Summary of "The Stephen A. Smith Show" Episode: Interview with CNN Legal Analyst Ellie Hoenig

Podcast Information:

• Title: The Stephen A. Smith Show
• Host: Stephen A. Smith and iHeartPodcasts
• Episode: Interview Only: CNN Senior Legal Analyst Ellie Hoenig on Trump's 26 Executive Orders
• Release Date: January 26, 2025

Introduction

In this compelling episode of The Stephen A. Smith Show, host Stephen A. Smith engages in an insightful discussion with CNN Senior Legal Analyst Ellie Hoenig. The conversation centers around the unprecedented move by former President Donald Trump, who signed 26 executive orders on his first day in office—a record-breaking number that has significant implications for American governance and society.

Executive Orders Overview

Stephen A. Smith kicks off the discussion by highlighting the sheer volume of executive orders (EOs) signed by Trump:

"Donald Trump just set the record for most executive orders ever issued on Inauguration Day, 26 of them."
[01:17]

Ellie Hoenig outlines the historical context and legal ramifications:

"No president has ever come in on day one and issued 26 orders before. So happy to be here and help you walk through which ones are most."
[01:17]

Hoenig emphasizes that while executive orders are a tool for presidents to implement policies swiftly, Trump's approach raises concerns about the extensive use of executive power right from the outset of his term.

In-Depth Discussion

1. Redefining Birthright Citizenship

One of the most controversial EOs signed by Trump aims to redefine birthright citizenship as outlined in the 14th Amendment.

Details of the Order:

• A child born in the U.S. would not be considered a citizen if:
  • The mother lacks legal immigration status or is only temporarily present.
  • The father is neither a U.S. citizen nor a lawful permanent resident.
• U.S. agencies are barred from recognizing such citizenship claims and are instructed not to accept state documents that do.

Hoenig breaks down the constitutional conflict:

"Donald Trump is trying to reverse 150 years of American law under the 14th Amendment... sort of change and really tweak the definition so that it does not apply to somebody who's here illegally and has children here. But that's just contrary to what it says in the Constitution."
[03:19]

A federal judge responded swiftly:

"A federal judge... said something like, this is one of the most ridiculous legal motions I've ever seen..."
[04:33]

This judicial pushback underscores the tension between the executive branch's actions and established constitutional protections.

2. Eliminating Diversity, Equity, and Inclusion (DEI) Programs

Another significant EO directs federal departments and agencies to dismantle DEI initiatives within 60 days, including terminating chief diversity officer positions.

Hoenig explains the legal boundaries:

"Executive orders apply to the executive branch... the President cannot issue an executive order that tells Congress what's to do, tells the courts what to do, or really even tells the states what to do."
[05:14]

She notes the potential for future court challenges if the EO crosses into prohibited discrimination areas.

Stephen A. Smith voices concern over the intent behind redefining DEI:

"They're trying to define DEI programs as basically handouts... they don't pay any attention to why it came into existence to begin with."
[06:21]

3. Attempt to Amend Term Limits

Tennessee Representative Andy Ogles introduced a resolution to allow Trump a third term, challenging the constitutional two-term limit.

Hoenig assesses the feasibility:

"The process to amend the Constitution... is almost impossible. This thing is doa, Dead on arrival. No chance."
[07:09]

Smith highlights the hypocrisy, given the conservative emphasis on constitutional adherence:

"Our Constitution clearly calls for a two-term limit. And nevertheless, here's a Republican representative trying to propose such a thing, which... just reeks of hypocrisy."
[08:26]

4. Release of JFK, RFK, and MLK Assassination Files

Trump's EO mandates the declassification of documents related to the assassinations of John F. Kennedy, Robert F. Kennedy, and Martin Luther King Jr.

The MLK family responded:

"For us, the assassination of our father is a deeply personal loss... we hope to be provided the opportunity to review the files as a family prior to its public release."
[09:45]

Hoenig critiques the approach:

"If you're going to do this... you have to start with the families... respect the wishes of the people who were murdered."
[09:45]

She speculates on Trump's motivations, suggesting a populist instinct rather than a strategic legal move.

Insights from Ellie Hoenig

Ellie Hoenig provides a nuanced perspective on the implications of these EOs:

• Legal Boundaries: While presidents have broad powers, there are constitutional limits that can be tested in courts.
• Political Symbolism: Many EOs serve as symbolic gestures to signal policy directions rather than immediate actionable items.
• Populist Tendencies: Trump's actions may be driven by a desire to appeal to his base, even if some measures face legal hurdles.

Hoenig also touches on Trump's broader stance towards law enforcement and the "deep state," hinting at underlying tensions that may influence his administration's actions.

Brief Transition to Sports

Shifting gears, Stephen and Ellie share a lighthearted conversation about sports, particularly focusing on Ellie's support for the Philadelphia Eagles. They reminisce about historical moments and discuss current prospects:

"I get that rationally. But, in our nature, we have to be pessimistic and nervous until it's over."
[12:35]

Ellie expresses enthusiasm for the Eagles' chances, while Stephen humorously cautions her about a promising player:

"This brother can make a difference. Make no mistake about it."
[13:07]

Conclusion

This episode of The Stephen A. Smith Show provides an in-depth analysis of former President Donald Trump's extraordinarily active start to his administration through 26 executive orders. With Ellie Hoenig's expert legal insights, listeners gain a comprehensive understanding of the constitutional challenges, political motivations, and societal impacts of these orders. The discussion underscores the delicate balance between executive power and constitutional limits, highlighting the ongoing debates that shape the American political landscape.

Notable Quotes:

• Stephen A. Smith: "Donald Trump just set the record for most executive orders ever issued on Inauguration Day, 26 of them."
  [01:17]

• Ellie Hoenig: "Donald Trump is trying to reverse 150 years of American law under the 14th Amendment..."
  [03:19]

• Stephen A. Smith: "Our Constitution clearly calls for a two-term limit... just reeks of hypocrisy."
  [08:26]

• Ellie Hoenig: "If you're going to do this... you have to start with the families."
  [09:45]

Note: This summary excludes advertisements, introductions, and other non-content sections to focus solely on the substantive discussions between Stephen A. Smith and Ellie Hoenig.