When President Trump fired a Federal Trade Commission commissioner in 2025, it sparked a legal battle that went all the way to the Supreme Court — and ended up re-shaping the American government. In Trump v. Slaughter, the Court's conservative majority struck down nearly a century of precedent protecting independent agency heads from at-will presidential removal, handing the executive branch sweeping new authority over agencies Congress had designed to be nonpartisan.

On this season premiere episode of Democracy Decoded, host Simone Leeper explores what this ruling means for the separation of powers and the rule of law. Joined by NYU law professor Melissa Murray, retired federal judge Michael Luttig, and Campaign Legal Center's Brent Ferguson, Leeper examines how an increasingly emboldened executive, a passive Congress, and a compliant Supreme Court are eroding the constitutional safeguards that protect American democracy — and what citizens can do to push back before it's too late.

Episode Highlights:

2:01 — Why is the rule of law the foundation of democracy that rarely gets the headlines it deserves?

5:06 — Which traumas were the Framers responding to when they designed the Constitution?

6:05 — How fragile was the early American government before the Constitution was written?

10:53 — What is impoundment, how did Nixon weaponize it, and why is Trump bringing it back?

12:10 — What is the "shadow docket" and how has the Supreme Court been using it to side with Trump?

13:40 — What would Judge Luttig say to his old friend Chief Justice John Roberts if given the chance?

15:41 — Why does Judge Luttig say Trump v. United States destroyed a critical part of the structural Constitution?

19:03 — Has the Constitution itself failed — or have the people responsible for upholding it?

21:30 — What does the Trump v. Slaughter ruling actually mean for independent federal agencies?

23:10- — Why are the FEC and EAC uniquely vulnerable — and what is Campaign Legal Center doing to protect them?

25:52 — What did a 1952 Supreme Court justice foresee about executives who move too fast — and who was he really warning about?

31:13 — Who ultimately holds the power in American democracy, and what are they being called to do?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Melissa Murray is the Frederick I. and Grace Stokes Professor of Law at NYU School of Law, where she teaches constitutional law, family law, and reproductive rights and justice. She is a co-author of the #1 New York Times bestseller The Trump Indictments: The Historic Charging Documents with Commentary, and The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader. Her other writing has appeared in a range of legal and lay publications, including the Harvard Law Review, the Yale Law Journal, the New York Times, the Washington Post, and The Nation. Before joining the NYU Law faculty, Murray was the Alexander F. and May T. Morrison Professor of Law at the University of California, Berkeley, where she received the law school’s Rutter Award for Teaching Distinction, the Association of American Law Schools’ Derrick A. Bell Award, and, from March 2016 to June 2017, served as interim dean of the law school. Murray serves as a legal analyst for MSNOW and is a co-host of Strict Scrutiny, a Crooked Media podcast about the Supreme Court. A graduate of the University of Virginia and Yale Law School, Murray clerked for Sonia Sotomayor, then a judge of the U.S. Court of Appeals for the Second Circuit, and Stefan Underhill of the U.S. District Court for the District of Connecticut. She is a member of the American Law Institute and the New York bar.

Judge Michael Luttig served on the U.S. Court of Appeals for the Fourth Circuit for 15 years, from 1991 to 2006. He was Counselor and Special Advisor to The Coca-Cola Company and the Board of Directors of the Coca-Cola Company from January 2021 to January 2025. Prior to that, Judge Luttig was Counselor and Senior Advisor to The Boeing Company CEO and The Boeing Company Board of Directors from January 2019 to January 2020 and Executive Vice President and General Counsel of The Boeing Company from 2006 to 2020.

Before he was appointed to the Federal Bench by President George H.W. Bush in 1991, he served as Assistant Attorney General for the Office of Legal Counsel and Counselor to the Attorney General of the United States at the U.S. Department of Justice 1990-1991. He was Deputy Assistant Attorney General for the Office of Legal Counsel at the U.S. Department of Justice from 1989-1990. He was Assistant Counsel to the President at The White House from 1981 to 1982 under President Ronald Reagan. From 1982 to 1983, he was a law clerk to then-Judge Antonin Scalia of the U.S. Court of Appeals for the District of Columbia Circuit. From 1983 to 1985, he served as a law clerk and then Special Assistant to the Chief Justice of the United States, Warren E. Burger.

Judge Luttig was formerly Co-Chair of the American Bar Association Task Force for American Democracy, a Member of the Board of Trustees of the National Constitution Center, a Member of the Board of Trustees of the Thomas Jefferson/Monticello Foundation, and a Distinguished Fellow of the Karsh Institute of Democracy and the Karsh Center for Law and Democracy.

Brent Ferguson has worked on protecting and improving our democracy for most of his career. At Campaign Legal Center, he has led litigation teams challenging federal government overreach and seeking to invalidate state and federal laws that unlawfully purge voters, limit voter registration activity and otherwise prevent Americans from exercising their constitutionally protected rights. He has authored academic articles on election law and other constitutional issues in the Washington Law Review, the Cornell Journal of Law & Public Policy, the Emory Law Journal Online and elsewhere.  

Before coming to CLC, Brent was senior counsel at the National Redistricting Foundation, where he helped develop strategy for federal and state redistricting litigation. For four years, he served as counsel at the Brennan Center for Justice, focusing on campaign finance reform and working on a broad range of other democracy issues. He was also an assistant district attorney in the Manhattan District Attorney’s office, where he litigated appeals of public corruption convictions. He clerked for Judge Michael Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Jeffrey Miller of the U.S. District Court for the Southern District of California.  

Brent graduated from Columbia Law School (J.D. 2010), where he served on the administrative board of the Columbia Law Review. He graduated with honors in political science from the University of Southern California (B.A. 2006). Brent is admitted to practice in the District of Columbia and New York. He joined CLC in 2023.

Links:

Taking Action Against Presidential Abuses of Power

How Will Our Democracy Last Another 250 Years?

Independent Agencies Must Remain Independent

What the Latest SCOTUS Rulings Mean for Our Democracy and the Rule of Law

Trump is dismantling democracy at 'unprecedented' speed, global report finds

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. We fight for every American’s freedom to vote and participate meaningfully in the democratic process, particularly Americans who have faced political barriers because of race, ethnicity or economic status. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Our system of government is rooted in the Constitution and designed to ensure that power is shared, not concentrated in any one branch. But what happens when the institutions that were meant to hold one another accountable are tested in new and unprecedented ways?

Season 6 of Democracy Decoded examines some of the defining constitutional questions shaping American democracy today. From the separation of powers and the role of the Department of Justice, to presidential pardons, political dissent, citizenship, voting rights, and safeguarding our elections, each episode explores the legal principles, institutions, and people at the center of today's most consequential debates.

Through conversations with leading legal experts, advocates and policymakers, we'll unpack what's happening, why it matters and what these developments could mean for the future of our democracy. Going beyond the headlines, we also examine the constitutional framework behind the news; the checks and balances designed to protect our freedoms; and the challenges facing the rule of law in a rapidly evolving political landscape.

Whether you want to better understand the political events of the day or the Constitution itself, follow Democracy Decoded on Apple Podcasts, Spotify, or wherever you like to listen, to get the context, clarity, and insight required to make sense of this pivotal time for our country.

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. We fight for every American’s freedom to vote and participate meaningfully in the democratic process, particularly Americans who have faced political barriers because of race, ethnicity or economic status. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

We are beyond thrilled to announce Democracy Decoded once again has been nominated for a Webby Award in the category of Public Service & Activism podcasts! 

Please vote now for Democracy Decoded by the April 16 deadline to help our expert insights and analysis reach even more ears! 

How to Vote:

That’s it — you’re done! On behalf of the Democracy Decoded team and everyone at Campaign Legal Center, thank you!

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New voting restrictions across the country are threatening to make it harder for millions of Americans to participate in elections. In some states, these barriers have thrown long-registered voters into limbo, as Arizona voter James Wilson learned when he nearly lost his ability to vote because of strict new proof-of-citizenship rules. 

In this season finale, Democracy Decoded examines how these barriers to voting — along with an administration actively attempting to curtail the freedom to vote and a Supreme Court with voting rights cases on its docket — are reshaping access to the ballot.

Host Simone Leeper speaks with election law scholar Rick Hasen and Campaign Legal Center’s voting rights expert Danielle Lang to unpack the rise of new barriers to voting, the future of the Voting Rights Act, the dangers of executive overreach, and the policy solutions and reforms needed to secure the freedom to vote in 2026 and beyond.

Timestamps:

(00:00) — How did one Arizona voter nearly lose his right to vote?

(04:35) — Why are federal actions now threatening elections?

(06:50) — How do proof-of-citizenship laws disenfranchise voters?

(11:48) — What happened inside Arizona’s dual-track voting system?

(15:32) — Who is most affected by modern voting restrictions?

(21:36) — What role has the federal government historically played in protecting voting rights?

(23:49) — Why is the SAVE Act so bad for voting rights?

(25:16) — What is Campaign Legal Center doing to protect the freedom to vote in Louisiana?

(28:38) — What is Section 2 of the Voting Rights Act?

(30:06) — What is the Turtle Mountain v. Howe case?

(34:05) — What reforms are needed to protect elections in 2026 and beyond?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

James Wilson is a resident of Pinal County, Arizona. He’s passionate about voting and has done voter registration work for many years. He first registered to vote in Arizona in 1982 and has proudly voted in many elections since then.

Danielle Lang leads Campaign Legal Center's voting rights team dedicated to safeguarding the freedom to vote. She litigates in state and federal courts from trial to the Supreme Court, and advocates for equitable and meaningful voter access at all levels of government. Danielle has worked as a civil rights litigator her entire career. At CLC, she has led litigation against Texas's racially discriminatory voter ID law, Florida's modern-day poll tax for rights restoration, Arizona's burdensome registration requirements, North Dakota's voter ID law targeting Native communities and numerous successful challenges to signature match policies for absentee ballots. Previously, Danielle served as a Skadden Fellow in the Employment Rights Project of Bet Tzedek Legal Services in Los Angeles, where she represented low-wage immigrant workers in wage and hour, discrimination and human trafficking matters. From 2012 to 2013, Danielle clerked for Judge Richard A. Paez on the U.S. Court of Appeals for the Ninth Circuit.  

Professor Richard L. Hasen is the Gary T. Schwartz Endowed Chair in Law, Professor of Political Science (by courtesy) and Director of the Safeguarding Democracy Project at UCLA School of Law. He is an internationally recognized expert in election law, writing as well in the areas of legislation and statutory interpretation, remedies and torts. He is co-author of leading casebooks in election law and remedies. Hasen served in 2022 and 2024 as an NBC News/MSNBC Election Law Analyst. He was a CNN Election Law Analyst in 2020.


Links:

Voting Is an American Freedom. The President Can’t Change That – CLC

Victory! Anti-Voter Executive Order Halted in Court  – CLC

How CLC Is Pushing Back on the Trump Administration’s Anti-Voter Actions – CLC

Efforts to Undermine the Freedom to Vote, Explained – CLC

Why America Needs the John Lewis Voting Rights Advancement Act – CLC

Protecting the Freedom to Vote Through State Voting Rights Acts – CLC

What Does the U.S. Supreme Court’s Recent Arizona Decision Mean for Voters? – CLC

What You Need to Know About the SAVE Act  – CLC

In-Person Voting Access – CLC

Modernizing Voter Registration – CLC

A Raging Battle for Democracy One Year from the Midterms – Trevor Potter’s newsletter

Four Threats to Future Elections We Need to Discuss Now – Trevor Potter’s newsletter



About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Under our Constitution, the federal government and the states have distinct powers — especially when it comes to elections. But the Trump administration has repeatedly tried to interfere with how states run elections, pushing unlawful policies that undermine faith in safe, secure and accurate elections.

Host Simone Leeper sits down with Catie Kelley, Senior Director of Policy and Strategic Partnerships at Campaign Legal Center, and Jonathan Diaz, CLC’s Director of Voting Advocacy and Partnerships, to examine how the Trump administration has attempted to federalize elections, impose unconstitutional voter restrictions and silence Americans.

They unpack CLC’s major court victory against the administration’s unlawful election executive order; explain how new proof-of-citizenship requirements could disenfranchise millions of voters; and discuss lawsuits defending states’ rights and voters’ privacy against federal overreach. They also explore broader threats—from troubling legislation and to presidential attacks on mail-in voting—and what Campaign Legal Center is doing to preserve checks and balances, protect election integrity and defend every American’s freedom to vote.

Timestamps:
(00:00) — What does “federalism” mean, and why is it under attack?

(02:50) — How is the Trump administration overstepping its authority on elections?

(06:44) — What lawsuits has CLC filed to stop the president’s election overreach?

(07:58) — Why are proof-of-citizenship rules so dangerous for voters?

(11:28) — How are military families impacted by new voting restrictions?

(14:50) — Why is the DOJ demanding states’ voter data—and why is it alarming?

(17:56) — How are states pushing back to defend their power and voters’ privacy?

(19:10) — What is the SAVE Act, and how could it silence millions of voters?

(25:16) — Why is mail-in voting under attack again?

(28:41) — How does misinformation from the president erode trust in elections?

(30:51) — What lessons from 2024 should shape the 2026 midterms?

(34:04) — What can states do to strengthen confidence in elections?

(36:24) — What should voters remember heading into 2026 and beyond?

(40:17) — How can Americans hold the line for democracy?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Catie Kelley is Senior Director of Policy & Strategic Partnerships at Campaign Legal Center. Catie oversees CLC's policy work at the federal, state and local levels. She is leading CLC's work to address the emerging threats of election sabotage. Previously, Catie built and ran CLC's state campaign finance program. In that capacity, she worked with state and local stakeholders and policymakers to advance innovative policies designed to decrease the influence of money in the political process. She began her legal career in the Federal Election Commission's Office of General Counsel.

Jonathan Diaz is Director of Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan advocates for laws and policies that expand the freedom to vote for all Americans; leads CLC's work on combatting election sabotage; and coordinates CLC's relationships with national, state and local voting rights partners.

Jonathan manages CLC's work to protect election results and defend against election sabotage, and he works directly with CLC's litigation, communications and policy teams to help set organizational strategy on voting rights and elections advocacy. He also works directly with election officials at the state and local level to improve election administration processes, and he represents CLC in democracy reform coalitions to coordinate legal, advocacy and messaging strategies with partner organizations across the country.

Jonathan has also litigated voting rights cases in federal courts across the country, including LULAC v. Executive Office of the President (challenging the President's unconstitutional executive order on voting); LUCHA v. Fontes (challenging Arizona's burdensome and discriminatory proof-of-citizenship requirements for voter registration); VoteAmerica v. Raffensperger (challenging Georgia's restrictions on the distribution of absentee ballot applications); and Raysor v. Lee (challenging Florida's conditioning of rights restoration for voters with past felony convictions on the payment of legal financial obligations).

Links:

Victory! Anti-Voter Executive Order Halted in Court  – CLC
Voting Is an American Freedom. The President Can’t Change That – CLC
How CLC Is Pushing Back on the Trump Administration’s Anti-Voter Actions – CLC
Taking Action Against Presidential Abuses of Power  – CLC
What You Need to Know About the SAVE Act  – CLC
Vote-By-Mail: A Secure and Accessible Way to Cast Your Ballot  – CLC
A Raging Battle for Democracy One Year from the Midterms – Trevor Potter’s newsletter

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Host Simone Leeper shares a quick Election Day 2025 update — Campaign Legal Center staff worked to safeguard elections; millions of Americans exercised their freedom to vote in states across the country; and Democracy Decoded will return next week with lessons learned from this and past elections that we will carry with us into 2026 and beyond.
 

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Gerrymandering—the manipulation of voting maps for partisan gain—has been part of American politics since its founding, but today, the problem is reaching a breaking point.

In this episode, host Simone Leeper shares the story of Vicki and Malcolm Reed, a Utah couple who Campaign Legal Center are representing in a landmark lawsuit defending voters’ rights, alongside Mark Gaber, CLC’s Senior Director of Redistricting. Together, they trace how Utahns fought back after lawmakers attempted to overturn a voter-approved ballot measure that created a citizen-led independent  redistricting commission—and how the Utah Supreme Court ultimately sided with voters.

As Malcolm and Vicki’s story unfolds, we also highlight how the current wave of mid-decade redistricting arms race that started in Texas and is now spilling into other  states threatens to weaken voters’ voices nationwide.  We explore how voters, courts and Congress can act to restore fairness to America’s elections and ensure that voters — not politicians — decide the outcome.

Timestamps:

(00:01) — Who are Vicki and Malcolm Reed, and why did they take on Utah’s legislature?

(02:10) — What is gerrymandering, and how does it work?

(05:11) — How did the framers envision fair representation?

(10:10) — What is redistricting, and why does it matter for voters?

(11:25) — What was Utah’s Proposition 4, and how did it aim to end gerrymandering?

(14:42) — What’s the difference between racial and partisan gerrymandering?

(15:12) — How do “packing” and “cracking” weaken voters’ power?

(16:02) — How has technology supercharged modern gerrymandering?

(17:12) — How did Utah lawmakers gut the independent redistricting commission?

(20:44) — Why did Campaign Legal Center sue the Utah legislature?

(23:22) — What happened when CLC argued the case before the Utah Supreme Court?

(25:15) — What did the unanimous court decision mean for Utah voters?

(28:50) — What is happening right now in Texas and other states across the country?

(32:55) — What federal laws could end gerrymandering nationwide?

(36:13) — Why should the fight for fair maps in Utah give us hope for democracy?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Malcolm and Vicki Reid have been residents of Salt Lake County, Utah for over seven years. Malcolm is registered as a Democrat and Vicki is registered as a Republican but they both consider themselves moderates.Civic engagement is very important to both Malcolm and Vicki and they participated as plaintiffs in the case LWV Utah and MWEG v. Utah State Legislature advocating for fair maps for Utahns.

Mark Gaber manages Campaign Legal Center’s redistricting litigation and policy program, which seeks to achieve fair maps for racial and language minority groups, and to curb the influence of partisanship in redistricting.

Mark has led CLC’s redistricting program to major successes since the 2020 Census. He argued for petitioners in the Wisconsin Supreme Court in Clarke v. Wisconsin Election Commission, which resulted in the invalidation of Wisconsin’s state legislative maps and the transformation of the state’s legislative maps from being among the most politically skewed to among the most politically fair in the country. 

He is lead counsel in League of Women Voters of Utah v. Utah State Legislature, in which CLC has successfully challenged the Utah legislature’s repeal of a voter-adopted initiative reforming the state’s redistricting process and its enactment of an extremely gerrymandered congressional map. In that case, Mark has (to date) argued twice in the Utah Supreme Court, resulting in two unanimous decisions in favor of CLC’s clients.

Mark has also led CLC’s redistricting team to victories enforcing the Voting Rights Act (VRA). These include two cases on behalf of North Dakota’s Native American voters, where he has argued in the Eighth Circuit against a challenge aiming to neutralize the VRA by precluding citizens from filing suit and where CLC’s clients have secured two legislative districts providing Native American voters an equal opportunity to elect their preferred candidates. Mark also led CLC’s successful challenge to Washington’s legislative map, which was found to discriminate against Latino voters in the Yakima region, and CLC’s ongoing challenge to the racially discriminatory Galveston County, Texas, map.

Links:

Cartoon, "The Gerry-Mander", 1813 — Smithsonian
 

Gerrymandering: The Origin Story — Library of Congress Blogs
 

LWV Utah and MWEG v. Utah State Legislature — CLC
 

Voting Rights Groups Sue To Ensure All Utah Voters Have a Voice — CLC
 

Opinion: Why we sued Utah lawmakers for alleged gerrymandering — Desert News
 

CLC, Utahns Score Huge Victory in the Fight for Fair Maps — CLC
 

Utahns Score Huge Victory Voiding Amendment D — CLC
 

What Is Gerrymandering? — CLC
 

How Can We Combat Gerrymandering? — CLC
 

Do Independent Redistricting Commissions Really Prevent Gerrymandering? Yes, They Do — CLC
 

New Report Outlines How to Make a Redistricting Commission Effective — CLC
 

Independent Redistricting Commissions: Primer and Best Practices — CLC
 

Redistricting Commissions in the 2021 Redistricting Cycle — CLC
 

League of Women Voters on the Utah win — LWV
 

Understanding the Current High Stakes Redistricting Fight – Trevor Potter’s Newsletter
 

Inside the Trump Administration’s Efforts to Discriminate Against Texas’ Black and Latino Voters — CLC

 

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracy

In this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.

Timestamps:

(00:05) — Why were federal troops deployed in Los Angeles?

(05:11) — Can the president legally invoke emergency powers?

(07:31) — How did the Founders limit presidential authority?

(09:14) — When did executive orders begin to expand presidential power?

(10:25) — How did FDR and later presidents redefine the presidency?

(13:04) — What did Nixon’s “If the president does it, it’s not illegal” comment really mean?

(15:22) — What are the origins of the so-called unitary executive theory?

(18:21) — How are checks and balances failing?

(19:42) — Is America sliding toward authoritarianism?

(27:57) — How is Campaign Legal Center fighting unlawful presidential overreach through litigation?

(30:00) — Why does birthright citizenship matter for American democracy?

(33:13) — What can be done to stop abuses of presidential authority?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC’s CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization’s advocacy initiatives and action-oriented programs.

Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.

Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University, CNN Presidential Historian and a contributing editor at Vanity Fair. He works in many capacities in the world of public history, including on boards, museums, colleges and historical societies. The Chicago Tribune dubbed him “America’s New Past Master.” The New York Historical has chosen Brinkley as their official U.S. Presidential Historian. His recent book Cronkite won the Sperber Prize, while The Great Deluge: Hurricane Katrina, New Orleans and the Mississippi Gulf Coast received the Robert F. Kennedy Book Award. He has received a Grammy Award for Presidential Suite and seven honorary doctorates in American Studies. His two-volume annotated The Nixon Tapes recently won the Arthur S. Link – Warren F. Kuehl Prize. He is a member of the Century Association, Council of Foreign Relations and the James Madison Council of the Library of Congress. He lives in Austin, Texas, with his wife and three children.

Adav Noti coordinates all of Campaign Legal Center's operations and programmatic activities, overseeing CLC's efforts to protect elections, advance voter freedom, fix the campaign finance system, ensure fair redistricting and promote government ethics. Adav has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio and print journalism.

Links:
 

Voting Is an American Freedom. The President Can’t Change That – CLC 
 

What Are Executive Orders and How Do They Work? – CLC 
 

The Significance of Firing Inspectors General: Explained – CLC 
 

CLC's Kedric Payne on Trump's Brazen Removal of Nation’s Top Ethics Official – CLC 
 

The Justice Department Is In Danger Of Losing Its Way Under Trump – CLC 
 

It’s almost Inauguration Day. Will there be any checks on Trump’s power? – Trevor Potter op-d in The Hill
 

Amidst the Noise and Confusion – Trevor Potter’s newsletter
 

Understanding Corruption and Conflicts of Interest in Government | Campaign Legal Center – CLC 
 

CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab | Campaign Legal Center – CLC 
 

Trump’s Executive Orders 2025 – Federal Register 
 

Preserving and Protecting the Integrity of American Elections (Trump’s EO on voting) – The White House 
 

Defending the Freedom to Vote from the Trump Administration’s Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President) – CLC 
 

CLC Sues to Block Trump Administration’s Illegal Election Overreach – CLC 
 

Victory! Anti-Voter Executive Order Halted in Court – CLC 
 

Understanding the election tech implications in the Trump Administration’s executive order – Verified Voting 
 

Independent Agencies Must Remain Independent – CLC 
 

Can President Trump Do That? – CLC 
 

Why Birthright Citizenship Is an Essential Part of Our Democracy – CLC 
 

Authoritarianism, explained – Protect Democracy
 

The Authoritarian Playbook – Protect Democracy
 

U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions – CLC 
 

Reconciliation Bill Passes the Senate Without Two Dangerous Provisions: Campaign Legal Center Reacts – CLC 
 

The “Self-Evident” Case for Opposing Tyranny – Trevor Potter’s Newsletter
 

White House Eyes Rarely Used Power to Override Congress on Spending – NY Times

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Corruption defines both the perception and reality of government, eroding trust and even threatening national security. Today, the safeguards meant to keep our government accountable are failing. From the mass firing of inspectors general to congressional stock trading and Supreme Court ethics scandals, abuses of power are weakening public trust and raising fears that the U.S. could slide toward kleptocracy.

In this episode, host Simone Leeper speaks with Mark Lee Greenblatt, former Inspector General of the U.S. Department of the Interior; Jodi Vittori, Georgetown University professor and expert on corruption and national security; and Kedric Payne, Vice President and General Counsel at Campaign Legal Center. Together, they trace America’s long fight against corruption — from the founders’ earliest fears to Watergate reforms — and examine how today’s failures of accountability threaten American democracy. The episode closes with solutions for restoring integrity, eliminating conflicts of interest and rebuilding trust in American government.

Timestamps:

(00:05) — Why did Trump fire 17 inspectors general?

(07:36) — How has corruption shaped U.S. history?

(11:14) — What reforms followed Watergate?

(18:22) — Why does corruption feel worse in daily life now?

(23:01) — How did Trump weaken watchdog offices and ethics enforcement?

(28:47) — Why does congressional stock trading undermine trust?

(33:58) — What do Supreme Court ethics scandals reveal?

(39:59) — Could the U.S. slide toward kleptocracy?

(46:04) — How does corruption threaten national security?

(56:57) — What reforms could restore accountability and integrity?

 

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Mark Lee Greenblatt is an expert on government ethics and compliance, an attorney and author. Most recently, he served as Inspector General for the U.S. Department of the Interior. His work bolstered the integrity of the agency’s programs, rooting out waste, fraud, and abuse in the Department’s $10 billion in grants and contracts and $12 billion in natural resource royalties. Mark was elected by the 74 Inspectors General to serve as the Chairman of the Council of the Inspectors General on Integrity and Efficiency in 2022. He previously served in leadership roles at the U.S. Department of Commerce Office of Inspector General and the U.S. Senate Permanent Subcommittee on Investigations. He also served as an investigative counsel at the U.S. Department of Justice. He clerked for U.S. District Judge Anita Brody and was a litigator in two international law firms. Mark is the author of Valor, which tells untold stories of 21st century American soldiers, sailors and Marines who faced gut-wrenching decisions to overcome enormous odds. He is a frequent speaker at industry events, and he regularly appears in the news media. He graduated from Columbia University School of Law, where he was a Harlan Fiske Stone scholar, and he earned his undergraduate degree from Duke University.

Jodi Vittori is an expert on the linkages of corruption, state fragility, illicit finance and U.S. national security. She is a Professor of Practice and co-chair of the Global Politics and Security program at Georgetown University’s School of Foreign Service. Jodi is also an associate fellow with RUSI’s Centre for Finance and Security and was previously a non-resident fellow with the Carnegie Endowment for International Peace. Before joining the Georgetown University faculty, she was the U.S. Research and Policy Manager for Transparency International’s Defense and Security Program and a senior policy advisor for Global Witness. Jodi also served in the U.S. Air Force; her overseas service included Afghanistan, Iraq, South Korea, Bosnia-Herzegovina, Saudi Arabia and Bahrain, and she was assigned to NATO’s only counter-corruption task force. She was an Assistant Professor and military faculty at the US Air Force Academy and the National Defense University. Jodi is also a founder and co-moderator of the Anti-Corruption Advocacy Network (ACAN), which facilitates information exchange on corruption-related issues amongst over 1,000 participating individuals and organizations worldwide. She is a graduate of the U.S. Air Force Academy and received her PhD in International Studies from the University of Denver.

Kedric Payne leads the government ethics program at Campaign Legal Center, where he works to strengthen ethics laws and hold public officials accountable at the federal, state and local levels. He conducts investigations into government corruption and initiates legal actions against officials who violate the law. At CLC, Kedric has been at the forefront of advancing reforms on issues such as congressional stock trading, Supreme Court ethics enforcement, executive branch conflicts of interest, and state ethics commission autonomy. His legal work and analysis have been featured in major media outlets. He has also testified at congressional hearings on government ethics and accountability. Before joining CLC, Kedric built a broad legal career across all three branches of the federal government and in private practice. He began as a litigator at Cravath and later practiced political law at Skadden. He went on to serve as Deputy Chief Counsel at the Office of Congressional Ethics and as a Deputy General Counsel at the U.S. Department of Energy, where he advised on federal ethics laws. Earlier in his career, he clerked for the U.S. District Court for the Southern District of New York.

Links:

Understanding Corruption and Conflicts of Interest in Government – CLC
 

Holding Government Officials Accountable for Unlawful Conflict of Interest Violations – CLC
 

Ethics Pledges by Trump Cabinet Draw Questions and Skepticism – NY Times
 

CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab – CLC
 

Elon Musk Stands to Gain Even More Wealth by Serving in Trump’s Administration – CLC
 

Is Musk Using the FAA to Benefit Himself and His SpaceX Subsidiary, Starlink? – CLC
 

Have Wealthy Donors Bought the Trump Administration? – CLC
 

How a Second Term Introduces More Conflicts of Interest for Trump – CLC
 

CLC's Kedric Payne on Trump's Brazen Removal of Nation’s Top Ethics Official – CLC
 

The public won't get to see Elon Musk's financial disclosures. Here's why that matters.  – CBS 
 

Justice Clarence Thomas Should Be Held Accountable Under Federal Ethics Law – CLC
 

Judicial Conference Decision Lowers Ethics Standards for Federal Judges and U.S. Supreme Court – CLC
 

Improving Ethics Standards at the Supreme Court – CLC
 

The Justice Department Is In Danger Of Losing Its Way Under Trump – CLC
 

Congress Has an Ethics Problem. Now It’s Trying to Get Rid of Ethics Enforcement – CLC
 

A Win for Ethics: CLC, Partners Succeed in Preserving Office of Congressional Conduct – CLC
 

Crypto Political Fundraising Raises Questions About Senate Ethics Committee Efficacy – CLC
 

Stopping the Revolving Door: Preventing Conflicts of Interest from Former Lobbyists – CLC
 

The Trump Administration Has Opened the Door to More Corruption – CLC
 

Solving the Congressional Stock Trading Problem – CLC

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The foundation of our democracy is the Constitution, a system of checks and balances and the rule of law. But today, those cornerstones are being blatantly disrespected by a presidential administration attempting to consolidate power at all costs..

In this episode, host Simone Leeper is joined by Campaign Legal Center litigators Anna Baldwin and Brent Ferguson. They examine the most pressing examples of the erosion of the rule of law, from the politicization of the Department of Justice to the stifling of free speech. Along the way, they highlight how Congress and the courts have failed as effective checks — leaving civil society and citizens to defend constitutional principles — and explore the reforms that could restore accountability, protect the rule of law and strengthen democracy against threats.

Timestamps:

(00:05) — Why is free speech under attack in the U.S.?

(03:50) — How is political opposition being falsely linked to political violence?

(05:38) — Why is deploying federal troops in U.S. cities a threat to democracy?

(09:50) — How are Congress and the courts failing to check presidential abuses of power?

(15:09) — How has the DOJ been transformed into a political tool?

(20:17) — Why is the Voting Rights Act no longer being enforced?

(21:17) — What’s at stake with the DOJ’s demand for voter data?

(27:27) — How is CLC challenging unlawful executive orders?

(32:30) — What reforms are needed to restore checks and balances?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Anna Baldwin is a member of Campaign Legal Center's voting rights team working to protect the freedom to vote, litigating cases in state and federal courts, from filing through appeal to the Supreme Court. Prior to joining CLC, Anna spent 14 years in the Civil Rights Division of the U.S. Department of Justice. In North Carolina State Conference of the NAACP v. McCrory, Anna led briefing and appellate argument for the United States to overturn a North Carolina law that purposefully restricted voting and registration opportunities for Black voters in violation of Section 2 of the Voting Rights Act. Anna was also a member of the trial team that successfully challenged Texas’s racially discriminatory voter ID law. Anna has argued eighteen cases before the federal courts of appeal, including four en banc cases. Previously, Anna was an associate in the Washington D.C. office of Jenner & Block LLP, and clerked for Judge James Robertson on the U.S. District Court for the District of Columbia, and for Judge M. Blane Michael on the U.S. Court of Appeals for the Fourth Circuit.

Brent Ferguson leads Campaign Legal Center's strategic litigation team, focusing on anti-authoritarianism and litigating in all areas of election law. Brent has worked on protecting and improving our democracy for most of his career. At CLC, he has led litigation teams challenging state and federal laws and policies that seek to unlawfully purge voters, limit voter registration activity and otherwise prevent Americans from exercising their constitutionally protected rights. He has authored academic articles on election law and other constitutional issues in the Washington Law Review, the Cornell Journal of Law & Public Policy, the Emory Law Journal Online and elsewhere. 

Before coming to CLC, Brent was senior counsel at the National Redistricting Foundation, where he helped develop strategy for federal and state redistricting litigation. For four years, he served as counsel at the Brennan Center for Justice, focusing on campaign finance reform and working on a broad range of other democracy issues. He was also an assistant district attorney in the Manhattan District Attorney’s office, where he litigated appeals of public corruption convictions. He clerked for Judge Michael Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Jeffrey Miller of the U.S. District Court for the Southern District of California.

Links:

Taking Action Against Presidential Abuses of Power | Campaign Legal Center

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.