Fed Versus Blue

Summary

What A Day: "Fed Versus Blue" (October 7, 2025) — Detailed Summary

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Episode Overview

In this episode, host Jane Coaston delves into the escalating standoff between President Donald Trump and major U.S. cities over his repeated deployment and federalization of the National Guard, particularly in Democratic-led cities that oppose his administration's policies. Jane explores the legality, precedent, and wider implications of these actions with constitutional law expert Elizabeth Goitein. The episode also features updates on the ongoing government shutdown, developments in the Israel-Hamas ceasefire negotiations, the Ghislaine Maxwell Supreme Court case, and the phenomenon of manufactured outrage in MAGA circles.

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Main Theme

Federal Power vs. Blue Cities: Trump and the National Guard
Jane investigates President Trump’s ongoing attempts to send National Guard troops into cities such as Portland and Chicago over local and state objections, raising questions about states’ rights, the limits of federal authority, and what this precedent might mean for American democracy.

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Key Discussion Points & Insights

1. Trump’s Attempts to Federalize the National Guard

• Overview: Trump repeatedly claims that blue cities like Portland and Chicago are unsafe and that their leaders are "scared," justifying his push to federalize and deploy the National Guard even when governors and mayors object ([01:01], [01:26]).
  • Quote (Trump, 01:01): “I believe that the Portland people are scared. You look at what's happened with Portland over the years, it's a burning hellhole.”
  • Quote (Trump, 02:04): “I believe that Pritzker and this mayor of Chicago ... they're afraid. They're scared for their lives.”
• Federal judges have blocked some of these troop deployments (e.g., California Guard to Portland), while others have allowed them (e.g., Texas Guard to Chicago) despite claims of an “unconstitutional invasion” ([01:19]–[02:20]).

2. Local Opposition & the View from Chicago

• Jane shares an interview with Chicago Mayor Brandon Johnson, who rebuffs Trump’s claims that city leaders are "scared" and characterizes the federal interventions as authoritarian ([02:29]).
  • Quote (Johnson, 02:29): “I'm not intimidated. I'm not going to cower. ... I warned people that President Trump and the extreme right in this country have not accepted the results of the Civil War, and they have desperately wanted a rematch.”
  • Analysis (Jane, 03:01): Jane labels the situation as “absolutely fucking bonkers,” highlighting the unprecedented scale and intent behind these deployments.

3. Legal and Historical Context with Elizabeth Goitein ([03:32]–[14:17])

• Role and Limits of the National Guard ([03:57]):
  • Normally state-controlled unless federalized during emergencies.
  • The Posse Comitatus Act bars federal troops from direct law enforcement, except under strict exceptions.
  • Use of Guard for routine crime control is "unprecedented" in past presidencies.
  • Quote (Goitein, 03:57): “When the National Guard is called into federal service, it is subject to the Posse Comitatus Act...a lot of what the National Guard was doing in Los Angeles...was a violation of the Act.”
• Training & Practical Issues ([06:08]):
  • The Guard is not trained for everyday policing; using them for this is inefficient and costly.
  • Quote (Goitein, 06:08): “National Guard forces are not trained in municipal policing. So they're being asked to do something they're not qualified to do, so they're not going to do it as well, and it's going to be a lot more expensive.”
• Precedent for Deploying Against State Wishes ([06:37]):
  • Only used against states’ wishes during civil rights era to force desegregation or protect civil rights when local authorities failed.
  • *Quote (Goitein, 06:37]): “Outside of civil rights era reconstruction ... when the Guard has been federalized ... it's been a situation where state and local law enforcement were completely overwhelmed ... and the state asked for help.”
• Statutory Limits ([07:32]):
  • The President cannot unilaterally call up the Guard without meeting strict statutory requirements (e.g., 10 USC 12406). Recent judicial rulings have called out Trump’s justifications as factually unsupported.
  • Quote exchange (Coston [07:32] / Goitein [07:32]):
    • Jane: “...the President has the right to call up the National Guard... Is that true?”
    • Goitein: “No. He has to have statutory authority ... He can't just snap his fingers and do it because he wants to.”
• Blue City, Red State Complications ([08:25]):
  • Even with cooperation from red-state governors, deploying the Guard in blue cities for “crime control” is legally dubious and sets a troubling precedent.
  • Quote (Goitein, 08:48): “It is a violation of the principles underlying the Posse Comitatus Act ... the military should not be used as a domestic police force.”
• Historical Patterns: Authoritarian Tendencies ([09:49], [10:31]):
  • Jane and Elizabeth draw parallels with El Salvador, the Philippines, and China—where “crime” is often used as a pretext for military crackdowns and curtailment of rights.
  • Quote (Goitein, 10:31): “I don't think any of us would want to live in El Salvador right now ... Maybe the gangs are gone, but you have no constitutional rights anymore...”
  • The effect is often to make people feel less safe and to chill the exercise of rights, with negative economic and social impacts.
• Advice to Cities and Citizens ([11:40]):
  • Protesters should stay peaceful to avoid giving excuses for federal intervention, and everyone should bear witness to challenge federal narratives.
  • Quote (Goitein, 11:51): “If you're going to protest ... do it peacefully in order to not give the administration any excuse... The other thing is bear witness ... monitor what's happening on the ground so that there is some kind of factual basis to push back.”
• Anticipated Legal Fights ([13:36]):
  • Ongoing lawsuits are likely to reach the Supreme Court and may force the Court to clarify the limits of federal military power domestically.
  • Quote (Goitein, 13:42): “...if the President keeps pushing the use of the military in American cities ... this is going to go up to the Supreme Court ... that's how this ends, most likely.”

4. Other News Highlights

• Government Shutdown & Health Care Negotiations ([17:06]):
  • Trump suggests he’s open to a health care deal with Democrats, but then immediately undercuts it.
  • WIC (Women, Infants, and Children food aid) program in danger as shutdown continues.
• Israel-Hamas Ceasefire Efforts ([18:15]):
  • On the two-year anniversary of October 7, new high-stakes ceasefire negotiations are underway.
  • Trump presents a 20-point peace plan, with mutual prisoner exchanges and hostilities to end, though much remains up in the air.
  • Quote (Trump, 19:23): “I mean, you see in Israel, tens of thousands of people, they really want the hostages back and they really want things to end. And I think Hamas now has been ... they've been fine.”
• Ghislaine Maxwell Supreme Court Appeal Rejected ([19:43]):
  • Supreme Court denies appeal from Maxwell, convicted sex trafficker and Jeffrey Epstein collaborator.
  • Trump remains non-committal and evasive about granting her a presidential pardon, showing disregard for the gravity of her crimes ([20:37]–[21:09]).
  • Quote (Trump, 21:01): “Yeah, I mean, I’m going to have to take a look at it and have to ask doj. I didn’t know they rejected it...”
  • Jane: “I really think convicted child sex trafficker should be an automatic no for a pardon. But I'm not Donald Trump.” ([21:09])
• Consolidation of Federal Agency Leadership ([21:09]):
  • Social Security Administration commissioner Frank Bisignano promoted to CEO of the IRS—a new, unprecedented role that raises concerns about capacity and accountability.
  • Quote (Jane, 21:09): “This puts Bisignano in charge of America's Retirement System and its revenue collection agency, making him the first living embodiment of both death and taxes.”

5. MAGA Outrage Culture & Manufactured Controversy ([23:43]–[25:56])

• Jane riffs on the recurring theme of the "MAGA Anger Industrial Complex,” lampooning how right-wing outrage targets everything from Super Bowl halftime shows (with Bad Bunny) to animated candies’ supposed lack of sex appeal, despite their overwhelming control of government.
  • Quote (Jane, 23:43): “So it feels to me like the MAGA anger industrial complex lacks something critical ... anything real to be mad about.”
  • Quote (Tucker Carlson via Trump, 24:04): “[Brown M&M] has transitioned from high stilettos to lower block heels. Also less sexy. That's progress. M&M's will not be satisfied until every last cartoon character is deeply unappealing.”
  • Jane critiques the contrast between “manufactured” conservative grievances and legitimate threats to civil liberties posed by Trump’s use of state violence.
  • Quote (Jane, 24:26): “I have never wanted to have a drink with an Eminem, but I’m a liberal.”

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Notable Quotes & Moments with Timestamps

• “I think we can agree that all of this is absolutely fucking bonkers.”
  — Jane Coaston ([03:01])
• “My position has been clear from the very beginning. ... They have clearly declared war on the people of Chicago. And we're going to stand up and resist this authoritarian rule.”
  — Mayor Brandon Johnson ([02:29])
• “The President cannot just snap his fingers and do it because he wants to.”
  — Elizabeth Goitein ([07:33])
• “I don't think any of us would want to live in El Salvador right now ... Maybe the gangs are gone, but you have no constitutional rights anymore.”
  — Elizabeth Goitein ([10:31])
• “I really think convicted child sex trafficker should be an automatic no for a pardon. But I'm not Donald Trump.”
  — Jane Coaston ([21:09])
• “So it feels to me like the MAGA anger industrial complex lacks something critical ... anything real to be mad about.”
  — Jane Coaston ([23:43])

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Key Segments & Timestamps

• French PM Joke & Trump Intro — [00:02–01:01]
• Trump on Portland & Chicago / Mayoral Response — [01:01–03:01]
• Elizabeth Goitein Interview: National Guard Legality — [03:32–14:17]
• Government Shutdown & Health Care — [17:06–18:15]
• Israel-Hamas Ceasefire Updates — [18:15–19:43]
• Maxwell Supreme Court & Pardon Discourse — [19:43–21:09]
• Consolidating Federal Leadership (SSA/IRS) — [21:09–23:00]
• MAGA Manufactured Outrage — [23:43–25:56]

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Tone & Style

The episode is analytical, brisk, and sharply irreverent—true to the host’s voice. Jane Coaston does not shy from calling actions “bonkers,” and uses humor and biting asides to highlight the absurdity and danger of both executive overreach and invented political outrage.

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Conclusion

This episode of "What A Day" delivers an incisive examination of President Trump’s aggressive use of federal power against blue cities, grounding the current crisis in legal precedent and international context. Elizabeth Goitein’s expertise spotlights how these moves break with American tradition and the dangerous authoritarian tendencies beneath. Jane Coaston’s tone blends dark humor with urgent analysis, skewering both the spectacle of government overreach and the manufactured drama of the MAGA outrage machine.

For listeners wanting a clear, candid, and comprehensive breakdown of one of America’s defining political showdowns, this episode is essential.

Transcript

[Jane Coston]

It's Tuesday, October 7th. I'm Jane Coston, and this is what a day. The show that would like to congratulate French Prime Minister Sebastien Lecournu on no longer being the prime minister of France. He was appointed to the job less than a month ago. He formed a cabinet on Sunday, and on Monday, he quit. The French really take not wanting to do terrible jobs seriously. On today's show, President Dawson Donald Trump says he's going to, quote, take a look at a pardon for a convicted child sex trafficker. And he's got the time as the federal government shutdown continues with no end in sight. But let's start with the National Guard. Specifically, Trump's efforts to federalize the National Guard and send troops to cities that oppose his policies. Cities like Portland, Oregon, for example. Here's Trump on Monday, again responding to a judge he appointed who blocked his effort to send the National Guard to Portland in response to protests against Immigration and Customs Enforcement.

[Donald Trump]

I believe that the Portland people are scared. You look at what's happened with Portland over the years, it's a burning hellhole. And then you have a judge that lost away, that tries to pretend that like there's no problem.

[Jane Coston]

On Sunday night, that same judge also stopped the Trump administration from sending National Guard troops from California to Portland. And of course, we can't forget about.

[Donald Trump]

Chicago, the people of Chicago. So you have black women with MAGA hats on in Chicago all over the place. They want the Guard to come in, or they don't care who comes in. They just want to be safe.

[Jane Coston]

Let's stay with Chicago for a second. On Monday, a federal judge declined to stop the Trump administration from deploying members of the Texas National Guard to the Midwestern city over the express objections of Illinois Democratic Gov. J.B. pritzker, who called the move a, quote, unconstitutional invasion. But according to Trump, the National Guard is necessary because Pritzker and Chicago Mayor Brandon Johnson are just terrified of something.

[Donald Trump]

I believe that Pritzker and this mayor of Chicago that like to say about, we have it, they don't have it under control. Not only is it not under control, it's the opposite. And I believe they're afraid. They're scared for their lives.

[Jane Coston]

But Crooked Media's Matt Berg spoke to Mayor Johnson on Monday. Here's Johnson's response as to whether or not he's, quote, scared for his life by his own city.

[Donald Trump]

I'm not intimidated. I'm not going to cower. I'm not going to bend or break. My position has been clear from the very Beginning, in fact, if you go back and look at footage from a couple of years ago, I warned people that President Trump and the extreme right in this country have not accepted the results of the Civil War, and they have desperately wanted a rematch. And they have clearly declared war on the people of Chicago. And we're going to stand up and resist this authoritarian rule.

[Jane Coston]

I think we can agree that all of this is absolutely fucking bonkers. The President of the United States wants to send a National Guard to US Cities to fight, quote, crime, while arguing that he knows those cities better than their own leadership and that their own leaders must be scared. So to talk more about the legality or lack of said and context for sending the military into our own cities, I spoke to Elizabeth Goytin. She's a senior Director of the Liberty and National Security Program at the Brennan center for justice at NYU Law. Elizabeth, welcome to Whataday.

[Elizabeth Goitein]

Thanks so much for having me.

[Jane Coston]

Since June, the President has activated the National Guard in multiple cities across the U.S. los Angeles, Washington, D.C. memphis, Portland, Chicago, and soon potentially New Orleans. Now, can you give me a quick overview of what a National Guard deployment looks like in practice? How is this different from local policing? What can the National Guard do that police can't do and vice versa?

[Elizabeth Goitein]

Such a good question. Ordinarily, the Guard is a state entity that operates under the governor's command and control and can be called into state active duty status. That is the normal sort of state of affairs for the National Guard. So when the National Guard is called into federal service, it is subject to the Posse Comitatus act, and that is a law that prohibits federal armed forces from participating in law enforcement activities. As a general matter, subject to statutory exceptions. Law enforcement activities has been defined fairly broadly by the courts to include any sort of exercise of power over civilians that is compulsory in nature. To sort of put a finer point on it, it's been interpreted to include things like crowd control or even traffic control. So basically, a lot of what the National Guard was doing in Los Angeles as a district court judge there held, was a violation of the Posse Comitatus Act. Now, when the National Guard has not been federalized, it is not subject to the Posse Comitatus Act. However, it is still extremely unusual for states to use them for law enforcement purposes in the sense of sort of routine crime control. They are occasionally activated by the governor to, to respond to extreme forms of civil unrest. But what we're seeing in terms of governors deploying their National Guard forces at the request of the President for crime control really is Unprecedented in the past nine presidencies, not including Trump won. The presidents have deployed the military for this purpose of either quelling civil unrest or enforcing the law a grand total of two times. And we've now had President Trump either deploying or authorizing the deployment or requesting the deployment of troops five times and counting in the less than nine months that he's been in office. So this is wildly out of step with American traditions and principles.

[Jane Coston]

So just to go back, what can the National Guard do that cops can't do? And what can cops do that the National Guard can't do?

[Elizabeth Goitein]

Really, this is trying to fit a square peg into a round hole in the sense that National Guard forces are not trained in municipal policing. So they're being asked to do something that they're not qualified to do, so they're not going to do it as well, and it's going to be a lot more expensive.

[Jane Coston]

So right now, President Trump is activating the National Guard in states against those states governors wishes, which is why we've seen so many lawsuits coming out of these deployments. Have we ever seen that before?

[Elizabeth Goitein]

We have seen that, for example, during the civil rights era, in cases where the state itself was obstructing federal law, federal civil rights law, federal court orders, or was refusing to protect civil rights marchers and African Americans against violence. However, outside of civil rights era reconstruction, where the state itself was really the bad actor, when the Guard has been federalized or when active duty forces have been deployed in these kinds of civil unrest situations, it's been a situation where state and local law enforcement were completely overwhelmed, acknowledged they were overwhelmed, and the state asked for help.

[Jane Coston]

So going to that point, just yesterday, Press Secretary Caroline Levitt said, quote, the President has the right to call up the National Guard in cases where he deems it appropriate. Is that true? Okay.

[Elizabeth Goitein]

No.

[Jane Coston]

No.

[Elizabeth Goitein]

He has to have statutory authority to call up the National Guard. He can't just snap his fingers and do it because he wants to. And the statutes that permit federalization of the National Guard have requirements that need to be met. And what the judge found in Oregon, for example, was that the criteria for deploying the Guard under the law that President Trump was relying on, which is 10 USC 12406, I wish it had a catchy name, but it doesn't. He had to show, the administration had to show that the President was unable, with the regular forces, basically with civilian authorities, to execute the laws of the United States. And what the judge found was even giving a lot of deference to the President's judgment and assessments here. His determination that he had to deploy the National Guard to execute the law was untethered to the facts.

[Jane Coston]

Now, the governors of Tennessee and Louisiana are working with the Trump administration to deploy the National Guard. But I still feel very concerned about this because, again, these are two red states dealing with two blue cities. This still feels as if the National Guard is being deployed against a populace that doesn't agree with the state's politics.

[Elizabeth Goitein]

Yeah, I mean, it's differently concerning.

[Jane Coston]

Right.

[Elizabeth Goitein]

But it's concerning for the reasons that you say it's concerning because even though the Posse Comitatus act doesn't technically apply, it is a violation of the principles underlying the Posse Comitatus act, which is that the military should not be used as a domestic police force. And also in Tennessee, there are some real issues with state law, because state law in Tennessee limits the deployment of the National Guard for these kinds of purposes, law enforcement purposes, basically, to certain emergencies. And there is a very strong case to be made that the use of the National Guard for crime control in Memphis is not permitted under state law. So there are legal questions as well as just concerns about the precedent of a governor using National Guard forces, using the state's military to police citizens in a city that hasn't asked for it and doesn't want it.

[Jane Coston]

I have a broader question for you. I'm curious. What is the history of government officials using crime as a reason to deploy the military to police their own countries? Because I'm thinking about El Salvador, I'm thinking about the Philippines, but it just seems like something where China. Absolutely. Like this is something we've seen in authoritarian regimes across the world.

[Elizabeth Goitein]

Absolutely. Absolutely.

[Jane Coston]

More broadly, what do you think is the attraction of doing so? Because I remember when Duarte first came into power in the Philippines and there were a host of people who were kind of like, well, the gangs are gone. And you see the same thing in El Salvador. People are like, well, the crime rate has dropped precipitously. So I know this seems kind of obvious, but can you lay out the concerns here?

[Elizabeth Goitein]

Well, I don't think any of us would want to live in El Salvador right now.

[Jane Coston]

No.

[Elizabeth Goitein]

Maybe the gangs are gone, but you have no constitutional rights anymore because the constitution has effectively been suspended. And that is the risk, that is the danger that deployment of the military can be used either to actually suppress the rights of the people or just to chill the exercise of those rights. And that effect is real. That is why in D.C. you are seeing lower restaurant attendance, less tourism in D.C. because people actually feel less safe on the streets now rather than more safe. And yes, authoritarian countries around the world have used crime as an excuse. And I would say excuse rather than pretext. Because in El Salvador, for instance, yes, there was so much worse of a crime problem there than in D.C. or Chicago. It was real. But it was nonetheless used as an excuse to consolidate all power, or almost all power in President Bukele and to override the protections of the law and the rights that the people have.

[Jane Coston]

So what should people living in cities where the National Guard is being deployed do? And what can the rest of us who aren't in those cities do to support those folks?

[Elizabeth Goitein]

I mean, I think the most obvious thing that comes to mind is if you're going to protest, and people absolutely should exercise their First Amendment rights and not be intimidated or dissuaded from exercising their First Amendment rights, they need to do it peacefully in order to not give the administration any excuse, any pretext to actually deploy the military. Now, the fact that some protesters might act in ways that are not legal, engage in acts of violence at the fringes of a protest, that does not deprive the entire protest of First Amendment protection. That is the kind of thing that has happened throughout our country's history and that has been handled by civilian authorities. It is the responsibility of civilian, state and local law enforcement in the first instance to deal with civil unrest of that kind. That said, when you see these images of confrontations, and believe me, I know that not all the confrontations are being started by the protesters, but you see those images, it does provide fodder, whether it's in court or declarations in court, or whether it's the way the public feels about this. So people should, as they always should, for any reason, they should act peacefully and lawfully. The other thing they should do is bear witness. I think it's important to monitor what's happening on the ground so that there is some kind of factual basis to push back. If the administration is claiming that a city is war ravaged or besieged when it clearly isn't, or, or situations where confrontation has been started by federal agents themselves.

[Jane Coston]

So we're seeing all sorts of legal challenges here in many places. What do you expect to come out of these challenges?

[Elizabeth Goitein]

I think eventually, if the President keeps pushing the use of the military in American cities, and that certainly seems to be a priority for him, this is going to go up to the Supreme Court, and it's going to be up to the court to decide whether we are going to continue to. To have this vital norm that protects democracy and individual liberty against using the military against the citizens of this country. That's how this ends, most likely.

[Jane Coston]

Elizabeth, thank you so much for joining me.

[Elizabeth Goitein]

My pleasure.

[Jane Coston]

That was my conversation with Elizabeth Goitein, Senior Director of the Liberty and National Security Program at the Brennan center for justice at NYU Law. 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 Whataday is brought to you by Nutrafol. If you're dealing with hair issues like thinning or shedding, but feel totally stuck on what to try next, I get it. There are so many products out there and it's just hard to know which ones actually do anything. That's why I gave Nutrafol a closer look. It's not just hype. It's physician formulated, clinically tested, and even recommended by dermatologists. In fact, Nutrafol is the number one dermatologist recommended hair growth supplement brand trusted by over one and a half million people. Nutrafol is the first and only hair growth supplement to be NSF certified for sport testing against 290 athletic banned substances, toxicology reviews, ingredient testing, label verification, and annual manufacturing facility audits to ensure FDA requirements are met. See thicker, stronger, faster growing hair with less shedding in just three to six months with Nutrafol. For a limited time, Nutrafol is offering our listeners $10 off your first month subscription and free shipping. When you go to nutrafol.com and enter the promo code day, find out why Nutrafol is the best selling hair growth supplement [e-mail], spelled n u t r a f o l.com promo code day that's nutrafol.com promo code day hi, this is Kirsten Gillibrand.

[Elizabeth Goitein]

Your DSCC chair Donald Trump and his MAGA agenda are tearing this country apart. But while Trump attacks our rights and our values, Americans are uniting. We're making our voices heard and in every single state, we are taking a stand. If you're ready to fight with us, sign my petition today to stand up against Donald Trump. Add your [e-mail] fight paid for by dscc dscc.org, not authorized by any candidate or candidates committee.

[Jane Coston]

From the Cascades to PDX to your kitchen, we recycle like we live here. That's why governments, brands and recycling companies are all joining together to bring change to make recycling better, as in trusting that your recyclables end up in the right places to be made into new things and having brands help the cost of recycling. You can find the Latest updates at recycleon.org Oregon From Mount Hood to the bend under your desk, together we can do this. Here's what else we're following today. Head of lines.

[Donald Trump]

And now we have a negotiation going on right now with the Democrats that could lead to very good things. And I'm talking about good things with regard to health care.

[Jane Coston]

Trump spoke from the Oval Office Monday, suggesting he'd be open to striking a deal with Democrats on the health care subsidies central to the government shutdown fight. But this is Trump, so obviously he changed his tune quickly after writing on Truth Social quote, I am happy to work with the Democrats on their failed health care policies or anything else, but first they must allow our government to reopen. In fact, they should open our government tonight. There have been few signs of meaningful negotiations between lawmakers to open the government again. In fact, the Senate struck down partisan bills once again Monday evening. All this chaos distracts from how the shutdown is affecting real people, experts say. One food aid program, the Special Supplemental Nutrition Program for Women, Infants and Children, also known as WIC, will run out of federal money within two weeks unless the shutdown ends. WIC helps more than 6 million low income mothers and young children. If federal dollars run out, states would be forced to use their own money to keep it afloat or risk it closing.

[Elizabeth Goitein]

The president wants to see a ceasefire. He wants to see the hostages released and the technical teams are discussing that as we speak to ensure that the environment is perfect to release those hostages.

[Jane Coston]

White House Press Secretary Caroline Levitt addressed reporters as negotiations for a ceasefire between Israel and Hamas began in Egypt. The talk started Monday. Today marks the two year anniversary of the October 7th Hamas attacks on Israel. Over the weekend, Trump presented a 20 point peace plan and gave Hamas a Sunday deadline to respond. The militant group agreed to parts of the plan before the deadline, saying they'd negotiate the rest this week in Egypt. As of now, the plan includes agreements that all hostilities would end immediately and Hamas would release all hostages living or dead, within 72 hours. In return, Israel would free Palestinian prisoners. As for establishing a long term peace, Hamas would disarm, Israeli troops would withdraw from Gaza, aid would be allowed into the territory and Hamas would begin the process of handing over political control. Trump's plan has received broad international support, though the timing of implementing it all is still up in the air Trump told reporters Monday the negotiations are off to a good start.

[Donald Trump]

I mean, you see in Israel, tens of thousands of people, they really want the hostages back and they really want things to end. And I think Hamas now has been. All I can say is they've been fine. They've been fine. I hope it's going to continue that way. I think it will.

[Jane Coston]

Breaking news. Hamas is fine. The Supreme Court rejected an appeal from convicted child sex trafficker and Jeffrey Epstein collaborator Ghislaine Maxwell on Monday, the first day of its new term. Maxwell's lawyers say she shouldn't have been tried or convicted in the first place for her role in helping Epstein, the financier and convicted sex offender. She's currently serving a 20 year sentence for sex trafficking and conspiring to sexually abuse minors, among other charges. The Supreme Court justices don't usually explain why they turn down cases, but Trump's DOJ had urged them not to take the case. The administration has faced criticism over its refusal to publicly release more investigative files from Epstein's case. With appeal no longer an option, Maxwell's only hope for avoiding prison time is a presidential pardon. And when Trump was asked about her by a reporter Monday, he wouldn't give a clear answer on whether he'd grant her clemency.

[Donald Trump]

I say, well, I'll take a look at it. I will speak to the doj. I wouldn't consider it or not consider it. I don't know anything about it. So. But I'll speak. I will speak to the doj. I don't know. I mean, I'd have to speak to the doj. I'll look at it. I'll. I have a lot of people who have asked me for pardons. I call him Buff. Daddy has asked me for a pardon.

[Jane Coston]

But she was convicted of child sex trafficking.

[Donald Trump]

Yeah, I mean, I'm going to have to take a look at it and have to ask doj. I didn't know they rejected it. I didn't know she was even asking for it.

[Jane Coston]

I really think convicted child sex trafficker should be an automatic no for a pardon. But I'm not Donald Trump. Social Security Administration Commissioner Frank Bisignano just got promoted to a newly created role, CEO of the Internal Revenue Service. CEO, irs. Wtf. This puts Bisignano in charge of America's Retirement System and its revenue collection agency, making him the first living embodiment of both death and taxes. As IRS CEO, Bisignano will report to Treasury Secretary Scott Besant, who said in a statement that the IRS and SSA quote share many of the same technological and customer service goals. He's right, which is why we should just give him a new Cabinet secretary of the Department of Hold Music with two day jobs, Vizignano joins a number of other Trump administration officials to head multiple government agencies at once, including Besant, Secretary of State Marco Rubio and Secretary of Transportation Sean Duffy. Social Security advocates worry that he's stretched too thin, noting that the SSA faces multiple challenges as a result of the Trump administration cutting thousands of jobs at the agency earlier this year. It is unclear whether Bisignano's newly created role at the IRS will require Senate confirmation because honestly, it sounds made up. And that's the news. One more thing. MAGA is mad. Really, really mad. Sure, Republicans have control of Congress, the White House, arguably the Supreme Court, the governor's mansions of 27 states, and they hold the trifecta in 23 states. But Maga is mad. Why? Well, Bad Bunny is going to perform the super bowl halftime show where, according to Georgia Republican Representative Marjorie Taylor Greene, he is expected to force Americans to experience demonic sexual performances. And they're mad that a canceled Netflix show called Dead Paranormal park had a trans character. Elon Musk, the richest person on the face of the earth, is especially furious about this, demanding that Americans cancel their Netflix accounts for hosting a show that was canceled. As I said, the GOP controls the federal government and has total control of nearly half of America's state governments. So it feels to me like the MAGA anger industrial complex lacks something critical to an anger industrial complex. Anything real to be mad about. This isn't new. I mean, who can forget the time? Then Fox News host Tucker Carlson detailed our greatest Crisis Back in 2022, the Lady M and Ms. Just weren't sexy anymore.

[Donald Trump]

The other big change is that the brown MM has transitioned from high stilettos to lower block heels. Also less sexy. That's progress. M and Ms. Will not be satisfied until every last cartoon character is deeply unappealing and totally androgynous. Until the moment you wouldn't want to have a drink with any one of them. That's the goal.

[Jane Coston]

I have never wanted to have a drink with an Eminem, but I'm a liberal. But seriously, think about the biggest musicians in the world right now. Of those people, can you name one who could do the super bowl halftime show without MAGA getting furious? For some reason or another, Kid Rock doesn't count. In 2024, Maga was furious at Taylor Swift with some right wing influencers even inventing a conspiracy theory about how the super bowl would be rigged with Swift's help to assist then President Joe Biden's campaign. Yes, this was a real thing they really thought or performed thinking for reasons, the MAGA Anger Industrial Complex relies entirely on its adherents being mad and just wanting to find something to be mad about. A pop superstar who sings in Spanish M and Ms. Not being sexy Cracker Barrel changing its logo all fuel for the MAGA Anger Industrial Complex. While many of the people within that complex argue that it's liberals who are mad all the time. I mean, yeah, I'd say I'm pretty miffed at the whole wielding the violence of the state against the most vulnerable thing. And the we care so much about stopping sexual abuse until you ask about that famous sexual abuser Trump was friends with and then you're not allowed to talk about it anymore thing. And that deporting people whose takes on another country made us mad thing. But I can say honestly here and now, I have never gotten this mad about the super bowl halftime show.

[Elizabeth Goitein]

Before.

[Jane Coston]

We go vote, Save America is running a first of its kind pilot program to recruit candidates from Arizona, North Carolina and Texas. We're talking school board, city Council, State Legislature races that shape our communities and build the bench for long term Democratic power. Even if you're not from those states, they'll connect you with their incredible national partners at the National Democratic Training Committee and run for something to get you set up and ready to run anywhere in the country. We have already had thousands of people sign up over the past couple of months. VoteSave America is hosting a live call today, Tuesday, October 7th at 5pm Pacific 8pm Eastern Time to welcome new people to the program. Tommy Vitor will be there along with votesave America's partners driving this work to break down what it takes to run and how they will support you every step of the way. If you've ever thought about running, this is where to start. Sign up for the call and learn [e-mail] Run paid for by Vote Save America. Learn [e-mail] this ad has not been authorized by any candidate or candidates committee. That's all for today. If you like the show, make sure you subscribe, leave a review. Congratulate American Airlines on getting rid of bag sizers for carry ons at the gate in a decision that will definitely not confuse anyone. And tell your friends to listen. And if you're into reading, I'm not just about how American Airlines has gotten rid of their carry on bag sizers at the gate, but hasn't changed its actual Carry on bag policies. Like me, Water Day is also a nightly newsletter. Check it out and [e-mail] subscribe I'm Jane Coston and I can't wait to find out which deranged items folks try to carry on to American Airlines flights. Now. My guess? Full grown hippopotamus. What a Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producers are Emily Foer and Chris Allport. Our video editor is Joseph Dutra. Our video producer is Johanna Case. We had production help today from Greg Walters, Matt Berg, Sean Ali, Gina Pollack and Caitlin Plummer. 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.

[Elizabeth Goitein]

East.

[Jane Coston]

This Supreme Court term kicks off with no shortage of chaos on the docket. In October alone, the justices will weigh whether cops can break into your home without a warrant, whether bans on conversion therapy for LGBTQ kids count as censorship, and whether states can gerrymander or must gerrymander majority black districts. It's a term packed with questions that cut to the heart of free speech, voting rights, and the power of the police. And on strict scrutiny, we're here to cut through the noise with a carefully honed balance of legal expertise and plenty of smack talk. New episodes drop every Monday. Listen wherever you get your podcasts or watch on YouTube.