Illegal War? War Powers, Deportation Chaos & Trans Rights at Risk

The Oath and The Office

Corey Brettschneider

Government, News, Politics

4.9 • 591 Ratings

🗓️ 25 June 2025

⏱️ 58 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In this wide-ranging episode of The Oath and The Office, John and Corey dive into four major legal controversies shaking the nation:

Iran Attack & War Powers: Was President Trump’s recent bombing of Iranian nuclear sites without Congress’s approval an illegal act of war? The hosts examine whether the strike amounts to an undeclared war and discuss the War Powers Resolution of 1973. They break down why House Speaker Mike Johnson has called the War Powers Act unconstitutional, noting that presidents of both parties have long bypassed Congress in military actions. If the War Powers Act is flawed, John and Corey argue, it’s because it gives the president too much leeway at the expense of Congress’s authority – not the other way around.
Supreme Court on Deportations: The Supreme Court has allowed President Trump to resume deporting migrants to third countries – including turmoil-filled places like South Sudan – with minimal notice to those being removed. John and Corey unpack this controversial ruling, which handed a victory to the Trump administration’s hardline immigration policy. They discuss how the decision bypassed lower-court orders that had required warning migrants about their destination and a chance to contest being sent to dangerous regions, and what this means for executive power and humanitarian protections.
Defying Court Orders: A DOJ whistleblower claims a top Justice Department official (now a Trump judicial nominee) suggested ignoring court orders to carry out deportations. John and Corey discuss who could be held in contempt in such a scenario and the broader implications for the rule of law if the executive branch were to defy judicial rulings.
Transgender Rights Under Fire: Finally, John and Corey tackle a recent case in which a court upheld a controversial Tennessee law targeting transgender youth. They describe the law – viewed by critics as a bigoted attack on trans rights – which bans gender-affirming care for transgender minors, and how the court’s decision exemplifies the judiciary’s abandonment of transgender rights. The hosts lament this trend in which both state and federal courts are allowing sweeping restrictions on LGBTQ+ individuals, and they discuss the potential fallout for trans Americans and their families.

Tune in as we analyze these headline-making stories at the intersection of presidential power and constitutional rights, and what they mean for the future of American democracy. Each segment offers critical insights into how far executive authority can stretch and how the courts are responding – or failing to respond – in the battles over war, immigration, and civil rights.

Transcript

Click on a timestamp to play from that location

0:00.0	Welcome to another edition of The Oath and the Office.
0:13.0	I'm John Fuglesang.
0:15.0	It's so good to be with you, and I'm so pleased, as always, to be joined by Professor Corey Brechtnyder,
0:19.0	the man who is the author of The Book, The Oath in the Office, a Guide to the Constitution for Future Presidents. He's also the author of the Presidents and the People, five leaders who threaten democracy and the citizens who fought to defend it. He spends his time enriching the lives of students in the Polyside Department at Brown. But here it's my constitutional law class every week.
0:38.0	Professor Brett Schneider, thank you so much for letting me do this as part of my parole.
0:41.9	Hello.
0:43.4	Thank you, John.
0:44.5	And, you know, as listeners know, I can't say it enough.
0:48.2	What a great partnership we've had.
0:50.0	And I continue to get questions.
0:52.2	We will have an episode next week
0:54.2	where we're bundling a bunch of questions
0:55.8	and we'll do a segment on that.
0:58.0	And the reviews keep coming in.
0:59.7	And, you know, we're in a time of crisis,
1:01.6	but people are also looking for hope.
1:03.4	And that's what we're providing
1:04.4	and we'll continue to tell the truth,
1:06.4	but also leave people feeling like,
1:09.1	you know, citizens can recover this democratic constitution.
1:13.0	Well, let's talk about it because after decades of threats, the former host of Celebrity
1:17.1	Apprentice has become the first American president to bomb Iran. We just spent billions of taxpayer
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Corey Brettschneider, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Corey Brettschneider and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.