Morning Wire Weekend Edition

Episode: Reverse Lawfare: The Fight for Trump’s Agenda in the Courts
Date: September 13, 2025
Host: Ed John Bickley, Georgia Howe
Guest: Senator Eric Schmidt (Missouri)

Overview

This episode features Senator Eric Schmidt, former Missouri Attorney General, discussing his new book, "The Last Line of Defense: How to Beat the Left in Court." The conversation focuses on Schmidt’s legal battles against progressive policies and the shifting use of lawfare as a conservative tool. Topics include government overreach, censorship, COVID-era mandates, free speech cases, and the broader struggle for constitutional governance.

Key Discussion Points

1. Eric Schmidt’s Relationship with President Trump

• Trump’s Endorsement: The episode opens with a quote from President Trump praising Schmidt’s legal efforts in support of “America First” policies.
• Personal Ties:
  • Schmidt: “I've gotten to know President Trump really well...I can consider him a friend. But, more importantly...I think he's the most consequential president in my lifetime.” [02:10]
  • Memorable Moment: Schmidt recounts attending the Super Bowl and playing golf with Trump.

2. Major Legal Victories and Strategies

• Taking Lawfare to the Left: Schmidt recounts the shift from Democrats using courts to block GOP policies to conservatives doing the same.
• Key Cases as Attorney General:
  • COVID Vaccine Mandate:
    • Schmidt sued against federal vaccine mandates, taking the case to the Supreme Court and winning.
  • Student Loan Forgiveness:
    • Missouri challenged Biden’s student loan debt plan. “Would cost taxpayers a half a trillion dollars...we took it to the Supreme Court, and we won.” [03:08]
  • Missouri vs. Biden Censorship Lawsuit:
    • Revealed government efforts to suppress free speech via social media—predating Twitter Files and congressional hearings.
    • “We filed the Missouri vs Biden lawsuit that unveiled and really uncovered this vast censorship enterprise.” [03:08]
  • School Mask Mandates:
    • Only AG to sue 50+ school districts over forced masking.
    • “We were able to beat that back, too. So I think the lessons there, you know, that’s the playbook: you’ve got to stand up and you got to fight.” [03:08]
  • Notable Quote:
    • “Power doesn't necessarily corrupt, but it does reveal. And what it revealed about the left were their true intentions.” [06:42]

3. Exposing Government-Social Media Collusion

• Discovery Strategy:
  • Opted for discovery over immediate injunction to gather evidence of government censorship.
  • Uncovered emails, secret portals, and depositions of Anthony Fauci and FBI agents (“pre-bunking” Hunter Biden laptop story).
  • “They knew it was real and they were telling the social media companies you got to censor this because it is a Russian hack and leak operation.” [06:10]
• Transparency as a Solution:
  • Schmidt argues that shedding light on these operations is central to preventing future abuse.
  • “When you get that kind of information out, it helps inform the public debate.” [08:11]
  • Memorable Moment:
    • Detailed explanation of various government agencies and outside institutions (like Stanford, University of Washington) involved in flagging information for censorship.
    • “This is coming from the highest levels of the White House…It is sprawling and it was uncovered.” [08:43]

4. The Administrative State as a Legal Target

• Deep Causes:
  • Links current overreach to early 20th-century progressives and Woodrow Wilson’s philosophy.
  • “We’ve got to dismantle it. We got to take that power away, return it back to people who are accountable.” [09:49]
• Policy Suggestions:
  • Any agency rule with economic impact should require Congressional approval—restoring accountability.
  • “When you have a, you know, a faceless bureaucrat in an agency no one’s heard of, that's not accountability.” [10:10]

5. Lawfare as Political and Cultural Struggle

• Balancing Court Wins with Public Opinion:
  • Schmidt stresses the need to win not just in court but also “the argument with the people,” citing his work on local mask mandates and CRT document transparency. [11:15]
  • Grassroots Impact:
    • “The most common, you know, infrequent comment I get, usually from a mom, is somebody coming up to me and saying, ‘You know what? Thank you for fighting for our kids.’” [12:13]

6. The New Conservative Legal Terrain

• Are Conservatives Now on Offense?
  • Schmidt: “The terrain is good for us in the sense that we have a relatively conservative Supreme Court now, that...makes decisions on what the law says or what the Constitution says, not what they want it to be.” [12:49]
• Trump’s Judicial Appointments:
  • Over 200 judges appointed in Trump’s first term, shaping appellate outcomes.
  • “President Trump has been successful, and I think he'll continue to be successful.” [13:44]

Notable Quotes & Memorable Moments

“I think for the country...he's the most consequential president in my lifetime. And this comeback...in November is historic, to say the least.”
— Senator Eric Schmidt on President Trump [02:10]

“Power doesn't necessarily corrupt, but it does reveal. And what it revealed about the left were their true intentions, which was to control the public.”
— Senator Eric Schmidt [06:42]

“You got to remember, this was before the Twitter files. This was before the Congressional hearings. We really brought that, you know, to the American people.”
— Senator Eric Schmidt [03:40]

“The terrain is good for us...we have a relatively conservative Supreme Court now...making decisions on what the law says or what the Constitution says, not what they want it to be.”
— Senator Eric Schmidt [12:49]

“This stuff was pretty wild...we fought back, we won. We can’t ever let this happen again.”
— Senator Eric Schmidt [07:06]

Important Timestamps

• [01:38] Introduction of Senator Eric Schmidt and discussion about Trump’s endorsement
• [03:08] Schmidt outlines key legal victories as AG
• [05:11] Discussion of Missouri v. Biden case strategy and impact
• [06:10] Revelations from government censorship lawsuit, depositions
• [08:11] Importance of media transparency and “whole of government” efforts
• [09:49] Schmidt advocates for dismantling the administrative state
• [11:15] The necessity of winning public support, not just legal battles
• [12:49] Assessment of shifting legal and cultural terrain for conservatives

Conclusion

Senator Eric Schmidt frames the legal battles of recent years as both cautionary tales and roadmaps for future conservative engagement with the judiciary. Through detailed case studies—from fighting vaccine mandates to exposing coordinated government censorship—he provides insights into leveraging the courts for political and cultural change. The discussion culminates with renewed optimism about a conservative Supreme Court and calls for ongoing civic engagement, both inside and outside the courtroom.