Ralph welcomes Constitutional law expert Bruce Fein to analyze Congress' abdication of power in the face of President Trump and Elon Musk's actions to dismantle the federal government, and whether any of it is legal.
I’m not going to mention that this was another great program because it was. We’re sort of at the end of the road of democracy in the US and that is a great tragedy even with all of the wars and the corruption and the environmental and other human disasters and tragedies. I like the hopefulness of this program, but the reality is that we have been fighting rearguard battles to save decency for decades. I think the slide began in earnest with Lyndon Johnson’s debacle in Southeast Asia, which was addressed in today’s program, and which trashed the Great Society. The Democratic Party coughed up the Clintons and Harris and Biden, while the Republicans coughed up Trump. I don’t know if the Democrats can be reformed... I don’t think so because they feed at the same trough as the Republicans through corporate money. Read my article at CounterPunch: “They’re Still Killed by US Munitions,” which treats a topic that was addressed in this program.
You forgot to mention Bush and Cheney, when you were speaking about "cough ups." Also, these sad figures (and their counterparts in Congress) could not exist without the influence of Big Money. So you need to give them their due. In fact, they lead the list of scoundrels who put a wrecking ball to our fine country.
May the Force be with Ken Martin! I became keenly aware during the Biden Administration just how utterly removed the DNC has been from we the people. Then Biden’s hand in the genocidal slaughter of Palestinians firmly closed the door on the Democratic Party. Schumer, Pelosi, Jeffries proved themselves aliens to the good of workers and the people, in short to Democracy. For Martin to polish their apples will immediately signal that door will be locked.
With regard to Gaza and Trump vs Biden. So many said oh Trump will be worse or Trump will be better. To me it’s not either/or. It’s BOTH/AND. Biden set it up for Trump. It’s so easy for him to “offer” to clean up the horrific unlivable demolition zone
Mr. Ralph Nader, you need to send this podcast to Gary Null and talk some sense into him. He’s been supporting Trump indirectly from the time he started running for president. He has never really said anything critical of Trump. However, when it comes to speaking critical of Bill and Hillary Clinton and Barack Obama, it's nonstop vitriol. It’s so obvious that he hates them. I’ve watched Fox News from 2001 to 2007. The Gary Null Show is similar to Fox News, Epoch Times, and ZeroHedge. There’s no difference. When I submit a comment that doesn’t go along with the narrative, they block it. I’m sure that Gary has the calls to his show screened, because I can’t believe that someone listening to his show hasn’t call in about some of his talking points and his support for Trump.
I’m apolitical, but when Trump won the 2016 presidential election I felt darkness. It was the feeling I had when I first read about Germany in the 1930s and watching the British documentary television series The World at War chronicling the events of the Second World War.
I’ve lost my admiration for Gary Null. He says he’s Progressive. He’s not. He is a Conservative and some of his talking points are the same Conservative and Far Right talking points. His show is too political. He only talks about health for approximately 10 minutes, but the remainder of the show is him playing videos that support his social and political views.
Gary and his resident scholar Richard Gale have never talked about or written about Project 2025. Gary has said nothing to warn his listeners what another Trump presidency would look like. I’m sure he knew what was coming. He’s only concern about the dismantling of the deep state. What difference will that make if it’s replaced with another deep state, another shadow government one that dismantles the federal government (Democratic Government) step-by-step to have the country become a Christian Nationalist/Theocratic/Far Right Government run by a CEO/Dictator/Autocrat.
We can thank the Clintons and Obama for paving the way to a Trump presidency. And I wouldn't assume Null supports Trump, just because Trump wasn't mentioned in an interview.
USAID has a strong humanitarian component but they also have a nefarious side. My Peace Corps director was Director of USAID in SE Asia and spent a lot of time with generals flying around in helicopters. rural development? With regard to HIV treatment that all goes thru PEPFAR to both CDC and USAID. USAID Administrator reports to Secty of State. USAID always gets more money than CDC but USAID for years was ferociously against treatment which has both health benefits for those infected but also is the strongest prevention measure for spouses and infants of treated HIV + women. Both vertical and horizontal transmission. USAID hated that and defended other prevention measures which were basically pathetic. Eg. partners paid to Counsel women not to get infected. I am out of the loop now but was part of PEPFAR in two African countries with CDC.
I agree with you. There is a lot of evidence USAID has been working closely with the National Security agency to do bad things to other countries. Maybe it was not so bad, we just have to throw the thing out as Mr. Musk contends, but it may well need some serious overall. The same with the rest of the federal government bureaucracy.
Per Bloomberg I'm noting USS Truman has port call in Greece after bombing ISIS in Somalia? But Ansar Allah of Yemen will no doubt continue the blockade of Red Sea/ Suez Canal/ Israel as Zionist Trump looks the other way of settler IDF violence in the West Bank.
However, the good that is being done in the interest of government and transparency albeit with too much grandstanding which is almost never done by the left when they expose corporate corruption and criminality, should open up a lot of scandals largely on the left and how they've sought to monopolize the news cycles and steer untold billions to their lackeys.
For those with open minds I'd recommend the following substacks and links:
Serious questions and concerns are raised in this article, and on the basis of President Trump's disrespect for and flouting of the rule of law in the US, impeachment articles that are being raised are entirely appropriate. However full top to bottom audits of all federal agencies is entirely overdue. The funding USAID has been involved in looks very much like a CIA front; going into foreign countries, softening up populations with NGOs and humanitarian aid, then using their leverage to destabilize those countries and open up power for American monied interests. We should be thanking the DOGE team for increasing financial transparency which is totally overdue.Fraud and mismanagement are major problems with government spending. We should know about the actual CIA budget, together with the other intelligence agencies and the Pentagon as well as the Federal Reserve.
Norm Solomon talked about at the Democratic Party becoming the party of anti-militarization. I don't see how this can happen as long as every Congressional district in the U.S.,relies on Pentagon money. That money provides jobs for the Representative's constituents. If a Congressperson loses that income, constituents lose jobs, and the Representative loses in the next election. That is why Pentagon funding bills always pass with a bi-partisan vote: you vote for my district's DOD money and I'll vote for yours.
I think Rep. Walter Jones (R-NC) represented a district that had military base in it. He came out vociferously against the Iraq War in 2004, having voted in favor of it previously. But, he kept being elected in his district. How did he do it? Also, strongly opposing one war does not necessarily mean one is anti-militarization.
Those are very depressing times. Listening to Mr. Fein and that the only way to get rid of the tyrant is impeachment does not help my state of mind. I am though, using what I heard here and some of my own worries to a meeting with my congressman's staff. Will have to meet with Senators' staff too. But I still have fantasies of what should happen to Musk and Trump. Not sorry for my thoughts.
Thank you, Russell, for the email note that the most recent issue (Nov/Dec) of the Capitol Hill citizen is running low. (I have mine.)
I would like to know where I can find the fourteen impeachable offenses noted to this point by your guest, Bruce Fein. I feel it a matter of great urgency to begin getting out "word of mouth" -- especially in the two Florida districts holding special elections on April 1. Barely 50 days away.
The list was fourteen when Bruce was on the show. I'm sure it's growing, and we're going to need access to a dynamic list. Bruce Fein is a treasure.
Thanks for the discussion regarding President Trump’s overreaching. I think, however, before going into the details, it is important for lawyers to carefully and accurately explain the limitations on Presidential power still recognized by Trump v. United States. Otherwise, we are causing more fear and polarization in our sad nation than is necessary.
Specifically, my sense is that most Americans have gained the impression the Supreme Court gave Trump a green light to do whatever he wants as President without fear of accountability. In my opinion, both the Democrats and President Trump are exploiting this notion for their own political reasons. From my reading of Trump v. United States, however, the Supreme Court did not give a greenlight to President Trump to act as a dictator. Quite the contrary, the Court provided specifics on how abuses of Presidential powers can be Constitutionally curbed. Here are my takeaways as an attorney of at least modest skills. Please correct me Mr. Nader, Mr. Fein or anyone else, if you disagree.
1. Every President, including Trump, remains accountable under the Impeachment Clause of the Constitution—regardless of whether or not they can be or have been prosecuted for a crime. They can then be thrown out of office—if Congress does its job.
2. Every President can be prosecuted while in office or afterwards if they do something outside the broad powers granted them by the Constitution. Thus, Presidents can be prosecuted and locked away if they commit criminal acts such as murder, theft, bribery, etc., although impeachment probably would occur before convictions were obtained. President Nixon, for instance, could have been criminally prosecuted for his roll in the Watergate break in and coverup (As memory serves me, he was generally identified as an unindicted co-conspirator and President Ford granted him a pardon.). Furthermore, Presidents can still be sued for violating the Emoluments Clause or anything else they are clearly prohibited from doing under the Constitution.
On the other hand, if Presidents act within their broad Constitutional powers, they cannot be criminally prosecuted while in office, although they still can be impeached. The way I read this, President Johnson’s actions in starting the Vietnam War and President Bush’s in starting the Iraq war, for instance, are not subject to criminal prosecution. Congress could still impeach them and throw them out of office if it so chose, however. Presidents sometimes have to act quickly and decisively without considering all the illegalities that might attach. The Court states, we cannot present evidence in a Court of law questioning their motives (Although we sure can in the court of public opinion).
3. Every President can be sued while in office if he or she violates powers Constitutionally provided to both the President and Congress or to Congress, alone. Thus, President Trump can and is being sued right now for exercising powers delegated to Congress, such as the power of the purse and the delegation of broad quasi-government powers to his donors, such as Mr. Musk. Likewise, he can be prosecuted and impeached if he unilaterally starts wars to take over other countries, such as Panama, Greenland or Gaza. If President Trump were to defy Congress and/or Court orders ruling against such actions, then he needs to be removed from office through impeachment, assuming, again, Congress would do its job. Depending on the circumstances, he might also be subject to criminal prosecution.
In summary, I, for one, am critical of many of the decisions our Court has been making, including first and foremost the Citizens United decision, which accounts in significant part for our government’s takeover by the oligarchs. But the separation of powers requirement of the Constitution makes Trump v. United States a tough one for any court. I can see fair logic in what this Court is stating. Especially as lawyers, I believe we need to explain to our fellow citizens the Court has not recognized that Presidents have full immunity from prosecution for anything they do while in office. Otherwise, we allow America to become more fearful and contentious than the situation requires.
"...Presidents can be prosecuted and locked away if they commit criminal acts such as murder, theft, bribery, etc., although impeachment probably would occur before convictions were obtained..." According to your observation, PrimaDonald should have been prosecuted for instigating an attempted government overthrow which resulted in the deaths of two policemen and the injury of at least five individuals who were on White House property in January of 2021. Until I see different behavior from them I'm confident that our corporate-indentured Congress combined with a supine, Trump-loving Conservative Supreme Court will all but ensure that Orange Foolius will continue to do pretty much whatever he pleases--much to the delight of his constituents.
The Supreme Court dismissed those portions of the resurrection indictments they said were part of the broad Constitutional functions of the executive— not the entire case. Read the decision.
My original point was that Trump versus United States does not grant absolute immunity to the president. It gives him considerable immunity when he is carrying out the functions constitutionally granted to him, but that’s about all. At least in my reading of the decision. It was my opinion that given this, people should not waste time and energy on anger that it does more.
But our discussion, now, is getting a little bit off my major point. I could go down in those weeds, but we would end up into a long drawn out back-and-forth, where neither of us would be satisfied, but would waste a lot of energy.
So I’ll stick to the original point, but thanks for the inquiry.
In today's show you said "All we really have to do is be authentic and operational behind the basic Franklin Donald Roosevelt New Deal agenda brought up to date that I have repeated again and again."
Can you please layout what an updated New Deal agenda would be?
I’m not going to mention that this was another great program because it was. We’re sort of at the end of the road of democracy in the US and that is a great tragedy even with all of the wars and the corruption and the environmental and other human disasters and tragedies. I like the hopefulness of this program, but the reality is that we have been fighting rearguard battles to save decency for decades. I think the slide began in earnest with Lyndon Johnson’s debacle in Southeast Asia, which was addressed in today’s program, and which trashed the Great Society. The Democratic Party coughed up the Clintons and Harris and Biden, while the Republicans coughed up Trump. I don’t know if the Democrats can be reformed... I don’t think so because they feed at the same trough as the Republicans through corporate money. Read my article at CounterPunch: “They’re Still Killed by US Munitions,” which treats a topic that was addressed in this program.
You forgot to mention Bush and Cheney, when you were speaking about "cough ups." Also, these sad figures (and their counterparts in Congress) could not exist without the influence of Big Money. So you need to give them their due. In fact, they lead the list of scoundrels who put a wrecking ball to our fine country.
May the Force be with Ken Martin! I became keenly aware during the Biden Administration just how utterly removed the DNC has been from we the people. Then Biden’s hand in the genocidal slaughter of Palestinians firmly closed the door on the Democratic Party. Schumer, Pelosi, Jeffries proved themselves aliens to the good of workers and the people, in short to Democracy. For Martin to polish their apples will immediately signal that door will be locked.
With regard to Gaza and Trump vs Biden. So many said oh Trump will be worse or Trump will be better. To me it’s not either/or. It’s BOTH/AND. Biden set it up for Trump. It’s so easy for him to “offer” to clean up the horrific unlivable demolition zone
Mr. Ralph Nader, you need to send this podcast to Gary Null and talk some sense into him. He’s been supporting Trump indirectly from the time he started running for president. He has never really said anything critical of Trump. However, when it comes to speaking critical of Bill and Hillary Clinton and Barack Obama, it's nonstop vitriol. It’s so obvious that he hates them. I’ve watched Fox News from 2001 to 2007. The Gary Null Show is similar to Fox News, Epoch Times, and ZeroHedge. There’s no difference. When I submit a comment that doesn’t go along with the narrative, they block it. I’m sure that Gary has the calls to his show screened, because I can’t believe that someone listening to his show hasn’t call in about some of his talking points and his support for Trump.
I’m apolitical, but when Trump won the 2016 presidential election I felt darkness. It was the feeling I had when I first read about Germany in the 1930s and watching the British documentary television series The World at War chronicling the events of the Second World War.
I’ve lost my admiration for Gary Null. He says he’s Progressive. He’s not. He is a Conservative and some of his talking points are the same Conservative and Far Right talking points. His show is too political. He only talks about health for approximately 10 minutes, but the remainder of the show is him playing videos that support his social and political views.
Gary and his resident scholar Richard Gale have never talked about or written about Project 2025. Gary has said nothing to warn his listeners what another Trump presidency would look like. I’m sure he knew what was coming. He’s only concern about the dismantling of the deep state. What difference will that make if it’s replaced with another deep state, another shadow government one that dismantles the federal government (Democratic Government) step-by-step to have the country become a Christian Nationalist/Theocratic/Far Right Government run by a CEO/Dictator/Autocrat.
We can thank the Clintons and Obama for paving the way to a Trump presidency. And I wouldn't assume Null supports Trump, just because Trump wasn't mentioned in an interview.
He's Null to me.
Thanks for this great radio hour. Yourself and all guests.
USAID has a strong humanitarian component but they also have a nefarious side. My Peace Corps director was Director of USAID in SE Asia and spent a lot of time with generals flying around in helicopters. rural development? With regard to HIV treatment that all goes thru PEPFAR to both CDC and USAID. USAID Administrator reports to Secty of State. USAID always gets more money than CDC but USAID for years was ferociously against treatment which has both health benefits for those infected but also is the strongest prevention measure for spouses and infants of treated HIV + women. Both vertical and horizontal transmission. USAID hated that and defended other prevention measures which were basically pathetic. Eg. partners paid to Counsel women not to get infected. I am out of the loop now but was part of PEPFAR in two African countries with CDC.
I agree with you. There is a lot of evidence USAID has been working closely with the National Security agency to do bad things to other countries. Maybe it was not so bad, we just have to throw the thing out as Mr. Musk contends, but it may well need some serious overall. The same with the rest of the federal government bureaucracy.
Per Bloomberg I'm noting USS Truman has port call in Greece after bombing ISIS in Somalia? But Ansar Allah of Yemen will no doubt continue the blockade of Red Sea/ Suez Canal/ Israel as Zionist Trump looks the other way of settler IDF violence in the West Bank.
Another good program.
However, the good that is being done in the interest of government and transparency albeit with too much grandstanding which is almost never done by the left when they expose corporate corruption and criminality, should open up a lot of scandals largely on the left and how they've sought to monopolize the news cycles and steer untold billions to their lackeys.
For those with open minds I'd recommend the following substacks and links:
https://substack.com/@taibbi
https://x.com/DA_Stockman
https://www.zerohedge.com/political/usaid-funded-massive-global-state-propaganda-news-matrix-nearly-billion-people-reach
https://www.zerohedge.com/political/obama-appointed-judge-blocks-trump-admin-officials-access-sensitive-treasury-records
https://www.youtube.com/watch?v=yj9jXMEzCZY
https://www.malone.news/p/deep-state-deconstruction-usaid?fbclid=IwY2xjawIU1eRleHRuA2FlbQIxMAABHSxm8NJAydmpdI78PzwYPecEHcPanblrhF7QKdzCzosI4cZ6tVoTz5xFbg_aem_GEh4lYHzYNWHPSimgaIIhQ
Good comment.
https://www.nytimes.com/2025/02/10/opinion/treasure-secretaries-doge-musk.html
Serious questions and concerns are raised in this article, and on the basis of President Trump's disrespect for and flouting of the rule of law in the US, impeachment articles that are being raised are entirely appropriate. However full top to bottom audits of all federal agencies is entirely overdue. The funding USAID has been involved in looks very much like a CIA front; going into foreign countries, softening up populations with NGOs and humanitarian aid, then using their leverage to destabilize those countries and open up power for American monied interests. We should be thanking the DOGE team for increasing financial transparency which is totally overdue.Fraud and mismanagement are major problems with government spending. We should know about the actual CIA budget, together with the other intelligence agencies and the Pentagon as well as the Federal Reserve.
https://eko.substack.com/p/override
https://x.com/BillAckman
I will NEVER vote for another damn DemocRAT again!
Third party for me, from now on.
how can pressure be applied for change in the democratic party
Norm Solomon talked about at the Democratic Party becoming the party of anti-militarization. I don't see how this can happen as long as every Congressional district in the U.S.,relies on Pentagon money. That money provides jobs for the Representative's constituents. If a Congressperson loses that income, constituents lose jobs, and the Representative loses in the next election. That is why Pentagon funding bills always pass with a bi-partisan vote: you vote for my district's DOD money and I'll vote for yours.
I think Rep. Walter Jones (R-NC) represented a district that had military base in it. He came out vociferously against the Iraq War in 2004, having voted in favor of it previously. But, he kept being elected in his district. How did he do it? Also, strongly opposing one war does not necessarily mean one is anti-militarization.
Those are very depressing times. Listening to Mr. Fein and that the only way to get rid of the tyrant is impeachment does not help my state of mind. I am though, using what I heard here and some of my own worries to a meeting with my congressman's staff. Will have to meet with Senators' staff too. But I still have fantasies of what should happen to Musk and Trump. Not sorry for my thoughts.
Thank you, Russell, for the email note that the most recent issue (Nov/Dec) of the Capitol Hill citizen is running low. (I have mine.)
I would like to know where I can find the fourteen impeachable offenses noted to this point by your guest, Bruce Fein. I feel it a matter of great urgency to begin getting out "word of mouth" -- especially in the two Florida districts holding special elections on April 1. Barely 50 days away.
The list was fourteen when Bruce was on the show. I'm sure it's growing, and we're going to need access to a dynamic list. Bruce Fein is a treasure.
Dear Mr. Nader and Fein,
Thanks for the discussion regarding President Trump’s overreaching. I think, however, before going into the details, it is important for lawyers to carefully and accurately explain the limitations on Presidential power still recognized by Trump v. United States. Otherwise, we are causing more fear and polarization in our sad nation than is necessary.
Specifically, my sense is that most Americans have gained the impression the Supreme Court gave Trump a green light to do whatever he wants as President without fear of accountability. In my opinion, both the Democrats and President Trump are exploiting this notion for their own political reasons. From my reading of Trump v. United States, however, the Supreme Court did not give a greenlight to President Trump to act as a dictator. Quite the contrary, the Court provided specifics on how abuses of Presidential powers can be Constitutionally curbed. Here are my takeaways as an attorney of at least modest skills. Please correct me Mr. Nader, Mr. Fein or anyone else, if you disagree.
1. Every President, including Trump, remains accountable under the Impeachment Clause of the Constitution—regardless of whether or not they can be or have been prosecuted for a crime. They can then be thrown out of office—if Congress does its job.
2. Every President can be prosecuted while in office or afterwards if they do something outside the broad powers granted them by the Constitution. Thus, Presidents can be prosecuted and locked away if they commit criminal acts such as murder, theft, bribery, etc., although impeachment probably would occur before convictions were obtained. President Nixon, for instance, could have been criminally prosecuted for his roll in the Watergate break in and coverup (As memory serves me, he was generally identified as an unindicted co-conspirator and President Ford granted him a pardon.). Furthermore, Presidents can still be sued for violating the Emoluments Clause or anything else they are clearly prohibited from doing under the Constitution.
On the other hand, if Presidents act within their broad Constitutional powers, they cannot be criminally prosecuted while in office, although they still can be impeached. The way I read this, President Johnson’s actions in starting the Vietnam War and President Bush’s in starting the Iraq war, for instance, are not subject to criminal prosecution. Congress could still impeach them and throw them out of office if it so chose, however. Presidents sometimes have to act quickly and decisively without considering all the illegalities that might attach. The Court states, we cannot present evidence in a Court of law questioning their motives (Although we sure can in the court of public opinion).
3. Every President can be sued while in office if he or she violates powers Constitutionally provided to both the President and Congress or to Congress, alone. Thus, President Trump can and is being sued right now for exercising powers delegated to Congress, such as the power of the purse and the delegation of broad quasi-government powers to his donors, such as Mr. Musk. Likewise, he can be prosecuted and impeached if he unilaterally starts wars to take over other countries, such as Panama, Greenland or Gaza. If President Trump were to defy Congress and/or Court orders ruling against such actions, then he needs to be removed from office through impeachment, assuming, again, Congress would do its job. Depending on the circumstances, he might also be subject to criminal prosecution.
In summary, I, for one, am critical of many of the decisions our Court has been making, including first and foremost the Citizens United decision, which accounts in significant part for our government’s takeover by the oligarchs. But the separation of powers requirement of the Constitution makes Trump v. United States a tough one for any court. I can see fair logic in what this Court is stating. Especially as lawyers, I believe we need to explain to our fellow citizens the Court has not recognized that Presidents have full immunity from prosecution for anything they do while in office. Otherwise, we allow America to become more fearful and contentious than the situation requires.
Thanks for allowing me to add my comments.
Sincerely yours,
Erik Thueson
"...Presidents can be prosecuted and locked away if they commit criminal acts such as murder, theft, bribery, etc., although impeachment probably would occur before convictions were obtained..." According to your observation, PrimaDonald should have been prosecuted for instigating an attempted government overthrow which resulted in the deaths of two policemen and the injury of at least five individuals who were on White House property in January of 2021. Until I see different behavior from them I'm confident that our corporate-indentured Congress combined with a supine, Trump-loving Conservative Supreme Court will all but ensure that Orange Foolius will continue to do pretty much whatever he pleases--much to the delight of his constituents.
The Supreme Court dismissed those portions of the resurrection indictments they said were part of the broad Constitutional functions of the executive— not the entire case. Read the decision.
Oops insurrection
Perhaps I'm missing something, but since the president pardoned the perps anyway what difference does it make?
Dear Logan,
My original point was that Trump versus United States does not grant absolute immunity to the president. It gives him considerable immunity when he is carrying out the functions constitutionally granted to him, but that’s about all. At least in my reading of the decision. It was my opinion that given this, people should not waste time and energy on anger that it does more.
But our discussion, now, is getting a little bit off my major point. I could go down in those weeds, but we would end up into a long drawn out back-and-forth, where neither of us would be satisfied, but would waste a lot of energy.
So I’ll stick to the original point, but thanks for the inquiry.
Erik
Howdy Ralph,
In today's show you said "All we really have to do is be authentic and operational behind the basic Franklin Donald Roosevelt New Deal agenda brought up to date that I have repeated again and again."
Can you please layout what an updated New Deal agenda would be?
Thanks man.
Paul Kulas
Eagle, CO
Progressive income tax; taking on the banks and other oligarchs ("They hate me" as President Roosevelt stated.); social security; union rights, etc.
NUTANYAHU,
TRUMP & MUSK
WILL BE HUNG
BY JULY 24TH
MY JUST FINISHED PROTEST SIGN