Keeping It Real: Conversations with Jillian Michaels
Episode: Legal Showdowns of Trump’s 2nd Term: Alan Dershowitz Breaks It All Down
Release Date: March 13, 2025

In this compelling episode of Keeping It Real, renowned constitutional lawyer and Harvard Law Professor Emeritus, Alan Dershowitz, joins host Jillian Michaels to dissect the multifaceted legal battles surrounding President Donald Trump's second term. Their in-depth conversation traverses topics from executive authority and media bias to federal workforce reductions and the intricacies of executive orders. Below is a detailed summary capturing the essence of their discussion, enriched with notable quotes and timestamps for reference.

1. Introduction to Legal Controversies

Jillian Michaels opens the episode by setting the stage for a robust discussion on the legal maneuvers of President Trump during his second term. She introduces Alan Dershowitz, highlighting his extensive background in constitutional law and his role in defending high-profile clients, including Trump himself.

Notable Quote:
Jillian Michaels [01:18]: "Today we're diving into all things legal when it comes to the Trump presidency... You're not going to want to miss this one."

2. Assessing Claims of Authoritarianism

The conversation begins with Michaels expressing skepticism towards claims labeling Trump as an authoritarian dictator. She points out perceived hypocrisies, such as Trump's actions against biased media and the FBI.

Alan Dershowitz counters by emphasizing the legality of Trump's actions, drawing parallels with past administrations.

Notable Quote:
Alan Dershowitz [03:12]: "Legally, he's perfectly within his authority... The executive branch has the authority, some authority at least, to determine how legislatively authorized expenditures are actually implemented."

3. Executive Appointments and Senate Confirmations

Michaels raises concerns about appointments like Elon Musk's without Senate confirmation, questioning their legitimacy.

Dershowitz responds by highlighting that the majority of government positions do not require confirmation, asserting that both political parties engage in similar practices.

Notable Quote:
Alan Dershowitz [04:56]: "The vast majority of people who make decisions in the government are not confirmed... So many of the most important positions in government are not confirmed."

4. Federal Workforce Downsizing and Legal Challenges

Michaels shifts focus to Trump's administration's extensive federal workforce reductions, citing specific numbers across various departments and the subsequent lawsuits filed by state attorneys general.

Dershowitz defends the administration's right to downsize, asserting that as long as actions are within legal boundaries, challenges are unlikely to succeed.

Notable Quote:
Alan Dershowitz [10:34]: "President has the right to spending... as long as he does it pursuant to the law, he can't fire certain civil service people because there are statutes prohibiting that."

5. Media Bias and Academic Retribution

The discussion transitions to media bias and Dershowitz's experiences facing backlash from academic institutions after defending Trump legally. He criticizes the lack of balanced outrage, pointing out that both political sides seek loyalty in appointments.

Notable Quote:
Alan Dershowitz [15:14]: "I was Persona non grata in academy. And the other thing about the academy is if you want to predict what the country will be like in 20 years... these are gonna be members of Congress in 20 years."

6. Security Clearances and Partisan Manipulation

Michaels questions the revocation of security clearances for former intelligence officers involved in politically charged narratives like the Steele dossier and Hunter Biden's laptop controversy.

Dershowitz proposes a radical reform: terminating security clearances for individuals no longer in government roles to prevent partisan misuse.

Notable Quote:
Alan Dershowitz [23:24]: "Nobody who is not working in the government should ever have a security clearance... I would like to see an end to all security clearance for all people who are no longer in the government."

7. Executive Orders and State vs. Federal Authority

Addressing the use of executive orders, especially concerning transgender athletes in sports, Michaels seeks clarity on the extent of presidential authority versus state rights.

Dershowitz underscores the complexity, advocating for legislative solutions over executive actions and highlighting the collaborative nature of federal and state governance.

Notable Quote:
Alan Dershowitz [37:14]: "The best resolution of this would be legislative. To have Congress pass laws about transgender men playing in women's sports, you could then do it in a nuanced way."

8. Concerns Over Higher Education and Future Generations

Expressing his deepest concerns, Dershowitz critiques the current state of higher and secondary education. He fears rising bigotry and radicalism on campuses will shape a divisive future, emphasizing the need for balanced discourse.

Notable Quote:
Alan Dershowitz [38:39]: "I worry deeply about the bigotry, bias, one sidedness, radicalism of so many students today on so many high school and college campuses."

9. Court Packing and Judicial Independence

Michaels inquires about the concept of court packing, especially in light of recent Supreme Court decisions.

Dershowitz clarifies that court packing requires legislative action, not executive, and expresses skepticism about its feasibility given historical precedents.

Notable Quote:
Alan Dershowitz [41:34]: "Packing the court requires legislation. You can't pack the court through presidential actions... I think we will not see a packed court."

10. Conclusion and Final Thoughts

As the episode concludes, Dershowitz reaffirms his belief in the resilience of the U.S. legal system, dismissing fears of impending tyranny. He also promotes his own podcast, The Derrst Show, encouraging listeners to engage further with his work.

Notable Quote:
Alan Dershowitz [42:19]: "Our system is working... we're good people, decent people, and we come to essentially the right conclusions."

Key Takeaways

• Executive Authority: Trump's actions during his second term are largely within legal bounds, despite public accusations of authoritarianism.

• Appointments Practices: The use of unconfirmed appointments is a longstanding practice across administrations, not exclusively Trump’s.

• Federal Workforce Reduction: Efforts to downsize the federal workforce face legal challenges but are generally defensible unless they breach specific statutes.

• Media and Academia Bias: There exists a perceived double standard in how media and academic institutions handle political figures, contributing to societal polarization.

• Security Clearance Reforms: Proposals to limit security clearances to current government employees aim to reduce partisan misuse but face significant hurdles.

• Legislative Over Executive Actions: Complex issues like transgender athletes in sports are better addressed through legislative means rather than executive orders to ensure nuanced solutions.

• Educational Influence on Future: The current climate in higher education may have long-term effects on societal values and governance.

• Judicial Independence: Efforts to alter the Supreme Court's composition via court packing are unlikely to succeed without legislative support and face logistical challenges.

This episode offers a profound exploration of the legal intricacies surrounding Trump's presidency, providing listeners with expert insights and fostering a deeper understanding of the United States' legal and political landscape.