Strict Scrutiny - SCOTUS Enables Government Destruction

Melissa and Kate run through the latest legal news, including the Court greenlighting the dismantling of the Department of Education. Then, they speak with NYU law professor Rachel Barkow about her book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

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  • 10/4 – Chicago

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What A Day - How AI Is Weaponizing Voicemail

As artificial intelligence programs become more widely accessible, so too do increasingly sophisticated deepfake scams that take advantage of the technology. Earlier this month, the State Department confirmed reports that an imposter pretending to be Secretary of State Marco Rubio reached out to at least five high-ranking government officials. It wasn’t the first time a member of the Trump administration had been impersonated by AI; in May, the White House confirmed a similar incident involving Chief of Staff Susie Wiles. But these days, you don’t even have to be a big-name politician to end up on the wrong side of a deepfake scam. If your image and voice exist on the internet, enterprising bad actors might be able to use them against you. Reporter David Gilbert, who covers disinformation and online extremism for Wired, joins us to talk about the risks deepfakes pose to the public and how all of us can protect ourselves.

And in headlines: President Donald Trump sued The Wall Street Journal for $20 billion over an article claiming he sent a lewd birthday card to convicted sex offender Jeffrey Epstein, Israeli troops killed dozens of Palestinians seeking food in Gaza Sunday, and CBS is pulling the plug on ‘The Late Show with Stephen Colbert.’

Show Notes:

What A Day - Inside ‘Alligator Alcatraz’ with Rep. Maxwell Frost

Alligator Alcatraz, a pop-up immigration detention center in the Florida Everglades, has been touted by members of the Trump Administration as an ‘efficient and low cost way’ to carry out the president's mass deportation agenda against ‘criminal illegal aliens.’ But an investigation by the Miami Herald found hundreds of the people at the facility have no criminal convictions or pending charges at all. And according to detainees and staff, the conditions in the makeshift facility are horrible, with reports of floors flooded with waste water, food ridden with worms, and clouds of mosquitos. Florida Democratic Rep. Maxwell Frost visited Alligator Alcatraz. He joins us to talk about his experience, and how he thinks Democrats should respond.

And in headlines: An Israeli strike hit the only Catholic church in Gaza, Democratic Rep. Jamie Raskin slammed Trump’s judicial nominee Emil Bove as “unqualified,’ and Homeland Security Secretary Kristi Noem hinted carry-on liquid limits could change.

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Pod Save America - Trump’s Secret Epstein Letter Revealed

The Wall Street Journal publishes a shocking 50th birthday letter Donald Trump wrote to Jeffrey Epstein that discusses a "wonderful secret" the two shared. Jon and Dan react live to The Journal's letter, discuss Trump's attacks against his supporters who still want the Epstein files released, and debate why the Department of Justice decided now was the right time to fire Maurene Comey — the federal prosecutor who worked on both Jeffrey Epstein and Ghislaine Maxwell's criminal cases. Then the two talk through Senator Josh Hawley's sad attempt to roll back the Medicaid cuts he just voted for and President Trump's draft termination letter for Fed Chair Jerome Powell. Then Congressional Progressive Caucus Chair Greg Casar stops by to talk about Texas Republicans' attempts to redraw congressional maps to sway the 2026 midterms elections. 

For a closed-captioned version of this episode, click here. For a transcript of this episode, please email transcripts@crooked.com and include the name of the podcast.

What A Day - Trump v The Federal Reserve Chair

President Donald Trump spent Wednesday refuting reports he plans to imminently fire Federal Reserve Chairman Jerome Powell. The president has been complaining about him for months, accusing Powell of unnecessarily keeping interest rates high. But Trump’s frustrations seemed to reach a new peak this week amid reports he had a letter drafted to oust the man he appointed to the job back in 2017, then asked a group of House Republicans whether he should do it. Firing Powell would undermine the Federal Reserve’s independence. It’s also potentially illegal. Bloomberg Senior Editor and friend of the pod Stacey Vanek Smith stops by to talk about interest rates, inflation risks, and Trump’s very focused campaign of loathing against Powell.

And in headlines: Vice President J.D. Vance hit the road to put some proverbial lipstick on Trump’s pig of a new tax and spending law, the Trump administration deported five migrants to the small African nation of Eswatini, and the senior vice president of PBS Kids says the network will have to scale back new programing if Congress lets Trump claw back funding.

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What A Day - The Trump Putin Breakup Explained

On the 2024 campaign trail, then-candidate Donald Trump repeatedly claimed he could end Russia’s war in Ukraine ‘on day one.’ Roughly 180 days into his second presidential term, the war has only escalated. What has changed is Trump’s attitude toward Russian President Vladimir Putin. This week, Trump announced a new deal to send U.S. weapons to Ukraine, after weeks of complaining about Putin’s increasingly destructive attacks. Ben Rhodes, former Deputy National Security Advisor to President Barack Obama and co-host of Pod Save the World, discusses the significance of Trump’s pivot. He also weighs in on the latest fault lines in the ongoing ceasefire talks between Hamas and Israel, mass layoffs at the State Department, and looming cuts to foreign aid.

And in headlines: The House joined in on the Jeffrey Epstein discourse, the Supreme Court greenlights mass layoffs at the Department of Education, and former National Security Adviser Mike Waltz testifies at his Senate confirmation hearing to be US ambassador to the United Nations.

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What A Day - Can Planned Parenthood Survive Trump’s Big Beautiful Law?

After the Supreme Court overturned Roe v. Wade three years ago, the question of abortion's legality and availability returned to the states. As of now, abortion remains broadly legal in more than 30 states and Washington, D.C. In some, like Kansas, Missouri and Montana, abortion is still legal largely because of voters. But while Trump spent a lot of time on the campaign trail trying to avoid the topic of abortion, his new tax and spending law proves that the GOP has stayed laser focused on restricting the rights of everyday Americans. It contains a provision that prevents health care nonprofits like Planned Parenthood, the nation's largest abortion care provider, from receiving Medicaid reimbursements for one year for ANY services – even those not related to abortion. Mary Ziegler, a professor at UC Davis School of Law who focuses on the history and politics of reproduction, healthcare and conservatism, explains how the new law could limit your ability to access health care and threaten Planned Parenthood.

And in headlines: Trump announced the U.S. will send Patriot missiles to Ukraine, a bunch of states sued the Trump administration for withholding money for after-school care and English language programs, and former New York Gov. Andrew Cuomo announced he'll stay in the race to be New York City's next mayor.

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Pod Save America - Trumps Wants You To Stop Talking About Epstein

MAGA’s Epstein revolt keeps growing — and despite Donald Trump’s pleas, it doesn’t look like it’s going away anytime soon. Elected officials get their first look inside “Alligator Alcatraz” and report seeing “disturbing, vile conditions.” Trump reverses his stance on Ukraine, issuing Putin a 50-day ultimatum. Favreau and Tommy break down the Jeffrey Epstein drama that erupted at the Turning Point USA Summit over the weekend; Trump’s new tariff threats against Russia, the European Union, and Brazil; and a new court ruling that could upend ICE operations in Los Angeles. They also discuss the timing of Biden’s New York Times autopen interview and J.D. Vance’s weekend trip to Disneyland, which featured an embarrassing video of the vice president attempting to run.

Strict Scrutiny - Hunger Games for Legal Hackery

Katie Phang, independent journalist and trial lawyer, joins Leah to run through the week’s legal news–and there’s a lot of it! They unpack, as KBJ puts it, “this Court’s demonstrated enthusiasm for greenlighting this President’s legally dubious actions in an emergency posture” and break down the latest thirstiness from the judges angling to be Trump’s next SCOTUS pick. Then, all three hosts are joined by Strict Scrutiny’s official roadie, Chris Hayes, to talk about his book, The Sirens' Call: How Attention Became the World's Most Endangered Resource

Hosts’ and Guests’ Favorite Things:

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

What A Day - Why Hiring 10,000 New ICE Agents Is A Bad Idea

President Donald Trump’s new spending and tax law is set to balloon the budget for immigration and detention enforcement. With an extra $170 billion over the next four years, the government is hoping to hire 10 thousand new Immigration and Customs Enforcement agents, build new detention facilities, and otherwise ramp up every aspect of arrests and removals. In fact, under the new spending plan, ICE will become the most well-funded law enforcement agency in the federal government. Garrett Graff is a historian and longtime politics and national security reporter who currently writes the ‘Doomsday Scenario’ newsletter. He joins us to talk about why dramatically expanding the federal immigration enforcement budget so quickly is a bad idea.

And in headlines: President Trump threatened new tariffs on Mexico and the European Union, Homeland Security Secretary Kristi Noem pushed back on critical reports of her handling of the response to the deadly Texas floods, and the State Department laid off more than 1,000 staffers.

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