The Oath and The Office

Jan. 6 wasn’t just a riot—it was a blueprint. This week, we connect Jan. 6 then to now and ask the core question of self-government: what happens when federal power starts acting as if the rules don’t apply?

Hosts Corey Brettschneider and John Fugelsang are joined by Tom Joscelyn—senior House Judiciary staff and a principal author of the House January 6 Committee’s final report—for a deep dive into the pressure campaign on Mike Pence, the false-electors plot, and why white supremacy and Christian nationalism were central to the attempt to overturn the election. Most importantly: how that same playbook is reappearing right now—and what it means for the rule of law.

Before Tom joins, Corey and John break down the week’s accountability flashpoints:
The killing of a Minnesota nurse—and the competing public narratives and misinformation surrounding it
The growing wave of court pushback and legal scrutiny aimed at ICE tactics in Minnesota
Where the politics stand on defunding ICE—and what real oversight would require
DOJ’s move to file criminal complaints tied to the St. Paul church protest, plus the magistrate judge’s refusal to approve a warrant prosecutors sought (including an attempt involving Don Lemon)
A reported memo directing ICE agents to proceed with operations—including entry onto private property—regardless of warrants or legal standing, and what that means for constitutional rights

The indictment that never came is still shaping DOJ’s ongoing battle with Trump.

In the first half, Corey Brettschneider and John Fugelsang break down this week’s accountability flashpoints:
The push to impeach DHS Secretary Kristi Noem — what impeaching a cabinet official actually means and why it matters now
The Supreme Court fight tied to the FTC with huge stakes for independent agencies and the question of whether a president can threaten the Federal Reserve
The looming tariff decision — and how tariffs are being used as political leverage, including in Trump’s pressure campaign involving Greenland
Then Corey and John are joined by Glenn Kirschner (former federal prosecutor) for a blunt, inside-the-system conversation about:
What went wrong with Robert Mueller
The decision not to indict Trump — and the precedent it set
How DOJ “corruption” happens in real life: pressure, incentives, normalization
The hardest moral call for public servants: stay and fight, or resign and warn the country
If the law won’t check power, what will?

An ICE agent killed Renée Nicole Good in Minneapolis—so can Minnesota bring charges, even if federal officials try to block accountability? We break down what local prosecutors can do, what legal shields federal agents may claim, and why this case is turning into a major constitutional showdown over law enforcement power and democratic control.

Then: Trump “unmasks” himself with rhetoric that escalates racial conflict—reviving the “reverse discrimination” frame and claiming white Americans have been “badly treated.” We unpack what that message is designed to do politically, and what it signals about the future of civil-rights enforcement.

Finally: a warning on Greenland—military planning and the use of force without Congress isn’t “strong”—it’s illegal. We explain the constitutional limits, what counts as an unlawful order, and what service members are (and aren’t) required to follow.

In this episode:
• Minneapolis: the legal path to state charges after Good’s killing
• Trump’s racial grievance politics—and why it matters right now
• Greenland: Congress, war powers, and the legality of military orders

In this episode of The Oath and The Office, Corey Brettschneider (Brown University Professor and author) and John Fugelsang dive into Trump’s illegal military action in Venezuela, exposing how it violates Congress' constitutional power to declare war. We discuss why this unilateral attack is unlawful and the steps Congress must take to push back, including retroactively condemning the invasion and revoking future military authorizations. Plus, we break down key takeaways from Jack Smith’s testimony before the House Judiciary Committee, shedding light on the ongoing investigations into Trump. Tune in for a critical constitutional analysis of executive overreach and the legal challenges ahead, only on The Oath and The Office.

As 2026 begins, host Corey Brettschneider (Brown University professor) and co-host John Fugelsang look back at 2025’s biggest constitutional stress-tests—and what to watch in 2026.

We start with the Supreme Court checking Trump on using the National Guard—why it matters, and whether the Insurrection Act is the next risk. That ruling is our doorway into a 2025 Year in Review: we revisit Trump’s most dangerous attacks on the Constitution, and the guardrails that barely held.

Next, we break down Judge James Boasberg’s escalating confrontation with the administration over deportations tied to the 1798 Alien Enemies Act. Can the government claim people sent to Venezuela have no due process rights? And can courts be told it’s “too late” once they’re out of the country? We explain what the Constitution requires and what’s at stake for the rule of law.

Finally, we turn to Florida, where Ron DeSantis’s remake of New College offers a blueprint for a broader war on education—replacing what they label “woke” with enforced ideology, down to symbolic culture-war moves like honoring Charlie Kirk.

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