
We’ve been on quite the journey with our First Amendment-guaranteed right to free speech, haven’t we? This week, we had the reinstatement of ABC’s “Jimmy Kimmel Live!” after Kimmel was suspended – thanks to the FCC threatening to take action against networks that chose to carry his show. And President Trump is still threatening to sue ABC in response to Kimmel’s return. You know, the President of the United States sure does have a lot of time on his hands to threaten talk-show hosts, get his political opponents indicted by the state, and rant about… escalators, for some reason. Which is odd, given that we’re staring down the barrel of a government shutdown if Congress can’t find a path to get the government funded in the next four days. So to talk more about the shutdown, our crisis of free speech, lawfare, and whether he’s worried he could become Trump’s next target, we spoke to Maryland Democratic Rep. Jamie Raskin. And in headlines, Defense Secretary Pete Hegseth reportedly sum...
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Jane Coston
It's Friday, September 26th. I'm Jane Coston, and this is what a Day. The show that's a little worried that the Vice President of the United States is laser focused on calling Pod Save America co host and my colleague Jon Favreau a, quote, dipshit. He is not a dipshit. Get a hobby. On today's show, Defense Secretary Pete Higseth reportedly summons top military officers to Virginia for a surprise meeting next week. And President Donald Trump reminisces on when he was in exile. But let's start with Congress and free speech. We've been on quite the journey with our First Amendment guaranteed right to free speech, haven't we? I mean, this week we had the reinstatement of ABC's Jimmy Kimmel Live after Kimmel was suspended for making a comment regarding maga's reaction to the murder of conservative activist Charlie Kirk, a suspension promoted by the chairman of the fcc, threatening to take action against networks that chose to carry his show. And President Trump is still threatening to sue ABC in response to Kimmel's return. You know, the President of the United States sure does have a lot of time on his hands to threaten talk show hosts, get his political opponents indicted by the state, and rant about escalators for some reason, which is odd, given that we're staring down the barrel of a government shutdown. If Congress can't find a path to get the government funded in the next four days, lawmakers can't keep the lights on. So while the free speech rights of everyone from a late night talk show host to a Turkish PhD student who co authored an op ed for their college newspaper get put in the metaphorical wood chipper, we're facing a government shutdown, one that increasingly Democrats aren't willing to fight to stop. So to talk more about the shutdown, our crisis of free speech, lawfare, and whether he's worried he could become Trump's next target, I spoke to Maryland Democratic Representative Jamie Raskin. Representative Jamie Raskin, welcome to what a day.
Jamie Raskin
I'm delighted to be with you.
Jane Coston
Before Jimmy Kimmel's show got pulled because of Brendan Carr's FCC jawboning, you called out in a Judiciary Committee hearing what you see as attacks on our constitutional freedoms. Here's a slice of what you said.
Jamie Raskin
Our country loves free speech. We fight for free speech. We fought for free speech. And we know it's in danger when students who are lawfully in the United States are. Are taken off the street and arrested without warrants by masked federal agents and unmarked cars. For writing an article or attending a rally that Stephen Miller doesn't like. Free speech is in danger when visitors to our country have their social media accounts screened at the border for any criticism of Donald Trump.
Jane Coston
Now Kimmel is back on air and roasting Trump. But how would you describe where things stand right now? Because obviously, what's happening isn't just about efforts to chill the voice of one comedian.
Jamie Raskin
If they don't like it, then you don't have the right to engage in it. Is the bottom line. If they don't like your speech, it's not free speech. So it goes from the immigrants who are facing deportation because they went to the wrong rally to the law firms, then they go after the colleges and universities. The entire administration is operating in a way to violate the free speech rights of their opponents.
Jane Coston
I want to get back a little bit to Jimmy Kimmel, because I think that there was a sense that his return to television was some sort of victory. But at the same time, you are seeing Trump continue to threaten ABC for his return because he wants to sue everyone. How worried do you think we should be?
Jamie Raskin
Well, first of all, you are correct, Janie, that lawfare is the name of the game. That's not what they're fighting. That's what they're doing on a daily basis. I mean, Trump is sued abc, cbs, NBC, New York Times, Wall Street Journal for billions of dollars. Then he uses the government, like the Federal Communications Commission, to shake them down for a settlement, and he's pocketed millions and millions of dollars for him or for his personal library. Yeah, that's just outrageous. In these utterly frivolous, empty lawsuits that normally would get somebody sanctioned in court for bringing this nonsense. Bringing a lawsuit against 60 Minutes because he didn't like the way they edited an interview with Kamala Harris. I mean, I don't like the way that Fox News edits the interviews with Donald Trump to make him look good. I don't have a cause of action against them. That's not libel against me. That's not a fraud against me. That's an exercise of their First Amendment expression to edit their interviews the way that they like.
Jane Coston
But.
Jamie Raskin
But the rest of the country can see this is like an utterly double system of justice. It's all organized to give Donald Trump what he wants.
Jane Coston
I wanna turn to another big issue. There's a government shutdown coming. It seems very clear to me, and I think that, in my view, it seems like the roles are reversed here. A little bit contrary to how things usually go. It's Republicans who are pushing for a short term funding plan to keep the government running while Democrats are holding out over health care and a bunch of other issues. But can you explain the Democrats position on this? And.
Jamie Raskin
What are we doing if they need our support? We say, great, let's do what we've always done. Let's engage in reasonable, bipartisan compromise. We want to start with restoring the healthcare of the people. 15 million people would be losing Medicaid health insurance under what they just did with their big, monstrous, terrible bill. Right. And we want to protect the Affordable Care act tax credits that millions of Americans depend on. So let's talk about that and then we can move forward. Well, no, they won't talk about it. Trump literally canceled a meeting.
Jane Coston
Right.
Jamie Raskin
That he had scheduled.
Jane Coston
Yeah. Because he was like, oh, these radical leftists, like, which I'm like, radical leftists like Hakeem Jeffries.
Jamie Raskin
Well, our leadership continues to be fighting to restore healthcare to, to the American people and saying, we're perfectly happy to bail you out of your situation if you are willing to save the American people from the wreckage you're about to impose on them.
Jane Coston
Are Democrats willing to risk a shutdown knowing that the White House is going to put out God knows what about how they're gonna mass fire even more people? They're going to blame Democrats for this. Speaker of the House Mike Johnson is probably going to say something ridiculous. Are Democrats willing to risk that shutdown over healthcare subsidies?
Jamie Raskin
The fact that the government shuts down does not give the Trump administration any more rights to fire anybody. The civil service protections that exist still exist right through the weekend and right through a government shutdown, so they don't get a whole new panoply of powers to do that. So we're gonna stand very strong for the rights of the federal workers and for the rule of law and also for the American people who have a right to the benefit of the statutory programs that Congress has enacted.
Jane Coston
So it sounds like you are willing to risk a shutdown.
Jamie Raskin
Oh, I mean, yes, we are willing to risk it for the good of the American people, for the healthcare of the American people, because they are savaging it right now. We don't wanna shut the government down. We want the government to be open and we want them to stop dismantling the government. That's what we've been fighting for every day. So I'm not feeling good about the fact that Trump canceled the meeting that was scheduled with Hakeem Jeffries and Senator Schumer. You know, they obviously are the ones who are in control of the House, the Senate, the White House, and they're the ones who seem to be driving us over the cliff of a shutdown right now.
Jane Coston
I want to get to something else, because I think that it's always challenging because there's obviously health care and talking about the economy and talking about how tariffs are screwing people over. But at the same time, we are witnessing the persecution of Trump's political enemies. You know, the president has been very clear that he's very upset. The Department of Justice has not filed charges against people like New York Attorney General Letitia James or former FBI Director James Comey. And in fact, Trump just fired the prosecutor who had been handling those cases. Now there's a new lawyer in charge who has never prosecuted a case. And at the time we are recording this conversation, there's talk Comey could be indicted any day now. So what do you make of all of this? Because it seems so obvious, and something that really gets me about Trump is that he's not doing this in secret or under the table. He's posting about it constantly. One, what do you make of these efforts to basically use lawfare against his enemies? And also, is that how he keeps kind of getting away with it with the American people?
Jamie Raskin
Well, he might be getting away with it with some parts of the American people still, because they assume just because he's doing it in public, well, it must be, okay, well, you know, you can rob a bank in broad daylight. It doesn't make it legal to rob a bank. So he is trampling the law and committing crimes and committing violations of the Constitution routinely, on a daily basis. And, no, it does not sanitize it or rehabilitate it just because he's letting people know. Sometimes he lets people know by accident. It looked like he was sending a message, trying to send a message directly to Bondi, saying, well, we've got to go ahead and prosecute.
Jane Coston
Because I've seen posts that was the thing like, oh, it's not based on this evidence. It was like, people are complaining on the Internet. And now I'm sad, too.
Jamie Raskin
Right. Well, but. But he will likely be sabotaging all of these prosecutions because it's making it very clear that they are vindictive and they are selective prosecutions.
Jane Coston
I. I just. I have to know, are you concerned, as a vocal opponent of what the president has been doing, what the Trump administration has been doing? Are you concerned about lawfare being used against you?
Jamie Raskin
Let me start this way. I am definitely worried about the corruption of the government and the selective and vindictive and political use of prosecution and investigation against people. And we're seeing it happen every single day now, including apparently against Mr. Comey and, you know, against my colleagues, Monica McIver from New Jersey, who's facing 17 years in prison, against Adam Schiff, who managed the first impeachment trial against Donald Trump. I managed the second impeachment trial. So obviously all of us are concerned, but we can't operate out of fear. That's what authoritarians want us to do, to be intimidated, to be cowed and to act in a fearful way.
Jane Coston
To submit in advance.
Jamie Raskin
Yeah, they want us to submit in advance and to hide. And I just can't do that. I won't do that. You know, I love our country. I love our Constitution, I love the people of America. And we deserve a hell of a lot better than this. Everything we believe in is under attack. The rule of law is under attack. Justice is under attack. Democracy is under attack. The Constitution's under attack. And we're in the fight of our lives. And we need everybody to act with as much, as much courage as we can summon up.
Jane Coston
Congressman Raskin, thank you so much for joining me.
Jamie Raskin
Thanks for having me.
Jane Coston
That was my conversation with Maryland Democratic Representative Jamie Raskin. Just a note here. We talked on Thursday before the Department of Justice announced the indictment of former FBI Director James Comey for allegedly making false statements and obstruction of Congress. Comey said in response, quote, my heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I'm innocent. We'll get to more of the news in a moment, but if you like the show, make sure to subscribe. Leave a five star review on Apple Podcasts. Watch us on YouTube and share with your friends. More to come after some ads. What a day is brought to you by Bombas. Fall's here, kids are back in school, vacations are over, and cozy season is officially on. You know what that means. Bomba season is also on. Bombas makes the most comfortable socks and slippers, all crafted from premium materials, perfect for this time of year. What to love about Bombas? Absurdly comfortable materials like merino wool to keep you warm or cool supima cotton that's soft and strong and classic ragwool for that cozy fall vibe. Bombas is also now known for their slippers and slides from Sherpa lined Sunday slippers for staying in to do it all Eva Friday slides on the go. Bombas has it all. And the best part, every item you buy means one donated to someone experiencing homelessness. Over 150 million items so far. And with their happiness guarantee, if you're not 100% into what you got, they'll make it right. No risk, all reward. Because Bombas truly does make the best socks. Head over to bombas.comday and use code day for 20% off your first purchase. That's B O M b-s.com day code day at checkout.
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Jane Coston
Here's what else we're following today. Head of lines.
Donald Trump
But when I was in exile, we were still friends. That's always a good way to find out, test of friendship. But he's a highly respected man. He's respected very much in his country and all throughout Europe and throughout the world where they know him. He's built a tremendous military, powerful military, uses a lot of our equipment, and it's an honor to have him at the White House.
Jane Coston
President Trump met with Turkish President Recep Erdogan on Thursday. And let's just stop there for a second because one, what does Donald Trump think exile is? And two, the whole Erdogan is loved and respected around the world thing. This is a man who for years has been cited for numerous human rights violations, regularly punished perceived government critics, and exerted broad control over the media, the courts and, oh, I get it now. The meeting was an opportunity for Erdogan to receive a warmer welcome after essentially being frozen out of Washington for the last four years.
Donald Trump
So this is a tough man. This is a, a guy who's highly opinionated. Usually I don't like opinionated people, but I always like this one. But he's a tough one and he does an amazing job in his country.
Jane Coston
Anyway, as for what was actually discussed in the meeting between the two leaders, Trump asked Turkey to stop buying oil from Russia, at least until Russian President Vladimir Putin stops attacking Ukraine. Remember, as of several days ago, Trump is Team Ukraine now. The pair also spoke about the potential for the US to resume selling advanced military aircraft to Turkey. That's something that hasn't happened since 2019, when American officials banned sending the country fighter jets because they were worried about Turkey's use of Russian technology, which they believed could be a potential security risk for US Data. Erdogan, for his part, said that he was, quote, very pleased to be returning to the White House and hope to improve the Turkey US Relationship. The Trump administration is preparing to lay off more federal workers if the government loses its funding and shuts down on October 1, which is next week. Usually non essential government workers are furloughed during shutdowns. When the government reopens, they're normally brought back to work and paid for the weeks they missed. But on Wednesday night, the Office of Management and Budget sent out a memo directing agencies to consider permanently reducing their workforces if a federal spending deal is not reached. The memo told agencies to look at employees in programs, projects or activities that aren't, quote, consistent with the president's priorities and also have discretionary funding set to lapse on October 1st with no other available sources of funding. These notices would be sent on top of any typical furlough notices related to the shutdown. But if the government doesn't shut down, those steps won't be necessary, according to the memo. How kind of them. Even with these threats, Democrats aren't backing down. Senate Minority Leader Chuck Schumer released a statement calling the memo an attempt at intimidation. And shortly after, House Minority Leader Hakeem Jeffries had this to say.
Jamie Raskin
The Trump administration has made their intentions clear. They want to continue to fire.
Jane Coston
Civil.
Jamie Raskin
Servants who are hardworking American taxpayers because.
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Throughout the year they've been firing civil.
Jamie Raskin
Servants who are hardworking American taxpayers.
Jane Coston
According to Politico, Democrats are set to meet today for last minute talks ahead of the potential shutdown next week.
Mahmoud Abbas
I speak to you today after almost two years in which our Palestinian people in the Gaza Strip have been facing a war of genocide, destruction, starvation and displacement waged by the Israeli occupation forces.
Jane Coston
Palestinian Authority President Mahmoud Abbas spoke through an interpreter over video at the United Nations General assembly on Thursday. He did not physically attend the gathering in New York because the United States denied his visa. In his speech to world leaders, Abbas condemned Israel's actions in Gaza.
Mahmoud Abbas
It is a war crime and a crime against humanity that is both documented and monitored, and it will be recorded in history books and the pages of international conscious as one of the most horrific chapters of humanitarian tragedy in the 20th and 21st centuries.
Jane Coston
Abbas also said that his people reject the October 7 Hamas attack on Israel and pledged the militant group would have no role in governing the Gaza Strip after the war ends. He also laid out his continued vision for a Palestinian state in the west bank in Gaza alongside Israel and said, quote, we will not leave our homeland. Several countries have recently recognized Palestinian statehood, including France, Canada and Australia, but the Israeli government has rejected the creation of a Palestinian state, with some members of that government pushing to annex the occupied west bank, where Abbas's authority currently oversees small pockets of territory. Israeli Prime Minister Benjamin Netanyahu is set to give his own speech to the UN General assembly in person today. In a rare and highly unusual move, Defense Secretary Pete Hegseth has reportedly summoned hundreds of top military officers to a base in Northern Virginia for an urgent yet unspecified meeting September 30th. That's according to the Washington Post, based on information from over a dozen people familiar with the matter. So why a sudden meeting and what for? Well, that remains somewhat of a mystery to everyone, the Post reports. The summons has sowed confusion and alarm among the ranks, as well as fear that they could be next to lose their jobs in the wake of the Trump administration's firing of many senior military leaders this year. But Vice President J.D. vance said in a press conference Thursday that everyone just needs to chillax.
Jamie Raskin
It's actually not unusual at all, and I think it's odd that you guys.
Jane Coston
Have made it into such a big story. We're not being weird, you're being weird, he said. Weirdly, some of Hegseth's opponents are also raising red flags about the safety of bringing approximately 800 top military generals and admirals from all over the world to one meeting, one source told the Post. People are very concerned. They have no idea what it means, another US Official said. All of it is weird. But again, the Trump administration would like to emphasize that this is a totally normal and in fact, awesome idea.
Donald Trump
I think it's great when generals and top people want to come to the United States to be with our now called Secretary of War. Does everybody like the name?
Jane Coston
I do two things. One, want to and two, yeah, it's just you and that's the news before we go. It's sickening how men's preferences keep getting prioritized over women's needs. Case in point, Kentucky's 5050 custody law. And Erin and Alyssa are breaking down how it's related to plunging divorce rates. This week on Hysteria. They also unpack the harm in Trump's so called autism announcement and dig into Candace Owens, ultra conservative, racist and a total maniac past and present. Tune into this week's hysteria wherever you get your podcasts or watch on YouTube. That's all for today. If you like the show, make sure you subscribe, leave a review Read Bloomberg is reporting on more than 18,000 new emails recovered from Jeffrey Epstein's email account that show man, lots of people really sucked up to that asshole. And tell your friends to listen. And if you're into reading, not just about how Epstein had a lot of questions for very important people about how to get out of sex trafficking charges and whether or not he could get into, quote, re engineering humans like me. What a Day is also a nightly newsletter. Check it out and subscribe@crooked.com subscribe I'm Jane Coston and seriously, read this piece and think to yourself, what in the entire hell was wrong with these people? What a Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producer is Emily Foer. Our video editor is Joseph Dutra. Our video producer is Johanna Case. We have production help today from Greg Walters, Matt Berg, Megan Larson, Gina Pollack, and Jonah Eatman. Our senior producer is Erica Morrison and our senior Vice president of news and politics is Adrienne Hill. We had help today from the Associated Press. Our theme music is by Colin Gilliard and Kashaka. Our production staff is proudly unionized with the Writers Guild of America East.
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Hey, love your shoes. If you're hearing this, this is your sign to try those on. Trust us, you can totally pull them off. In fact, try on every shoe here if you want. We won't stop you in our house, you've got unlimited freedom to play. And hey, fall is the perfect season to do wear. Be whatever you want. And with tons of shoes that get you at prices that get your budget, we'll give you something to brag about. So go ahead, try them on. Let us surprise you.
Date: September 26, 2025
Host: Jane Coaston
Main Guest: Rep. Jamie Raskin (D-MD)
This episode dives deep into the escalating free speech battles under the Trump administration, the looming government shutdown, and the Democratic Party’s stance on both issues. Jane Coaston interviews Rep. Jamie Raskin for insight into congressional strategy, the weaponization of legal tools (“lawfare”) against political opponents, and personal reflections on what it means to be targeted in today’s political climate. The episode also touches on global affairs—especially U.S.–Turkey relations and the ongoing Israel–Palestine conflict—while critiquing how power is wielded at the highest levels.
Jimmy Kimmel’s Suspension and Reinstatement
Kimmel’s show was briefly pulled after making a controversial comment about MAGA reactions to a conservative activist’s murder, following FCC pressure. Trump threatened to sue ABC over Kimmel’s return.
Coaston frames this as part of a broader assault on free speech, not just about one comedian ([00:02]–[02:54]).
“The entire administration is operating in a way to violate the free speech rights of their opponents.”
—Rep. Jamie Raskin [02:54]
Erosion of Basic Freedoms
Raskin cites chilling examples:
He criticizes the use of lawsuits and FCC pressure to intimidate media.
“Trump is sued ABC, CBS, NBC, New York Times, Wall Street Journal for billions of dollars. Then he uses the government, like the FCC, to shake them down for a settlement.”
—Rep. Jamie Raskin [03:38]
“Bringing a lawsuit against 60 Minutes because he didn’t like how they edited an interview with Kamala Harris… That’s an exercise of their First Amendment expression.”
—Rep. Jamie Raskin [04:08]
Role Reversal: Dems Dig In
Coaston notes that, unlike past fights, Democrats are holding out—over healthcare and ACA tax credits—while Republicans propose stopgap measures ([04:50]–[05:55]).
“We want to start with restoring the healthcare of the people. 15 million people would be losing Medicaid … and we want to protect the Affordable Care Act tax credits.”
—Rep. Jamie Raskin [05:21]
Trump canceled meetings with Dem leaders, making negotiations harder.
Are Dems Willing to Risk a Shutdown?
Coaston presses Raskin: can Dems really risk being blamed for a shutdown?
Raskin insists Dems will risk it for Americans’ healthcare and will not yield to intimidation about mass firings or political blame ([06:22]–[07:13]).
“We are willing to risk it for the good of the American people, for the healthcare of the American people, because they are savaging it right now. We don’t want to shut the government down... But we want them to stop dismantling the government.”
—Rep. Jamie Raskin [07:13]
Targeting Trump’s Foes
Coaston highlights recent aggressive actions by the Trump DOJ:
“He is trampling the law and committing crimes and committing violations of the Constitution routinely, on a daily basis.”
—Rep. Jamie Raskin [08:54]
“You can rob a bank in broad daylight. It doesn’t make it legal.”
—Rep. Jamie Raskin [08:54]
Is Speaking Out Dangerous?
Coaston asks if Raskin personally fears being the next target.
Raskin admits concern but refuses to be cowed by authoritarian intimidation ([09:50]–[11:00]).
“We can’t operate out of fear. That’s what authoritarians want us to do, to be intimidated, to be cowed...”
—Rep. Jamie Raskin [10:03]
“Everything we believe in is under attack. The rule of law is under attack. Justice is under attack. Democracy is under attack. The Constitution’s under attack. And we’re in the fight of our lives.”
—Rep. Jamie Raskin [11:00]
Trump hosts Turkish President Erdogan, calling him “respected” and “a tough man,” ignoring human rights controversies ([14:34]–[15:33]).
“He’s a highly respected man. ... He’s built a tremendous military, powerful military ... It’s an honor to have him at the White House.”
—Donald Trump [14:34]
Main topics: Urging Turkey to stop buying Russian oil, discussing resumption of arms sales. Coaston gives context on Erdogan’s authoritarian record.
“The Trump administration has made their intentions clear. They want to continue to fire civil servants who are hardworking American taxpayers...”
—Jamie Raskin, quoting Hakeem Jeffries [17:37]
Palestinian Authority President Mahmoud Abbas denounces Israeli actions in Gaza as “war crimes” and calls for Palestinian statehood.
U.S. denied him a visa to attend in person ([18:07]–[19:07]).
“It is a war crime and a crime against humanity ... one of the most horrific chapters of humanitarian tragedy ...”
—Mahmoud Abbas (via interpreter) [18:44]
Defense Secretary Pete Hegseth summons hundreds of military officers for a mysterious emergency meeting, fueling speculation and concern ([19:07]–[21:13]).
“People are very concerned. They have no idea what it means. All of it is weird.”
—US Official (quoted by Jane Coaston) [20:31]
“We’re not being weird, you’re being weird, he said. Weirdly.”
—Jane Coaston on VP J.D. Vance’s ‘chillax’ response [20:33]
Free Speech & Lawfare
Dem Shutdown Stance
Standing Up Despite Threats
On the State of Democracy
This episode paints a picture of heightened political tension, with Democrats newly resolved to take a stand—at the cost of a possible government shutdown—on core social spending and the defense of constitutional rights. Jamie Raskin, the focal guest, squarely blames the Trump administration for using both the legal system and the levers of federal power to persecute critics and chill dissent. The episode closes on a note of caution and resolve: Raskin urges courage and public vigilance amid what he calls “the fight of our lives” for American democracy.