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This week, the ladies react to the ransacking of the federal government by Elon Musk and his fleet of DOGE dorks. Then, Kate and Leah speak with Jonathan Gienapp, professor of law and history at Stanford University and author of Against Constitutional Originalism: A Historical Critique, about what originalists get wrong about history and how the founders thought about the law.

DOGE Runs Amok & Originalism’s Ahistoricism

Trump’s blitzkrieg of executive orders has left many of us scrambling. The policies are cruel and reactionary, but do they amount to a constitutional crisis?If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support. 5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social. Hosted on Acast. See acast.com/privacy for more information.

Trump’s Opening Salvo

Amy Klobuchar’s Plan To Fight Trump Is… Rely On Moral Republicans! Republicans Are Secretly Worried About Elon Musk’s Takeover. Steven Bannon Pleads GUILTY To Defrauding His Own Fans.

Hosts: Ana Kasparian & Cenk Uygur

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Friends With Deficits

Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his&nbsp;recent Lawfare article&nbsp;discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.We value your feedback! Help us improve by sharing your thoughts at&nbsp;lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a&nbsp;Lawfare&nbsp;Material Supporter at&nbsp;www.patreon.com/lawfare. You can also support&nbsp;Lawfare&nbsp;by making a one-time donation at&nbsp;https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Jack Goldsmith on Trump v. United States and Executive Power

In part one of Red Eye Radio with Gary McNamara and Eric Harley,  The Democrat/media talking point is out: "We're entering a constitutional crisis;" Yet the left won't describe what the constitutional crisis is;  There is no legal basis for the lawsuits against DOGE; The View's latest bizarre Trump prediction; Sunday's Super Bowl was the most watched TV show in history; Newsbusters worst media take of the week; The constitutional crisis is judges trying to control the executive branch's legitimate power; Border Czar Tom Holman knows who is leaking inside information on ICE raids.


For more talk on the issues that matter to you, listen on radio stations across America Monday-Friday 12am-5am CT (1am-6am ET and 10pm-3am PT), download the RED EYE RADIO SHOW app, asking your smart speaker, or listening at RedEyeRadioShow.com.
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2-11-25 Part One - Dems Scream Constitutional Crisis!

In part one of Red Eye Radio with Gary McNamara and Eric Harley, there's a petition for Denmark to buy California; The desperate left turns to cursing; Democrats defending USAID is political suicide;  An article on who might be the next leader of the Democratic party; Senator John Kennedy sums up what Democrats are for and Republicans are against; Elon Musk is posting clips of the late economist Milton Friedman; Elon Musk talks with reporters in the oval office; Babylon Bee headlines! Far left Chris Cuomo does not respond negatively to Elon Musk speaking from the oval office.  

For more talk on the issues that matter to you, listen on radio stations across America Monday-Friday 12am-5am CT (1am-6am ET and 10pm-3am PT), download the RED EYE RADIO SHOW app, asking your smart speaker, or listening at RedEyeRadioShow.com.
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2-12-25 Part One  -  Desperate Dems Turn To Cursing

Trump OPENLY Plots DISASTROUS Land Theft in Gaza. Trump Admin Clears the Way for Banks to RIP OFF Americans. To Pay for Tax Cuts, House GOP Floats Plan to Slash Benefits for the Poor and Working Class.

Hosts: Ana Kasparian & Cenk Uygur

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Stop The Steal

For more coverage on the issues that matter to you, download the WMAL app, visit WMAL.com or tune in love on WMAL-FM 105.9 from 9:00am-12:00pm Monday-Friday 
To join the conversation, check us out on X @WMAL and @ChrisPlanteShow
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2-11-25 Hour 1 - Dems Defend Government Waste

In a live conversation on February 7,&nbsp;Lawfare&nbsp;Editor-in-Chief Benjamin Wittes spoke to&nbsp;Lawfare&nbsp;Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about the lawsuits against executive actions by President Trump and his administration, including the actions by DOGE to gain access to executive agencies, the attempt to dissolve USAID, the attempt to produce a list and potentially fire FBI agent and employees who were involved with the Jan. 6 investigations, and more.We value your feedback! Help us improve by sharing your thoughts at&nbsp;lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a&nbsp;Lawfare&nbsp;Material Supporter at&nbsp;www.patreon.com/lawfare. You can also support&nbsp;Lawfare&nbsp;by making a one-time donation at&nbsp;https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Discussing Litigation Against Trump Administration Actions

Speaker Johnson gives an unsettling answer to a major question. Trump’s DOJ orders charges against Mayor Adams to be dropped. Steve Bannon pleads guilty to scamming Trump supporters. Trump’s surprising answer to 2028 endorsement question. Value of Trump's ‘meme-coin’ drops.. Bigly! GOP considering new tax on students.

Host: John Iadarola (@johniadarola)
Co-Host: David Shuster (@DavidShuster)

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Train The Swamp

What is a Constitutional crisis?

Chris Miller, a professor at the Fletcher School at Tufts University and Nonresident Senior Fellow at the American Enterprise Institute, and Marshall Kosloff, Senior Fellow at the Niskanen Center and co-host of the Realignment Podcast, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, and Alan Rozenshtein, Senior Editor at Lawfare and associate professor of law at the University of Minnesota, to discuss AI, supply chains, and the Abundance Agenda.We value your feedback! Help us improve by sharing your thoughts at&nbsp;lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!To receive ad-free podcasts, become a&nbsp;Lawfare&nbsp;Material Supporter at&nbsp;www.patreon.com/lawfare. You can also support&nbsp;Lawfare&nbsp;by making a one-time donation at&nbsp;https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Chris Miller and Marshall Kosloff on the Abundance Agenda’s Implications for National Security

In part one of Red Eye Radio with Gary McNamara and Eric Harley, a great audio clip from Rep. John Kennedy to start off the week; Trump's pre-game interview on Fox News; Trump needs to emphasize Elon Musk does not have the authority the liberal media claims he has;  A Democrat Senator says Trump is causing the biggest constitutional crisis since Watergate; A new CBS poll shows Trump polling higher than he ever did in his first term as president; David Axelrod says it was a sign of trouble when Biden skipped last year's Super Bowl pre-game interview;  


For more talk on the issues that matter to you, listen on radio stations across America Monday-Friday 12am-5am CT (1am-6am ET and 10pm-3am PT), download the RED EYE RADIO SHOW app, asking your smart speaker, or listening at RedEyeRadioShow.com.
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2-10-25 Part One - Activist Judges Acting Out

Randi Rhodes Show 2-11-25

The new technocratic era is underway with Donald Trump’s return to the White House, and things are already taking an ominous turn with the unveiling of his new $500 billion artificial intelligence infrastructure program. Partnered with some of the worst people in Silicon Valley, such as Larry Ellison and Sam Altman, his second administration is shaping up to be even more dangerous than his first.

How do the lessons found in the 1932 book Brave New World translate to today’s world, and are we about to embark on a societal transformation? Could the fictional “savage reservation” where those who have fled the system live be a glimpse into the dystopian future these technocrats want for all of society? Are building the walls of our own digital prison, or should we sit back and simply trust the plan?

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#516: Trump’s Brave New World

Little by little, congressional Republicans are waking up to discover that their own voters are in revolt against Elon Musk’s efforts to wreck the federal government. New reports from CNN and The Bulwark show that Republicans are quietly seeking to tamp down voter angst in all kinds of revealing ways. These are voters in GOP districts, but very few Republicans will prominently take on Musk, even though he is usurping their power. We talked to political science professor Elizabeth Saunders, author of a new piece for Foreign Affairs about the threat posed by Musk’s Department of Government Efficiency. She reflects on how complicit GOP lawmakers are in the destruction we’re seeing unfold—and on what, if anything, might prompt them to defend the system before the damage is irreversible. 
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The Daily Blast: Pro-Trump GOPers Shocked to Learn Their Own Voters Are Fuming at Musk

Melissa, Kate, and Leah continue to assess the fallout from the second Trump administration, including his blatant disregard of the law in firing many inspectors general. They also discuss the mental gymnastics required to blame Wednesday’s tragic plane crash on DEI, the repercussions of the administration's executive orders targeting trans people, and two crucial state supreme court races.

The Lawlessness, Chaos, & Cruelty of Trump 2.0

2-11-25 Hour 2 - Dems Yelling in the Streets over DOGE

Today, we’re talking about Elon’s systematic campaign of retaliation against federal agencies and what may be driving his actions. Plus the deceptive trap behind the federal employee "buyout" scheme and his installation of unvetted appointees.
Later, Tristan breaks down Trump's alarming plans for a U.S. military occupation of Gaza, his attempts to re-legalize foreign bribery, Kash Patel, and why all of this chaos and reliance on midnight executive orders actually signals weakness, not strength.