The Oath and The Office

Trump’s War on Habeas Corpus and DOJ Independence — with Harry Litman

June 18, 2026·59 min
Episode Description from the Publisher

Corey Brettschneider and John Fugelsang open with explosive new reporting that Stephen Miller pushed a plan for President Trump to suspend habeas corpus — the fundamental constitutional safeguard that allows people detained by the government to challenge their imprisonment in court.They explain what habeas corpus is, why it has been central since the Founding, and why suspending it to speed mass deportations would mark an extraordinary expansion of presidential power.Then Harry Litman joins Corey and John to discuss the crisis at the Justice Department: the fight over Trump’s so-called “anti-weaponization” fund, the destruction of DOJ culture, the role of Todd Blanche, and what it would take to rebuild a Justice Department committed to law rather than personal loyalty.Plus: threats to mail ballots, the Epstein files, and whether courts and Congress can still constrain an increasingly unbound presidency.

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