Strict Scrutiny Podcast Summary

Episode: Yes, We’re in a Constitutional Crisis
Release Date: February 17, 2025
Host/Author: Crooked Media
Duration: Approximately 73 minutes

Yes, We’re in a Constitutional Crisis is a compelling episode of Strict Scrutiny, hosted by constitutional law professors Leah Lippman, Kate Shaw, and Melissa Murray. This episode delves deep into the tumultuous actions of the Trump administration, highlighting a series of unprecedented moves that suggest a profound constitutional crisis in the United States.

1. DOJ Corruption and Resignations

The hosts kick off the episode by examining the recent chaos within the Department of Justice (DOJ). They discuss the dismissal of corruption charges against New York City Mayor Eric Adams, orchestrated by Acting Deputy Attorney General Dag Bag Emil Beauvais.

• Leah Lippman [04:04]: "We're also going to cover some developments in courts involving some of the administration's actions... including the acting deputy Attorney General, who we'll call Dag Bag, Emile Vevey, and interim U.S. attorney for the District of Columbia, aka USA Dick."

Melissa Murray provides a detailed account of how Beauvais directed the dismissal of charges against Mayor Adams without prejudice, effectively leaving the charges dangling in exchange for Mayor Adams's cooperation with federal immigration enforcement.

• Melissa Murray [10:00]: "In that letter, Sassoon explained that she could not in good faith request that these charges be dismissed."

This maneuver has led to significant internal strife, resulting in the resignation of key DOJ officials who oppose these corrupt practices.

• Melissa Murray [26:49]: "There are people doing things, and if you are doing things, like, you see them, too... Over 40 lawsuits in total have already been filed."

2. Executive Orders and Policy Shifts

The episode highlights a series of executive orders aimed at dismantling longstanding federal protections and regulations:

• Suspension of the Foreign Corrupt Practices Act (FCPA):
  The administration issued an executive order to cease enforcing the FCPA, a 1977 law preventing U.S. entities from bribing foreign officials.

  • Melissa Murray [21:04]: "Attorney General Pamela Joe Bondi has also announced that the administration will disband the National Security Division's corporate enforcement unit and drastically limit prosecutions under the Foreign Agent Registration Act."

• Disbanding the Consumer Financial Protection Bureau (CFPB):
  Russell Vaught, recently confirmed to the Office of Management and Budget (OMB) and appointed as the acting CFPB director, issued a directive halting all consumer protection law enforcement.

  • Melissa Murray [33:02]: "Vogt's first act as the acting CFPB director was in fact to tell the entire agency, we're no longer enforcing any of the consumer protection laws."

3. Attacks on Independent Agencies and Oversight Bodies

The administration has systematically targeted independent agencies and oversight bodies to consolidate power:

• Firing of Inspectors General and Ethics Officials:
  Numerous Inspectors General and heads of ethics-related offices have been dismissed or forced to resign, undermining federal accountability.

  • Leah Lippman [47:30]: "You have to sign your name to all briefs, and the administration will fire you if they don't like some of those briefs."

• Curtailing Judicial Independence:
  Acting Solicitor General Sarah Harris announced plans to challenge the Supreme Court's precedent in Humphrey's Executor, aiming to strip protections from agency heads and grant the President broader authority to remove officials.

  • Melissa Murray [48:44]: "If accepted by courts, it means restrictions that exist in statutes that constrain the President to summarily remove anyone he chooses will be unconstitutional."

4. Legal Challenges and Litigation

The episode underscores the surge in litigation aimed at countering administrative overreach:

• Lawsuits Against Key Figures:
  Over three dozen lawsuits have been filed by organizations like State Democracy Defenders, Public Citizen, and the ACLU, challenging actions such as the unilateral termination of DOJ officials and the infringement on federal agency autonomy.

  • Melissa Murray [45:05]: "The claim is that this kind of power can only be exercised by officers of the United States, individuals appointed as the Constitution requires."

• Preliminary Rulings:
  Courts have begun issuing preliminary relief against the administration’s actions, including orders blocking the disbursement of funds and accessing sensitive systems.

  • Melissa Murray [43:42]: "The district court was like, yeah, your card's no good here. Thank you."

5. Assault on Gender Equality and DEI Policies

A significant portion of the episode is dedicated to analyzing the administration's stance on gender and Diversity, Equity, and Inclusion (DEI) initiatives:

• Targeting Women in Leadership:
  The administration has systematically removed women from high-ranking positions, including the first female Commandant of the Coast Guard, citing excessive focus on DEI policies.

  • Leah Lippman [62:22]: "This is the contempt that the administration seems to have for women in military leadership positions."

• Rolling Back Protections for Transgender Individuals:
  Executive orders have been issued to eliminate legal protections for transgender people, under the guise of "defending women from gender ideology extremism."

  • Melissa Murray [66:21]: "The federal government is issuing executive order after executive order in defense of women... protects compassionate but horse out."

6. Responses from the Administration and Media

The hosts critique the administration's official responses and media narratives that downplay the crisis:

• Press Secretary's Denial:
  White House Press Secretary Caroline Levitt attempted to deflect claims of a constitutional crisis by blaming judicial activists for hindering executive authority.

  • Caroline Levitt [57:34]: "Many outlets... have been fear mongering the American people into believing there is a constitutional crisis taking place here at the White House."

• Hosts' Counterarguments:
  The hosts passionately argue that the administration's actions are clear violations of constitutional principles, highlighting the disconnect between public statements and the reality of the situation.

  • Leah Lippman [52:17]: "The chasm between how our constitutional system is functioning and how it should be functioning is so... huge."

7. Calls to Action and Hope Amidst Crisis

Despite the bleak portrayal of governmental overreach, the hosts offer avenues for resistance and hope:

• Supporting Legal Challenges:
  Listeners are encouraged to donate to organizations fighting against administrative overreach and to support investigative journalism.

  • Melissa Murray [72:23]: "If you're even a fraction of as incensed as we are... support journalism by subscribing to the places who are doing great investigative work."

• Inspiration from Grassroots Movements:
  The hosts highlight the courage of individuals and students who are actively resisting and pushing back against unconstitutional policies.

  • Melissa Murray [69:21]: "High school students around the country... are doing the work, learning about the Constitution, learning about Supreme Court cases."

Notable Quotes

1. Melissa Murray [05:28]: "But I feel like there is something similar afoot right now, which is that the best way to sound kind of like a raving lunatic right now is to accurately describe the ransacking of the federal government that is occurring in front of our faces."

2. Leah Lippman [47:30]: "It is to eradicate from the federal government any individual or entity that would act with any degree of independence in a way that would check a lawless presence."

3. Melissa Murray [66:21]: "These anti-trans moves are obviously horrific for transgender women... but it's also the point that CIS women, all women, like this, a lot of this policy making is very, very bad for women writ large."

4. Guest Speaker [63:43]: "He is fake, huh? Sam Alito needs to just read the news."

Conclusion

Yes, We’re in a Constitutional Crisis serves as a stark warning about the current trajectory of the U.S. government under the Trump administration. The hosts meticulously dissect a series of actions that collectively undermine the constitutional balance of power, weaken federal oversight, and attack gender equality. Through detailed analysis and impassioned discussion, Leah, Kate, and Melissa illuminate the severity of the situation while also inspiring listeners to engage in meaningful resistance.

For those seeking to understand the intricate legal battles shaping America's future, this episode offers an essential and insightful examination of the ongoing constitutional upheaval.

Listen to the full episode on YouTube or your preferred podcast platform to stay informed and empowered.