The Oath and The Office

Could the Supreme Court help Trump disrupt the 2026 election?

In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang examine a new fight over mail ballots and postal rules that could create chaos, disenfranchise lawful voters, and give the administration new leverage over the election process.

We also look at why the Supreme Court’s shadow docket matters so much here, what happens when major election rules are decided without full briefing or argument, and why the Court’s own effort to restrict access to its historical records matters for democratic accountability.Plus, we examine a separate legal strategy that could threaten the tax exempt status of major institutions.

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Timestamps:
0:30 – SCOTUS Will Decide if Trump’s Mail-In Voting Restrictions are Constitututional
28:00 – Why Are Supreme Court Records Sealed for Decades?
38:07 – House Democrats’ Push to Expand the Court
45:40 – The Treasury Wants to Revoke Tax-Exempt Status For Anti-Racist Universities

56:36 – Why These Conversations Give Us Hope

Trump’s abuses of power keep colliding with the law. But even when courts recognize the danger, procedural barriers can prevent them from stopping it.

Corey and John examine how standing doctrine blocked a challenge to Trump’s ballroom project, despite an unusual dissent from Chief Justice John Roberts. They also discuss a major free speech victory at Stanford that, like the Khalil case, was weakened by procedural limits. Next, they turn to Trump’s effort to seize control of the Postal Service and refuse delivery of valid mail ballots, using the unitary executive theory to threaten voting rights.

Then, former U.S. Attorney Barbara McQuade joins the show to explain why Trump governs less like a president and more like a mafia boss. Drawing from her new book, "The Fix", she connects Trump’s mob style campaign against dissent to the attack on the Southern Poverty Law Center, the Justice Department’s subpoenas targeting New York Times journalists, and the administration’s attempt to undermine voting by mail.

Barbara McQuade’s new book, The Fix: Saving America from the Corruption of a Mob-Style Government: https://www.barbaramcquade.com/

Why did the January 6 Committee underplay the role of Christian nationalism in its final report?

Rep. Jared Huffman, the only openly nonbelieving member of Congress, joins Corey Brettschneider for a deep dive into the Christian nationalist movement threatening American democracy. Drawing from his new book, No Prophets, Huffman breaks down the specific factions that make up this movement, how they are capturing political power, what they want, and what comes next. We also examine the central role Christian nationalism played in January 6 and why that crucial part of the story was largely left out of the Committee’s final report.

Support our sponsor today at https://FFRF.us/office

You can find Rep. Jared Huffman’s new book, No Prophets, here: https://wwnorton.com/books/9781324130499

3:43 – Religious Nationalism & January 6th
11:40 – Who Are the Christian Nationalists?
18:18 – Where Christian Nationalism Appears in Congress
24:43 – The Policy Implications of Theocratic Movements
29:42 – Why Congressman Huffman Still Has Hope

This week on The Oath and the Office, we follow four stories that raise one question: what happens when the restraints on presidential power start disappearing?

Donald Trump is being sued over a service offering paying customers early access to his Truth Social posts, including market-moving announcements, for as much as $100,000 a month. Is official presidential information becoming a private commodity?

Then Trump goes back to the Supreme Court after two lower court losses, asking the justices to revive his plan to impose new conditions on mail ballots ahead of the midterms. Corey Brettschneider and John Fugelsang break down what the fight means for presidential power over elections.

We also look at ICE’s reported plan to spend millions on electric shock gloves and the Treasury Department’s decision to dismantle major beneficial ownership disclosure rules designed to expose anonymous shell companies, rules originally championed by Marco Rubio as a weapon against money laundering, trafficking, and terrorism.

From presidential self-enrichment to elections, immigration enforcement, and financial secrecy, the question is the same: who is left to constrain executive power?
1:50 – Paid Early Access to Trump’s Truth Social Posts
12:56 – The Death of the Foreign Corrupt Practices Act
19:30 – The Corporate Transparency Act
30:18 – Trump’s Supreme Court Appeal on Mail Voting
43:25 – ICE’s New Electric Shock Gloves

Trump already lost on birthright citizenship. Now he is testing the limits of constitutional law with two narrower executive orders. We explain the high-stakes game of chicken underway: can a president just keep pushing after the courts and the Constitution say no?
Plus, a rapid-fire breakdown of this week’s legal chaos:
Vanity Plates: A bizarre but critical free speech fight.
DOJ Takeover: Todd Blanche officially steps in as Attorney General after a bruising confirmation fight over Trump, DOJ independence, and a $1.8 billion slush fund.
The $400 Million Ballroom: A court abruptly blocks Trump’s massive White House construction plan.
Targeting Fauci: Senate Republicans vote to hold Anthony Fauci in contempt.

Timestamps:

2:41 - Trump Renews Attack on Birthright Citizenship
10:25 - Profanity, License Plates, and Free Speech
21:56 - Senate Confirms Todd Blanche as Attorney General
35:25 - Court Temporarily Halts Construction on Trump's Ballroom
41:26 - Senate Committee Holds Dr. Anthony Fauci in Contempt of Congress