50 Shades of Legal Gray

[00:19] Welcome to Pod Save America. I'm Alex Wagner. I know some of you may be tuning in today expecting [00:30] Unfortunately, you're going to have to wait just a little bit longer. We had to reschedule that conversation to accommodate for... [00:36] An unexpected change in candidate schedules, but do not worry. We are setting a new date and we will have more on that very, very soon. So stand by. Today, instead, I wanted to focus on the avalanche of corruption. Some folks might just call it theft coming out of the White House. The $1.8 billion slush fund to pay off January 6th rioters. The announcement that the president and his family are now immune from IRS investigations. [01:06] pit, the reflecting pool, the president's 3,000 plus stock trades while in office, the self-enrichment, the cronyism, the taxpayer abuse, all of it has hit new heights, or should I say new lows. And I wanted to talk to someone who could help me make sense of all of this, but also about what Democrats in Congress and lawyers outside of it can do to fight back. Joining me for that conversation is the incredible Norma Eisen, founder of the Democracy Defenders [01:36] We'll be right back.

[02:06] Get tickets at crookedcon.com. And if you like what you hear today, [02:11] please do check out my show, also on Crooked, called Runaway Country, where every week I talk to people at the center of the headlines. We just published, I think, a pretty awesome, if disconcerting, episode where I talked to one of the police officers who was at the Capitol on January 6th about his reaction to the news that he will be funding payments to the people who beat him unconscious that day and gave him traumatic brain injury. Check it out. Okay, here is Norm Eisen. [02:41] Norm, thank you for doing this. I have so many questions. I think everybody has questions, but I have like many, many, many, many questions for someone who really knows what the hell is up with all of this or has a sense of the law at least. Let's just start at the beginning. On Monday, the DOJ announced that I'd made a settlement agreement on Trump's $10 [03:11] 2020 leak of his tax returns to the New York Times and ProPublica. As part of that settlement, the DOJ announced they would establish a $1.776 billion anti-weaponization fund to compensate individuals who claim they were victims of government weaponization during the Biden administration. Norm, was your reaction the same as mine, namely, what the fuck?

[03:41] a what the double fuck technical legal term. You know, I think, [03:48] When I was the White House ethics czar, I would not even allow Barack Obama to refinance his modest family home in Chicago because it was the Great Recession and he was – [04:05] regulating the banks. The thought that the President of the United States can [04:13] in essence, sue himself and throw that case out, set up by $1.8 billion slush fund. It's an endowment for January 6th insurrectionists, including those who attacked the police and were convicted by [04:43] It's the very first. And there's been a tsunami of other opposition that has developed since. And like the Epstein files, this is one that is not going away because also like that scandal, it's such an outrageous corruption situation. [05:06] And there's a paper trail explaining just how, first of all, utterly unnecessary and totally corrupt it is with that paper trail exists within Trump's own administration. I was stunned by the reporting we got this week that IRS lawyers compiled a 25 page memo that was supposed to be sent to the Justice Department saying, hey, guys, listen, Trump's lawsuit isn't going to stand up in court.

[05:36] This whole thing is bogus. And yet... [05:39] Thank you. [05:39] That notwithstanding, first of all, it's unclear if the DOJ ever read the memo. They felt the need to set make a settlement agreement with Trump nonetheless. I mean, there seems to be like I mean, I have questions. Do you have questions about this? [05:53] I do. And you know who else has questions? It appears the top lawyer at the Treasury Department who quit in proximity to the establishment of this outrageous slush fund, taking $1.8 billion out of your and my and the American government. [06:12] people's pockets in order to pay off Trump's cronies. The legal flaws were in the filing that we made with the court on behalf of those 93 members of the minority in the House of Representatives. [06:42] including because it creates an emoluments issue. There's no statutory authority. It's contrary to the rules governing the Judgment Fund, which is the pot of money that is going to be rated for this. I mean, the illegalities are vast. And it's so bad that reportedly dozens of members of the

[07:12] Todd Blanche, the acting attorney general, Donald Trump's former defense lawyer, and he's still behaving that way, confronted him. And they had to, Alex had to shelve the reconciliation negotiations. It blew up the reconciliation package because it's these people. [07:35] senators who are normally lapdogs, even they can't take it. So it's the worst corruption scandal in the history of the presidency. Yeah, let's okay. So let that is the breaking news of today. We're reporting this on Thursday. So Republicans were all set. They were all teed up to pass a reconciliation bill before the imposed June 1 deadline set by Donald Trump. [08:05] tidy sum for a paramilitary organization that slaughtered American citizens. But I digress. That's neither here nor there in terms of this conversation. But as part of that reconciliation negotiation, I'm, [08:17] Senators and Republican senators apparently wanted to put some guardrails on the slush fund. According to The New York Times, Republicans were exploring adding a measure to the immigration bill, that's the ICE bill, to limit the slush fund. And the slush fund, that's my terminology, not The New York Times. In part, Norm, because leaders were worried that if they didn't, a Democratic effort to kill the slush fund could draw enough Republican support to succeed.

[08:47] I mean, how how are these two things related? Like you're talking about on one hand, reconciliation funding that would have given given money to DHS to ICE. But then you're also talking about a fund, a pot of money that exists at the DOJ that's already been allocated. Is that right? I mean, how did how do they how can they use one to tackle the other? I guess is what I'm asking. [09:17] that under the rules of the Senate, [09:21] It's called the Byrd rule. Under the rules of the Senate is not subject to the usual procedures for purely budgetary matters. You don't have to get 60 votes in order to move the bill. You can do it on a pure majority. But, Alex, once you have that majority, you can put anything into that reconciliation package [09:51] government spends its money and you do it on a simple majority. So that means if only a handful of Republican senators and members in the House were willing to agree, hey, we should not be creating a slush fund to compensate violent cop assaulters from January 6th or convicted

[10:21] who had long jail terms until Donald Trump himself, a 34 times convicted felon, pardoned them on day one in what was previously the greatest scandal in the history of the presidency. [10:51] would have been used to limit or shut down the slush fund. So leadership freaked out. Everybody go home. Funding ICE is on hold. And now we're going to see what happens and whether finally, finally, like with the Epstein files, but unfortunately, unlike hundreds of other outrages where the president's party [11:21] Finally, we're going to see if there's another example where a few of them are willing to stand up to him. Well, yeah, and we can talk about the new reality as of this week, where Trump is just saying off with their heads to any of his Republican critics in the Senate and effectively creating an anti-Trump coalition inside his own party.

[11:51] cocked up piece of political strategy. Here's Burgess Everett from Politico reporting. Senator Kevin Kramer says it would have been a good idea for the Trump administration to announce the $1.8 billion fund after the reconciliation bill passed. Instead, it exposed the bill to all kinds of amendments because of its judiciary title. We can't help the president with the budget reconciliation package with this hanging over us. [12:18] Okay, can you unpack that for me? Like, I just, did the White House shoot itself in its own foot on this? And obviously not in consultation with Senate Republicans. The... [12:29] Um, [12:30] The incompetence of this White House knows no more. [12:35] bounds. We see that I had to fill my car in, [12:41] Gas... [12:44] with gas today. And you see that. Every American sees that when they go to the gas station or they drive by one. So if they had just waited until this budget package was [13:01] were done, you wouldn't be able to peel off Republicans to attach a provision to shut down or limit the slush fund. So it's an... [13:13] Where would we be as a democracy if Donald Trump were not a dictator? I mean, Alex, fortunately, he's not very good. I mean, in some ways he is good. I'm going to give him a little credit because he just I feel like I'm living in a tyrannical moment. But in terms of the practical execution of tyrannical endeavors, he's not very good.

[13:43] He does it the same moment he's alienating members of his own party who he needs marching in lockstep to get this thing over the hump. I mean, it's just it's like it's pure own goal after own goal from this administration. [14:00] Yeah, and we've seen a lot of that at Democracy Defenders Fund and Democracy Defenders Action, the organizations I co-founded, where we have over 300 legal cases and matters. Again and again, Donald Trump has tried to break the law in the stupidest way possible and has been slapped down by the courts for doing it. [14:30] other main job of a president, foreign policy and international relations. There has never been a bigger fiasco in the history of American war making. And we've had some fiascos, Vietnam, Iraq. We've never had a bigger one than Iran. You want to talk about on goals. He handed the [15:00] slush fund, like the Epstein files, this really, and like the war, it's breaking through. And day after day, the country is saying, what? And you are getting this pushback from Republicans in Congress. We'll see if that holds up when it's time for a vote. But it's a sign of just how

[15:30] $1.8 billion pot of cash for January 6th insurrectionists and others is. Can I ask a word about the money itself? Like we keep talking about slush fund. It's already been allocated. The Senate may try and put some guardrails on it post facto. But the reality is this money already exists somewhere at the DOJ. Can you explain? I mean, for people who don't understand how and where this money is pooled, [15:59] Can you shed some light on that? There's a fund at the Department of Justice called the Judgment Fund. And typically it is used to pay judgments. You don't have to go back to Congress every time the United States government loses a case. If you have to pay somebody or you have a legitimate settlement of a case, not a case where the president is suing himself, you use the Judgment Fund. [16:29] spent by the United States, it is subject to congressional guardrails. Congress establishes the rules on how money can be spent. And because here, [16:47] There never was a real case to be settled. The people who are benefiting from this were not a part of that phony tax case that was about to be perhaps thrown out in Florida.

[17:03] There's none of the triggers that under Article 1 of the Constitution, Congress passes the laws to govern the utilization of money, including the judgment fund. [17:17] Those triggers are implicated here. This would be an illegal disbursement of money. Anybody who took the money would be at risk of having it clawed back. It's part of a gigantic cash grab. It's as if the president rode in his limo to the Treasury Department, took bags of cash, and then went to a picnic of the insurrectionists. [17:47] money in the air. It's totally illegal in every way. So, you know, the people who participated in January 6, including violently assaulting cops, should not be too excited about the cash that they're about to collect. [18:12] This episode is sponsored by BetterHelp. Life is a lot sometimes. Regardless of what's keeping you up at night or leaving you overwhelmed, it's easy to feel like you have to figure it out all on your own. You don't have to face these challenges alone. Having someone to listen to understand and support you can make all the difference. That's where BetterHelp comes in. BetterHelp therapists work according to a strict code of conduct and are fully licensed in the U.S. BetterHelp does the initial matching work for you so you can focus on your therapy goals. A short questionnaire helps identify your needs and preferences and their 12 plus years of experience

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[22:00] Can I ask, I mean, there's already, you know, Blanche acting attorney general, Todd Blanche, who's, I don't know, conducting the most. [22:11] pathetic, stunningly pathetic job audition, job interview ever, just doing literally anything, breaking all laws and norms to get the title permanently. But nonetheless, Acting Attorney General Todd Blanch has been very opaque about whether and when the American public might find out who is a potential recipient of these funds. Here's my question. Because they are public funds, [22:41] because they are subject to some oversight. You know, the DOJ says we wash our hands of this money. It's like we have nothing to do with it once it's given out. Don't come knocking on our door. But but that's not the end of this. Right. The America there can be FOIA requests to find out where this money went. I mean, there is there are mechanisms by which whether the administration wants the public to or not, the public can find out how this money has been spent. Is that correct? [23:11] Thank you. [23:12] Government is still subject to congressional oversight. Members of Congress can demand that information should Congress change hands. Come January, the House and perhaps the Senate will have enforceable subpoena power to pursue that information. But Alex, you and I also have the power to do it.

[23:42] request for this. We have filed hundreds of freedom of information requests over the years, including a large number at the Democracy Defenders Fund and Democracy Defenders Action. And then if we don't get the information we want, we go to court and the court forces the disclosure. So they should not think that. [24:08] at the Department of Justice that they're going to be able to hide this. But more to the point, I believe the litigation has already begun and there's going to be a very substantial court pushback on the first dollar ever going out the door at the fund because it's so blatantly [24:38] It doesn't seem like what the founding fathers intended. Let's talk about those lawsuits because your party, your organization, Democracy Defenders, filed a motion to block this use of taxpayer funds. And it was filed in the coalition on the suit includes, as you mentioned, members of Congress, including Congressman Joe Neguse and ranking member Jamie Raskin. Can you talk a little bit about your confidence that that can move forward? And then I also want to get your thoughts on other suits and who has standing here. [25:07] Yeah. And we filed the initial legal objection within moments, literally within minutes. We had that ready to go on behalf of those members of Congress. We got a whiff of this at the end of the week last weekend. It worked through the weekend. The team pulled an all-nighter to get this together.

[25:36] in Florida who had the power to investigate and perhaps to block it did not exercise that power. That means that we and others now will go to court. We're going to need to find new places to do that. Those lawsuits have started to pop. Anybody who has an injury as a result of this [26:06] slush fund has the power to bring that case. People who are entitled to reparation for genuine abuses of the government. There have been so many over the past 16 months who've been targeted by the administration. They're the real people. [26:31] victims of weaponization. Alex, it's dubious. You can tell from the context that's not who's going to be getting money. And then others who are injured in various ways by the funds, including people who might have gotten under properly congressionally authorized disbursements from the judgment fund. That $1.8 billion has to come from somewhere. There's people who would [27:01] that money is gone. So there's a huge number of folks who are injured in various ways by this. And the litigation is going to be going on, I predict, for months and years to come. And if you liked our first brief on behalf of those 93 members of Congress where we laid out

[27:31] action. What do you think about you? You mentioned there's an excess of lawsuits that are either being filed or that are coming down the pike. Two officers who famously and publicly defended the Capitol on January 6th, Daniel Hodges and Harry Dunn, sued the administration this week to try and stop the creation of the slush fund. What do you think of that effort? And I'm sure [27:55] Where does it go? I think it's great effort. Hats off to Harry and to Daniel. I know them both. They're wonderful public servants for taking the leap. The Public Integrity Project and my friend Brendan Ballew, who brought that case, was pulling no punches. So I think you're going to see that [28:25] litigation that is coming down the pike for all the different individuals or groups of individuals who've been injured by this terrible case. So I'm optimistic that the litigation front is going to result in putting some limits and even an injunction stopping the implementation of the fund [28:55] impose some limits. And that one-two punch of the court of law and the court of public opinion, if you will, the public outrage has reflected in even the Republican members' anger about this.

[29:12] Well, you know, you won't lose money by betting against their willingness to take on the president. But here you have all of the cylinders of the scandal clicking. And it does remind me of the Epstein files where it became more and more intense. [29:42] party broke with him. There seemed to be, according to press reports, somewhat of a mutiny today when the president's former defense lawyer, Todd Blanche, tried to sell this to the Republicans in the Senate. Yeah, I mean, and by the way, Thomas Massey, who led the charge on Epstein, still in Congress. John Cornyn, who Trump basically sent, you know, to put on top of a door on the floor. He's still in the Senate. You know, these people who Trump [30:12] very much still there, still angry, and I think ready to go out Yosemite Stan style, guns a-blazin'. I want to ask about your level of alarm. [30:22] On the on the why. So we know that Trump likes, you know, throwing bags of cash at people. We know that he likes sort of mob style comeuppance. But. [30:35] I wonder what it signals that he – I mean, how worried are you about the midterms that right now, as the polling shows Trump and Republicans on track to lose one or both houses of Congress, the strategy is not to pivot towards a better message, but to throw cash at a group of people who have proven themselves violent and willing to do anything to upend an election in Trump's favor?

[31:05] about the levers Trump might pull as the sort of weather forecast gets worse and worse for him in the party ahead of November? I think that the kind of machinations that we've seen and we've been litigating already are a sign that Donald Trump fears the will of the people. But I'm [31:30] Based on the track record, I think voters can be confident that there will be free and fair voting no matter what he tries. Look, Alex, at Democracy Defenders Fund and Action, we litigated against Donald Trump's election takeover executive order. He issued one last year. We went to court. We got a preliminary injunction. [32:00] seats through redistricting in Texas. We represented those Texas legislators who fled the state to sound the alarm on redistricting. The result was there was five seats added in California to cancel out Texas. We went to court. We defended. We won that Prop 50. We helped defend [32:30] The trial judgment was untouched on an emergency Supreme Court opinion without a single noted dissenting vote. Donald Trump has tried another elections takeover. We're in court on that. He's trying to do more redistricting in the South, in Florida, more seats being stolen. We're in court on that. And we've been winning these cases now since January 20th, 2025, plus a lot of others.

[33:00] in our over 300 cases. So voters should know, and it's not just us, we're part of a very big coalition, voters should know that we are going to go to court, we are going to fight for them, and we are going to make sure no matter what Donald Trump and his cronies say, [33:20] try, that voting is safe, free and fair. And, you know, to your point before, it's a it's a system wide. It's an attack on the separation of powers. It's an executive branch attack on the legislative branch and potentially the judicial branch. And those two branches are potentially not going down without a fight. Right. They're the lawsuits. And then there's also Congress saying, uh, like this is actually I mean, at least Democrats and perhaps Republicans join them. [33:50] our purview. We are granted the authority. We are granted the power of the purse. And you can't take that away from us. Because by the way, what is the appropriations process matter if a president can just come up with a fake lawsuit and then a fake settlement and give himself control effectively over billions of dollars? Like why bother having Congress if that's going to be the new strategy? [34:20] Article 2, the president has been outrageous, but thank heavens for our federal trial court judges and the Article 3, because they have been the guardrail. But, yeah.

[34:42] Those cases don't start themselves. You need groups like ours and our wonderful coalition partners, hundreds of clients and partners who go to court, who bring those cases. And that makes it possible to have these many, many victories that have hemmed Donald Trump in. [35:12] and the American people have woken up, they see what's going on. And that's why the president has these historically low approval ratings. So he's not coming from a place of strength. He's coming from a place of weakness. Of course, that can be very dangerous. And that's why we are all on our guard. But there's a proven record of success in court over the past 16 months to build on in elections and more broadly. [35:42] I got to ask you about one last part of the slush fund settlement agreement, which is the provision that the DOJ added on Tuesday that for that that the IRS is forever barred and precluded from investigating Trump and his family on their taxes, making the first family effectively immune from audits from the IRS. OK, Norm. [36:08] I mean, double what the fuck on this too. But like, is this legal? Triple fuck? Triple what the fuck? But like, can you do this? You can't do this, can you? No.

[36:21] Oh, no. First of all, the transaction was already complete. So it's like, oh, we forgot we're going to throw in a freebie. Secondly, they have no power on this kind of a false and phony basis to get rid of the existing cases, much less as it appears to forgive future wrongdoing. [36:51] This preemptive pardon, it won't hold up in court. The whole sick shebang is going to be flushed. But this is one of the worst parts. And it's like, oops, we forgot one more freebie at the end. I mean, it's so transparent. [37:21] We've seen again and again that our federal trial courts have stood up to Donald Trump. And he's going to fail in these efforts. And, you know, we and many others are going to fight him on this worst of all presidential corruption scandals in the history of our nation.

[37:51] . [37:55] Pod Save America is brought to you by Rocket Money. Thanks to the good people at Rocket Money, I realized that I had been upcharged by a streaming service for access to one show because it was a foreign thing. [38:07] That Hannah and I had [38:08] watched during the pandemic one time, one episode of it, then abandoned it, and then forgot to cancel it, and we're getting charged. [38:15] like $10 a month in perpetuity. That's why you all need Rocket Money, because they allow you to track subscriptions and cancel them within the app with just a few taps. In fact, Rocket Money has saved users over $880 million in canceled subscriptions. You can categorize automatic transactions across your accounts. You can customize categories with tags to help shed light on your spending patterns and much more. You get personalized insights and regular reports on your spending habits. You can even receive real-time alerts for large transactions, upcoming bills, refunds, and low balances. [38:45] loans and investment accounts into a single dashboard to give you a clear picture of your finances. [38:50] Rocket Money is a personal finance app that helps find and cancel unwanted subscriptions, monitors your spending, and helps lower your bills so you can grow your savings. Let Rocket Money help you reach your financial goals faster. Join at rocketmoney.com slash crooked. That's rocketmoney.com slash crooked. Rocketmoney.com slash crooked. [39:09] This is the Cocoa Beach on Florida Space Coast podcast. I'm Kelly Bowman, and I have been chasing the stories, meeting the people, and uncovering the little details that help you explore this place like a local. And the more time you spend here, you realize it's not just a beach. The shoreline is a launch pad for catching waves and watching rockets lift into space. Open your free iHeartRadio app, search Cocoa Beach on Florida Space Coast,

[39:37] And listen now. [39:38] service opens doors and at American Military University it can open doors for the whole family if you have a loved one who served in the military you may qualify for reduced tuition [39:49] AMU offers flexible online programs designed to fit your schedule so you can keep moving forward wherever life takes you. [39:56] Learn more at amu.apus.edu slash military. [40:02] Open doors to the future for you and your family with the help of American Military University. [40:10] Okay, so here's my segue. It doesn't end here. Like the corruption, the malfeasance, the self-enrichment, the megalomania, it all continues. I mean, this is not the only scandal this week. Buried in all of this. [40:26] is the news that in the first quarter of this year, Trump made 3,700 trades, not himself, but his accounts. A managing director at a major Wall Street brokerage told Bloomberg, in the 40 plus years of my time on Wall Street, this is an unusual amount of trading by any standards. I mean, yes, okay, we all assume Trump was insider trading, but 3,700 trades, Norm? I mean, [40:54] Do you have a sense of the scale of this? I know you're not a Wall Street trader, but it seems eye-watering. Another trader said that it was insane. [41:05] to have this level of trades and

[41:09] The enormous dollar value, many of the equities being traded are companies like NVIDIA or Intel, [41:20] where the president is involved in decision-making, but given the presidency, you're involved in decision-making for every American company. Now, the Trump organization has said the president does not personally make these trades. [41:46] And number one, [41:49] You shouldn't have to ask the question. Number two, forgive me if I approach anything that they say with a bit of skepticism, given the over 30,000 lies that Donald Trump has told, according to Washington Post tally. [42:08] You know, like the slush fund scandal, Alex, [42:14] The American people elected Donald Trump to put [42:19] money in their pockets to make their lives better, to make their lives more affordable, not himself to expand his wealth. So this stock trading scandal is another profoundly concerning case of the president doing the opposite of what he was put in office to do. At the

[42:49] where I'm the publisher, we included both the slush fund and the stock trading on our [42:56] weekly top 10 list. It changes constantly. I started putting together this top 10 list, and I had to revise it four or five times in the space of 48 hours because there were so many new corruption scandals. So how can you pick just 10? It's like Taylor Swift top single. There's just always another one. Singles. I want to get the language right from the Trump Organization. [43:26] Now, let me read to you a list of all the companies that Trump traded, whose CEOs also, Norm, happened to a company trip on his field trip to China. [43:56] handful more. I mean, [43:58] Are you buying? You don't you're not buying. Are you? I shouldn't put words in your mouth. The idea that a third party has exclusive authority over Trump's investment decisions. And oh, by the way, some of those big companies just happen to be my, you know, travel buddies as I went to Beijing. No, it's just a coinkydink. This is another matter that will be investigated.

[44:20] There's no. . . [44:21] official immunity for doing personal stock trades to the benefit of her president's account. So should the House or the Senate or for that matter, state security regulators or anybody else have the occasion, they ought to check whether that's true. And is it really the case that the president had no awareness? [44:51] knows what's in his accounts. How does he build a wall in his brain so his decision-making is not influenced by these stock holdings? I think we're entitled to ask highly skeptical questions about this whole pattern, and particularly given the amount of dishonesty and dissimulation on other [45:21] not to accept at face value the statement, oh, the president had nothing to do with it. He's going to build a wall in his brain that Mexico will pay for, Norm. I do want to talk a little bit about, as we talk about the megalomania and the corruption, some of the construction projects that so animate whatever part of Trump's brain has not yet been walled off. Where would you prefer to start? There's so many to choose from. The ballroom,

[45:51] contract or the Trump arch that the administration is now claiming they don't need congressional approval for because Congress approved a plan for the Arlington Memorial Bridge in the year 1924. [46:06] 102 years ago that contained an arch like structure that was never built for people who are unfamiliar with this now, this absurd argument. The Washington Post reports that Congress formally ratified a report in 1925 that allowed for the building of Memorial Bridge. However, the columns that were part of that design were not actually constructed. And Trump officials today argue that in building the arch, they would be carrying out past lawmakers wishes. [46:36] by building an arch that was maybe at one point part of a design 102 years ago. Where do you want to start, Norm? [46:48] All of these projects serve the president's personal ego, his whims, his desire for self-aggrandizement, not the public interest. I think the granddaddy of them all, the thing that kicked us off was renaming the Kennedy Center. [47:18] fled pretextually shutting down the center, claiming it was necessary for repairs. We're litigating that case and others of the matters that you describe, as are our wonderful partners and colleagues in the democracy movement. So it started with the Kennedy Center case.

[47:48] a great legal team working on that. We also, we and colleagues also have a piece of that case, Alex, because it turns out that when you demolish that historic, beautiful East Wing, the debris has to go somewhere. Donald Trump trucked it to a public park and public golf course in D.C. where he dumped it. [48:18] of toxins, lead, chromium, asbestos, carcinogens, pardon me, arsenic, carcinogenic substances. And we're litigating that case of the toxic dumping coming out of the East Wing demolition. And then other folks are working on the reflecting pool, which should be called the 50 Shades [48:48] because they can't even match the paint colors. It's so incompetent, like the renaming of the Kennedy Center that caused all those names damage. We do that case for Congresswoman Joyce Beatty, our client there. And then you have this Arch case, which another group of lawyers is litigating. So the courts are looking askance at these people, [49:17] projects, we did get a temporary restraining order to get information about the Kennedy Center, what was going on here. Donald Trump had claimed there was a one-year review involving outside experts. When we got the documents pursuant to a temporary restraining order for Congresswoman Beatty to go into the White House for a Kennedy Center board meeting and confront the president,

[49:47] review of the kind that was promised. So these whims are extremely expensive for the American people. They're extremely damaging to the historic environment or in the case of this toxic dumping to the humans within the District of Columbia. And it is yet another corruption scandal. And this [50:17] variables is also part of our contrarian top 10 list. Yeah, I mean, again, a top 10 list that has no, that should probably be like a top 100, given the number of the candidates you have to put on the list. Can we talk a little bit, though, specifically about the, you know, we talked about the resistance inside Congress to the slush fund. There's real resistance to the ballroom. [50:47] Again, it's a legislative branch looking at this and saying this is totally corrupt and this is a vanity project. And even Senate Republicans, who I am loathe to give any credit to, are it looks like I mean, we know almost for certain that it's going to get dropped, that they're not going to put it in the reconciliation package. The Senate parliamentarian has been like, nice try. That kind of shit doesn't belong in here. Do you I mean, yeah, what do you think?

[51:17] that resistance? And do you think that this dies in the legislative branch? Well, when we were talking earlier about the reconciliation laws and how Congress allowed for purely budgetary matters to move with less than 60 votes, you can do it with a simple majority. [51:41] Yeah. [51:43] They... [51:44] put in a rule that policy decisions can't be part of that. It has to be pure appropriations. Obviously, it's a huge policy decision in our country to build this policy, [51:58] ballroom and the parliamentarian, she's a hero. She said, no, the Senate parliamentarian, no, I'm not going to let this through. This is not a purely budgetary matter. Donald Trump demanded she be fired. [52:14] To his credit, it's a pretty low standard, but Majority Leader John Thune has so far declined to fire her, and the Republicans do not seem to be overruling her. [52:44] that is exacerbated by this kind of corruption. So that is a positive sign that the system is holding, particularly that wonderful parliamentarian.

[53:00] Yeah, not all heroes wear capes. [53:09] Pod Save America is brought to you by Sundays. Have you ever tried to actually look at the ingredient list in your dog's food after the first ingredient? Good luck. Gross, gross, gross. Traditional store bought is made using extreme high heat to keep it shelf stable and inexpensive. So brands have to add back synthetic vitamins and minerals in the form of additives whose names you don't understand and definitely cannot pronounce. Is that really what you want your dog eating? No. Sundays for dogs is different. They start with 80 percent plus all natural meats and then finish with superfoods like kale, ginger, blueberries and gently air dries them instead of using high heat. [53:39] Yeah. [53:49] as a veterinarian and as a dog parent. And the best part, Sundays requires no fridge, no freezer, no prep, no mess. You get the quality of home-cooked meals with the scoop and serve ease of kibble. It's what dog food should have been all along. You've got to feed your dog good stuff. You wouldn't give a part of your family. That's right. Give them healthy jerky. Come on. Amen. Grow up. [54:11] Make the switch to Sundays. Go right now to sundaysfordogs.com slash crooked50 to get 50% off your first order, or you can use code crooked50 at checkout. [54:19] That's 50% off your first order at sundaysfordogs.com slash crooked50, sundaysfordogs.com slash crooked50, or use code crooked50 at checkout. [54:30] This is the Cocoa Beach on Florida Space Coast podcast. I'm Kelly Bowman, and I have been chasing the stories, meeting the people, and uncovering the little details that help you explore this place like a local. And the more time you spend here, you realize it's not just a beach. The shoreline is a launch pad for catching waves and watching rockets lift into space. Open your free iHeartRadio app, search Cocoa Beach on Florida Space Coast,

[54:58] And listen now. [55:00] service opens doors and at American military university they can open doors for the whole family if you have a loved one who served in the military you may qualify for reduced tuition [55:11] AMU offers flexible online programs designed to fit your schedule so you can keep moving forward wherever life takes you. [55:18] Learn more at amu.apus.edu slash military. [55:23] Open doors to the future for you and your family with the help of American Military University. [55:31] I mean, I think you're so right to point out the sort of real economic climate in the country contributing to and really exacerbating the outrage over the corruption, right? The corruption on its own is eye-watering and historic, but the fact that it dovetails precisely with the moment when Americans can't afford hamburger meat and gas and air conditioning and, you know, health insurance... [55:57] it makes it that much more galling. And I think when people [56:01] Just in terms of the political moment, people have said, oh, well, the corruption message hasn't stuck in the way that I think Democrats have wanted it to. Well, we're in a different moment right now. And as you point out, the dichotomy, the chasm that separates the corrupt activities of this president, the gilding of the ballroom, the arch, the painting of the reflecting pool, many modeled shades of blue for multiple times what it was supposed to cost.

[56:31] this deeply cynical, completely self-absorbed behavior of someone who at the same time is asleep at the wheel when Americans need him the most to tackle the one issue he was elected to tackle, which is affordability. I mean, it's really giving Marie Antoinette vibes. You'd think they would at one point say, just like, let them eat cake. That's kind of where we are. [57:01] and they're outraged. And I do think you see it reflected in polls. Americans say in poll after poll that corruption and fighting corruption in government is one of the most important issues for them, that the cost of living and the crisis around the cost of our everyday existence is a [57:31] to pay for these construction projects, to pay for the $1.8 billion slush fund. And the people see the connection. They don't like it. And I think that the public opinion polling demonstrates that this policy [57:52] corruption spree is a part of why we have the most unpopular president at this point in modern presidential history. As you say, it's not why the people put him there. And he has hemorrhaged independence. It's another form of corruption. It's corruption of the rule of law to utilize ICE the way he has to attack innocent people. He said he'd protect the border and

[58:22] arrest criminals, not that he would tear moms and dads and kids out of their homes, out of their communities, out of the American economy, or that his ICE agents would murder the Rene Goods and the Alex Pretties. That corruption of the rule of law also matters. And then you throw in the other scandal that has really broken through, like the slush fund or the [58:52] And that is the as broken even bigger, the Epstein files. That's a corruption story. I think the American people get it. And I think there's going to be a very serious price to pay come November. I wonder, you know, you may I think a lot of people don't know about the garbage from the East Wing demolition being put onto a public park. I believe it is a public golf course that was really inexpensive to play on. [59:22] to play on that course, and now they can't because it's covered in toxic building materials that Trump unlawfully foisted on the park grounds. The reflecting pool is way over budget. It's not getting done on time. And the work from the reporting we have, at least in the Washington Post, seems to be incredibly shoddy. Their holes and the waterproofing, their bubbles, the blue,

[59:52] magnate. He's failing at the job. He's failing politically in terms of strategy. He's failing the country in terms of being a leader and adhering to the principles of the Constitution or the letter of the law. And he's also failing at the one thing he's like kind of known for, which is the building part. I wonder, you know, first of all, do you think this stuff is going to get built? And if it does, what should Democrats do about it? First of all, it might be shoddy, dangerous construction. And second of all, like, does anybody I mean, do we need the arc to Trump? [1:00:22] should happen to this stuff if it exists once Trump leaves office? Well, we'll need to take it on a case-by-case basis. Certainly the public park, the golf course that's for families, people of modest means, those should be reopened. We have to get rid of those [1:00:52] Through our litigation, that's the point of doing it. And the Kennedy Center needs to be reopened. We need to protect the independence of the Kennedy Center. So, you know, it's very clear that it cannot be renamed for Donald Trump. Congress has said it must be named for John F. Kennedy. So we'll have a court order in place.

[1:01:22] What you're going to see is the courts are going to step in. I don't think the arch is going to be built. That is being litigated. But look, both with the built environment as with our government in the post-Trump era, we are going to have to rebuild. Fortunately, there are good examples the United States can learn from both domestically and internationally, [1:01:52] Authoritarian regimes replaced and you were able to rebuild and reconstruct. In Hungary, you just had a supermajority coalition oust a far more entrenched autocrat than Donald Trump in the form of Viktor Orban. After 14 years, they're embarking on a very bold rebuilding project. In Brazil, the Bolsonaro regime was ousted. [1:02:22] has built a big tent coalition. He's a man of the left. He's built a larger coalition to do reconstruction there. And of course, we have the examples of what happened in the former Iron Curtain countries after the end of the Cold War. They were able to rebuild after a much longer, more difficult struggle, the post-World War II,

[1:02:52] Africa. There's a lot of examples we can learn from. It will start with knocking down. Personally, I think some of these monuments to Trump need to be knocked down. But it's what comes after. And the most important rebuilding will be the rebuilding of our government and setting America [1:03:22] King called the promissory note, not yet fully collected on, of the Declaration of Independence and the United States Constitution. We have to continue that work going forward. But dealing with some of these fiascos, domestic fiascos, is going to be a part of that as well, Alex. Well, I mean, I think you're so right to [1:03:49] suggest that there is a path forward, that we can come out of this, that the judicial system will continue to function in its critical role, providing some alternatives and some dose of reality in terms of what the law says. And also elections matter. You point out Orban and Lula, [1:04:12] These are the results. Those those changes are the results of a public saying no longer, no more. And everything that we see suggests the public is overwhelmingly rejecting this corruption and malfeasance and that change, real and significant change could be on the menu after Election Day of this year.

[1:04:42] That, I think, is hopeful, right? Having people involved on a civic level, being enraged by their democracy and wanting to fix it is an unfortunate way to encourage engagement, but is also a really powerful way to do it, too. And I'll take it. [1:05:12] candidates. So I think we're going to continue to do our work in the courts of law, but we're going to count on the court of public opinion to restore that trajectory of progress in American democracy and to finally vindicate those promissory notes of the Declaration of Independence and the [1:05:42] we all do this together? The great and inspiring and brilliant Norm Eisen. It's great to see you. It's great to have this in-depth conversation. It's been very helpful for me in understanding the sort of ins and outs of the lawlessness of all these terrible endeavors embarked upon by Donald Trump. But, you know, the work continues. It's great to have you, Norm. Thank you guys for listening. The guys are off this Monday for the holiday because they're

[1:06:12] lackers. See you soon. [1:06:31] This is the Cocoa Beach on Florida Space Coast podcast. I'm Kelly Bowman and I have been chasing the stories, meeting the people and uncovering the little details that help you explore this place like a local. And the more time you spend here, you realize it's not just a beach. The shoreline is a launch pad for catching waves and watching rockets lift into space. Open your free iHeartRadio app, search Cocoa Beach on Florida Space Coast and search for the shoreline. [1:07:01] And listen now. [1:07:03] service opens doors and at American military university it can open doors for the whole family if you have a loved one who served in the military you may qualify for reduced tuition [1:07:14] AMU offers flexible online programs designed to fit your schedule so you can keep moving forward wherever life takes you. [1:07:21] Learn more at amu.apus.edu slash military. [1:07:26] Open doors to the future for you and your family with the help of American Military University.