The Phrase that Could End Trump's National Guard Power Grab
Harry talks to Marty Lederman, the former Deputy Assistant Attorney General who authored an amicus brief with a legal discovery that has shaken the Administration's attempt to deploy the National Guard to Chicago and other Democrat-led cities. Marty and Harry explain the critical oversight in the administration's reasoning, and they think through what a bruising legal defeat would mean for the effort to put boots on the ground in American cities. It's a possible game changer in a case Harry has called a "moment of truth for the High Court."
Mentioned in this episode:
Harry's Substack about the stakes of this case: https://harrylitman.substack.com/p/moment-of-truth-for-the-high-court
The Supreme Court's request for briefs on the phrase "the regular forces": https://www.supremecourt.gov/orders/courtorders/102925zr_hgci.pdf
Marty Lederman's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384148/20251110232925983_25A443.Lederman.Supplemental.Amicus.Brief.1110.pdf
Illinois and Chicago's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384145/20251110210604383_Illinois%20Supplemental%20Letter%20Brief%20Master%20Final%20To%20File%20PDFA.pdf
The administration's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384115/20251110170907870_25a443%20Trump%20v.%20Illinois%20-%20Supp.%20Letter%20Br.pdf
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45:48
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45:48
Blue Blizzard
In the aftermath of Tuesday’s sweeping nationwide Democratic wins, Harry calls in a trio of some of the country’s sharpest political thinkers—Emily Bazelon, Dave Weigel, and Rick Wilson—to unpack the meaning of the results. Was the increasingly painful government shutdown a decisive factor? Why are the voters who swung to Trump last year deserting him? And, crucially, how might Democrats keep their momentum going?
Mentioned in this episode:
David’s reporting: https://www.semafor.com/author/david-weigelEmily’s reporting: https://www.nytimes.com/by/emily-bazelon#latestThis week’s episode of Slate’s Political Gabfest: https://podcasts.apple.com/us/podcast/spectacular-night-for-democrats/id158004641?i=1000735632723Rick’s Substack: https://therickwilson.substack.com/Rick’s Talking San Diego appearance: https://www.youtube.com/watch?v=cFN88EW3Znw
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52:47
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52:47
Presenting The Alabama Murders from Revisionist History
After releasing Harry’s conversation with Carol Leonnig and Aaron C. Davis two days early to sync up with the publication of their new book—Injustice: How Politics and Fear Vanquished America's Justice Department—Talking Feds is hosting a special preview of another podcast that’s exploring the consequential issues that impact, and define, American culture: The Alabama Murders, a new series by bestselling author Malcolm Gladwell's Revisionist History podcast. Entangled in an affair with a parishioner, a Northwest Alabama minister makes a devastating choice. Rather than face the shame of divorce, he arranges for three men to kill his wife. One of the men convicted in her murder, Kenny Smith, spent decades on death row, only for his execution to go horribly wrong. Eventually, the consequences lead to the center of a hot national debate on who should be allowed to live, who should die, and how the state should kill them. On The Alabama Murders, Malcolm asks: why, in our efforts to alleviate suffering, do we so often make it worse? If you want to hear the full story, find Revisionist History wherever you get podcasts.
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36:39
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36:39
How Trump Demolished the DOJ
The Department of Justice has been at the epicenter of both Trump's efforts to subvert the rule of law and the attempts to hold him accountable during his years out of the White House. Now two of the country's most prominent investigative journalists—Carol Leonnig and Aaron C. Davis—have authored an authoritative account of these tumultuous years at DOJ. Their book is Injustice: How Politics and Fear Vanquished America's Justice Department. Leonnig and Davis join Harry for an in-depth discussion: their first interview about their tour-de-force new volume, which is full of revelations about the existential battles within the Department, built on interviews with more than 250 people who witnessed them first hand.
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43:11
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43:11
Democracy on ICE
Harry sits down with David A. Graham, Katie Phang, and Maya Wiley to discuss federal agents' on-the-ground escalations and the courts' efforts to rein them in. They then move to the early warnings that Trump may interfere in next year’s midterms before ending with a quick look at some of tomorrow's critical elections. The overlapping question that criss-crosses all 3 topics: how can Americans band together to protect the democracy, and especially to blunt the threat of a far more systematic attempt by Trump than the last time around to interfere in the elections.
Mentioned in this episode:
Amie Barrodale’s Supreme Court satire: https://www.theparisreview.org/fiction/8383/crystal-palace-amie-barrodale
David’s piece in the Atlantic: https://www.theatlantic.com/magazine/archive/2025/12/2026-midterms-trump-threat/684615/
Maya’s MSNBC piece:
https://www.msnbc.com/top-stories/latest/trump-election-monitors-california-new-jersey-legal-rcna240313
Katie’s YouTube channel: https://www.youtube.com/@katiephangnews
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Talking Feds is a roundtable discussion that brings together prominent former government officials, journalists, and special guests for a dynamic and in-depth analysis of the most pressing questions in law and politics.
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