding Executive Privilege to Private Advisersinsight

    The Office of Legal Counsel issued an opinion expanding the presidential communications privilege to cover private sector individuals who do not formally work for the government.

  • 1:02:43

    Redefining Dissidents as Ordinary Peopleinsight

    The authors argue that everyday people facing heightened institutional risks should be understood as dissidents, rather than reserving the term solely for historical figures.

  • 1:10:20

    The Limits of Legalism Under Backslidingdata

    Countries undergoing democratic backsliding see a very low chance of reversing the trend relying solely on institutional tools like litigation and elections without nonviolent civil resistance.

  • 1:28:38

    Digital Security Practices for Protestersstrategy

    Activists can protect personal devices at protests by turning off biometrics and recording video inside encrypted apps rather than saving files to the camera roll.

Quotes

  • “Bové, as you mentioned, has been a judge on the Third Circuit for about five minutes.”
    Kate Shaw · 11:05
  • “And it took a really expansive view of the president's ability to withhold information from public scrutiny based on, on executive privilege.”
    Unnamed speaker · 26:47
  • “It has long been established that mail-in ballots are prone to fraud.”
    Kate Shaw · 41:33
  • “The federal judiciary today benefits from an insulation from political pressure, even as it usurps the roles of the political branches.”
    Kate Shaw · 48:57
  • “This moral collision is where dissident life often begins, with a small feeling and then a big choice.”
    Kate Shaw · 1:06:22
  • “will have to learn a different mode of activism beyond the familiar cycles of electoral campaigns.”
    Kate Shaw · 1:10:37
  • “That going without political community is comparable to opting to go without health insurance, exercise, a core group of loved ones.”
    Kate Shaw · 1:20:24
  • “The courage of the dissidents in this book forms the basis of a much more hopeful truth amid political repression.”
    Kate Shaw · 1:30:16
  • Americans United 0:00–1:10
  • Coca-Cola 1:14–1:43
  • Smalls 23:13–25:11
  • Babbel 54:31–56:07
  • Cook Unity 56:08–58:05
  • Alloy 1:14:42–1:16:45
  • Coca-Cola 1:17:01–1:17:37
  • Gernavix 1:37:35–1:38:17

About this episode

Huge news for lawyers: You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cle http://crooked.com/strict_cleKate is joined by Liz Oyer, former DOJ pardon attorney and federal public defender, to tick through last week’s news. Among the items covered: Todd Blanche’s swearing-in by lackey Emil Bove, the latest attempt by the administration to expand executive privilege, the renewed vendetta against the Fed’s Lisa Cook, and John Roberts’ Substack debut…That’s right, the Chief is out here postin’. Then, a conversation with Julia Angwin and Ami Fields-Meyer about their new book, On Courage: How to Be a Dissident in an Age of Fear https://bookshop.org/p/books/on-courage-how-to-be-a-dissident-in-an-age-of-fear-ami-fields-meyer/5114a6bf6c9eb615?ean=9780063491946&bkshp-astro=t. Check out Liz’s podcast, Is This Really Legal? https://www.isthisreallylegal.org/. Favorite things: Kate: Just Security’s Reinvention Blueprints https://www.justsecurity.org/147423/just-security-reinvention-blueprints-series/; One Woman’s Message From the Hell of ICE Detention https://www.thenation.com/article/society/maryam-tahmasebi-iran-ice-essay/, Maryam Tahmasebi; John Oliver on the DOJ https://www.youtube.com/watch?v=PUPuhlJ3IuE; Trump’s catering cart caper https://www.washingtonpost.com/national-security/2026/08/10/trump-flew-secrecy-amid-iran-threat-air-force-one-became-decoy/ Liz:How to Rule the World: An Education in Power at Stanford University https://bookshop.org/p/books/how-to-rule-the-world-an-education-in-power-at-stanford-university-theo-baker/8606195fc34942fc?ean=9780593832837&bkshp-astro=t, Theo Baker; The Things We Never Say https://bookshop.org/p/books/the-things-we-never-say-a-novel-elizabeth-strout/aa27bdb7a0a48581?ean=9798217154746&bkshp-astro=t, Elizabeth Strout; Ponies https://www.peacocktv.com/watch-online/tv/person-of-no-interest/5421618614267564112 (Peacock) Follow us on Instagram https://www.instagram.com/strictscrutinypodcast/?hl=en, Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.com http://crookedcon.com/Buy Melissa’s book,The U. S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader https://bookshop.org/p/books/the-constitution-annotated-for-the-contemporary-reader-melissa-murray/8e7f0dfa472fc3ca?ean=9781668221938&next=t&Buy Leah’s book, Lawless https://bookshop.org/p/books/lawless-how-the-supreme-court-runs-on-conservative-grievance-fringe-theories-and-bad-vibes-leah-litman/5b562d6fcb316d6e?ean=9781668054642&next=t, now out in paperback Follow us onInstagram https://www.instagram.com/strictscrutinypodcast/?hl=en,Threads https://www.threads.net/@strictscrutinypodcast, andBluesky https://bsky.app/profile/strictscrutiny.bsky.socialFor a transcript of an episode of Strict Scrutiny please email [email protected] mailto:[email protected]

Transcript

0:00
1:36:24

18,194 words · 8 speakers

Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.

Topics

  • United States
  • Washington, D.C.
  • How to Be a Dissident in an Age of Fear
  • Pennsylvania
  • Alien Enemies Act
  • Crooked Media
  • Writers Guild of America East

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