Host Jan Baran welcomes back Josh Gerstein, Senior Legal Affairs Reporter for Politico, for a comprehensive review of the litigation landscape surrounding the Trump administration. They dive into the Supreme Court's increasingly prominent "shadow docket" and how it has become essential for advancing presidential agendas through executive action rather than legislation.

The conversation covers major legal flashpoints including immigration enforcement cases, National Guard deployments in California, Oregon, and Illinois, and the administration's removal of officials from independent agencies. Josh and Jan explore the unprecedented criticism of the Supreme Court by lower court judges, growing concerns about judicial security, and the tension between executive power and judicial review.

They also preview significant upcoming cases, including Louisiana v. Callais on voting rights and race-conscious redistricting, and a potentially landmark tariffs case with broad implications for the balance of power between the executive and legislative branches. The discussion highlights how recent Senate confirmation process changes could reshape federal agencies and examines the legal doctrine of the "Unitary Executive."

About Josh Gerstein

Josh Gerstein is Politico’s Senior Legal Affairs Reporter. Gerstein covers the intersection of law and politics, including Special Counsel Robert Mueller’s investigation of President Donald Trump and his associates, as well as ensuing counter-investigations into the origins of the FBI’s initial inquiry into the Trump-Russia saga. While not a lawyer, Gerstein spent more time in courtrooms and reading legal pleadings than many members of the bar.

For more than a decade, he has taken Politico readers inside the most celebrated political trials of our era, involving figures like former Sen. John Edwards (D-N.C.), former White House counsel Greg Craig, longtime Trump confidant Roger Stone and former Trump campaign manager Paul Manafort.

Gerstein also reports on the Justice Department and legal controversies, including Supreme Court showdowns over same-sex marriage and Obamacare, all of the recent Supreme Court nominations, criminal justice reform and battles over executive privilege. Gerstein attended Harvard College and received a bachelor’s degree, magna cum laude, in government.

Host Jan Baran sits down with Coinbase Chief Policy Officer Faryar Shirzad for an educational and illuminating deep dive into cryptocurrency's intersection with law and politics. Faryar, whose journey from Iranian diplomat's son to White House advisor to Goldman Sachs executive led him to crypto's frontier, breaks down the complex technology in refreshingly accessible terms. He explains how the recently passed Genius Act creates the framework for dollar-backed "stablecoins" - essentially digital dollars that can transfer peer-to-peer without traditional banking intermediaries - and why this represents the next evolution of the internet's promise to eliminate middlemen.

The conversation reveals crypto's surprising political transformation from niche technology to major electoral force. Faryar details how Coinbase helped build the largest political operation any industry has ever assembled, mobilizing 2.4 million advocates through “Stand with Crypto” and strategic Super PAC spending to combat what he describes as the prior administration's "disgraceful" targeting of crypto users. With 60% of crypto advocates being Democrats but 54% voting for Trump in 2024, the crypto voter bloc has emerged as a genuinely bipartisan political force that could reshape future elections - making this episode essential listening for anyone trying to understand where money, technology, and politics intersect in modern America.

About Faryar Shirzad

Faryar Shirzad is Chief Policy Officer at Coinbase, where he leads the company’s
engagement with policymakers around the world and has become a trusted source for thought leadership in the global crypto policy space. Under Faryar’s leadership, Coinbase has become a driver of crypto-regulation discourse in the U.S. He oversaw the creation of Coinbase’s Digital Asset Policy Proposal (or dApp), which laid out a fit-for-purpose regulatory framework for the rapidly-emerging industry and was recognized as “a dramatic shift from current policy in the United States”, sparking an ongoing conversation on how crypto should be regulated while safeguarding American innovation. 

Before joining Coinbase, Faryar was Global Co-Head of Government Affairs at Goldman Sachs. He has served as counsel to the highest levels of the U.S. government, including as deputy national security advisor for international economic affairs for President George W. Bush. In that role, he served as The President’s personal representative to the G-8 (the “G-8 Sherpa”). Prior to his time in the White House, Faryar was assistant secretary for import administration at the U.S. Department of Commerce and international trade counsel to the U.S. Senate Committee on Finance. Earlier in his career, he practiced law in Washington, DC. Faryar earned a JD from the University of Virginia School of Law, a MPP from the John F. Kennedy School of Government at Harvard University, and a BS from the University of Maryland, College Park.

Jan Baran speaks with Artificial Intelligence (AI) legal expert. lawyer and teacher, Oliver Roberts, to speak about AI, its birth, its forms, and how people have historically used and are currently using the ever-changing technology.  They discuss further about how AI has changed the way lawyers practice, how the courts are using it, what questions clients are asking in RFPs related to technology, and why the big law firms are investing in AI.  

There are plenty of upsides to using AI; but what is “AI hallucination?”  Old school legal tech companies are incorporating advanced AI and new AI legal products are being promoted throughout the industry; however, any information collected through AI still requires lawyers and others to check for any false or misleading information.  Spoiler Alert: Using AI may be quicker a way to research or write initially, but the AI hallucination rate can be high. 

Oliver also discusses recent attempts to regulate AI, including an effort at the Federal Election Commission.

About Oliver Roberts

Oliver Roberts is an Adjunct Professor of Law at Washington University in St. Louis School of Law and Co-Director of the WashU Law AI Collaborative. He is also Co-Head of the AI Practice Group at Holtzman Vogel law firm, Editor-in-Chief of the AI & the Law publication at The National Law Review, and the Founder and CEO of Wickard.ai. 

Oliver regularly lectures on AI at law schools throughout the United States and internationally. His recent teaching includes the course “AI & the Practice of Law” at WashU Law, the nation’s first required AI law school course at Case Western Reserve School of Law, and the first legal AI education program at Addis Ababa University School of Law in Ethiopia. 

Oliver graduated from Harvard Law School and Villanova University. Before founding Wickard.ai, Oliver practiced at Skadden Arps and Jones Day and previously founded a technology startup focused on employment solutions. His legal achievements include successfully arguing twice before the Third Circuit Court of Appeals and securing a cert denial at the U.S. Supreme Court, preserving one of his appellate victories. Oliver is admitted to practice law in New York, Texas, and Washington D.C.

In this episode of Early Returns, Jan Baran speaks with Brody Mullins, co-author of “The Wolves of K Street” and Pulitzer Prize winning Wall Street Journal journalist, about the historical, present and future world of lobbyists in the U.S.  When our founding fathers created the Constitution, they believed there would be both industry and worker factions lobbying towards a greater good.  Then, eventually big money took over big government and legal reforms were introduced.  They discuss the effect the legal reforms have had on the legitimacy of lobbying.  Did they help the public view of what was happening in Washington?  Did the reforms take it too far? And now that President Trump is at the helm and he is issuing executive orders, what does this mean for the future of lobbying?  

About Brody Mullins

Brody Mullins is a Pulitzer Prize-winning investigative reporter and author of The Wolves of K Street: The Secret History of How Big Money Took over Big Government. The book, published by Simon & Schuster, is the definitive account of the rise of corporate power and lobbying in Washington. In two decades as an investigative reporter for The Wall Street Journal, Brody wrote scores of ground-breaking stories about the intersection of business and politics, exposing scandals that prompted new laws and regulations for powerful government officials, lobbyists and Wall Street traders.

In addition to the Pulitzer Prize, Brody won the George Polk Award and was twice won the Everett Dirksen Award for best coverage of Congress. Washingtonian calls him one of the 50 best reporters in politics. He has appeared on Fox, CNN, MSNBC and his work has been published by The Washington Post, New York Times, Vanity Fair, Politico and The Atlantic.

Brody grew up in Washington, D.C. and graduated from Gonzaga College High School and Northwestern University. He lives in Washington, D.C. with his wife, two daughters and son.

In this episode, Jan Baran speaks with the Vice Chair of the Federal Election Commission (“FEC”), Trey Trainor.  Born and raised in Texas, Commissioner Trainor discusses his career, his route to the FEC, the tracking of campaign donors through technology, the future of the Commission, and its role with the Department of Justice in campaign finance investigations.  Given that the FEC is responsible for administering and enforcing our federal campaign finance laws, they discuss the New York case against President Trump which alleged illegal hush money payments.  Who decides whether there were any campaign finance violations?  The Commissioner talks about his observations and the unusual role of the DOJ in the case against the president.

About James E. “Trey” Trainor III

James E. "Trey" Trainor III was nominated by President Donald J. Trump and confirmed by the United States Senate on May 19, 2020. He was appointed to a term ending April 30, 2023. 

Commissioner Trainor, of Driftwood, Texas, has practiced law for two decades, particularly in the areas of election law, campaign finance law and ethics. He has served as General Counsel to the Texas Secretary of State and Counsel to the Texas House Committee on Regulated Industries, and has represented the Texas Republican Party and two presidential campaigns. Commissioner Trainor has also served on the Advisory Board of the United States Election Assistance Commission. Prior to joining the Commission, Commissioner Trainor was a partner at Akerman, LLP, and had his own private practice.

Commissioner Trainor graduated from Texas A&M University (Corps of Cadets member) in 1997. He was honorably discharged from the U.S. Army Reserves in 2000 and earned his law degree from Texas A&M University School of Law in 2002.

Attorney General of Virginia and son of an immigrant who fled Fidel Castro’s Cuba, Jason Miyares, has recently announced his campaign for reelection and now talks with Jan Baran about the role of attorney general and the issues facing Virginia.

AG Miyares reveals his journey growing up in Virginia Beach and his path to his current office.  He also discusses the pre-election lawsuit by the Department of Justice which unsuccessfully challenged Virginia’s deletion of non-citizens from voter rolls, his advocacy for handling illegal immigration and associated crime, and the failure of state and local agencies to collaborate with federal immigration officials.

About Attorney General Jason Miyares

In November 2021, Jason Miyares (pronounced me-YAR-ez) was elected the 48th Attorney General of Virginia. Prior to this position, Miyares served in the Virginia House of Delegates for three terms, and before that, worked as an Assistant Commonwealth’s Attorney in Virginia Beach. A product of Virginia public schools, Jason graduated with a Bachelor's in Business Administration from James Madison University and a Juris Doctorate from the College of William and Mary School of Law. As Attorney General, Miyares has been focused on improving public safety, strengthening economic growth, combatting the deadly impact of opioids and fentanyl, and protecting Virginians from corporate misconduct.

Jason Miyares is the first Hispanic American to be elected to a statewide office in Virginia, and the first child of an immigrant to be Attorney General. At the beginning of his administration, Miyares launched Operation Ceasefire, a comprehensive approach to fighting violent crime by focusing on intervention and aggressive prosecution of gun crimes. His office has secured over $1 billion in opioid settlements for drug addiction and recovery from pharmaceutical manufacturers and distributors, holding them accountable for their role in the opioid epidemic. 

Fighting Human Trafficking has been a top priority for Attorney General Miyares. His office has pushed bipartisan legislation to raise awareness for human trafficking and create new training resources for first year college students and hospitality workers. In addition, Miyares launched “100% Business Alliance Against Trafficking,” a new workforce training initiative for businesses to educate their employees on how to recognize possible trafficking incidents within their business communities.

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former President Donald Trump, the pending legal cases against him, and the 2024 presidential election. Indeed, the justices have ruled on constitutional, political, and cultural controversies in recent years in ways that have eroded the public’s confidence in the Court.  

Josh Gerstein, POLITICO’s Senior Legal Affairs Reporter, has watched it all.  He joins Jan to discuss the ramifications of these decisions, how our Supreme Court justices are also being judged for their alleged partisan opinions, and the Court’s investigation after he reported on the leaked decision that reversed Roe v. Wade.

About Josh Gerstein

Josh Gerstein is POLITICO’s Senior Legal Affairs Reporter and covers the intersection of law and politics. While not a lawyer, Gerstein’s spent more time in courtrooms and more time reading legal pleadings than many members of the bar. Gerstein attended Harvard College and received a bachelor’s degree, magna cum laude, in government.

For more information on Josh's impressive background, you may read his full bio here: Josh Gerstein - POLITICO.

Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers.  A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court.  

In this episode, Jan speaks with Kannon about his Midwest upbringing, his route to being a lawyer, his exceptional career, and his times before the Supreme Court.  They discuss his most memorable case, Maryland v King, involving DNA and the Fourth Amendment; he shares his observations about the Dobbs decision leak at the Court; and they recall the campaign finance case, McConnell v. FEC (how Jan and Kannon met) which largely upheld the Bipartisan Campaign Reform Act, otherwise known as McCain-Feingold.

About Kannon Shamugam

Kannon Shanmugam is a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison.  He is chair of the firm’s Supreme Court and appellate litigation practice, chair of the Washington office, and co-chair of the litigation department.  Kannon is widely recognized as one of the nation’s top appellate litigators.  Kannon has argued 38 cases before the Supreme Court, including 29 cases in private practice.  He has also argued over 100 appeals in courts across the country, including arguments in all thirteen federal courts of appeals and in numerous state courts.  Prior to private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.  He also served as a law clerk to Supreme Court Justice Antonin Scalia and to Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit.  

In this episode of  Early Returns, Jan Baran speaks with Former Virginia Governor and U.S. Ambassador, Jim Gilmore.  They discuss his career in public service, his rise in Republican politics with the popular Virginia car tax reimbursement, and staying true to his roots and passion for foreign affairs and policy. 

As Ambassador to the Organization for Security and Cooperation in Europe (OSCE), he has been close to the past and current struggles throughout the world that threaten democracy.  He believes it to be important for the U.S. to protect its allies to keep America strong and our democracy and people safe.

 
About Ambassador James S. Gilmore, III

James “Jim” S. Gilmore III is the former U.S. Ambassador to OSCE and former Governor of Virginia.

Ambassador Gilmore grew up in the Fan District of Richmond, Virginia. In 1971, he enlisted as a volunteer in the U.S. Army after college and worked as a counter-intelligence agent in then-West Germany after intensive language training in German, in which he became fluent. In 1974, he was awarded the Joint Service Commendation Medal for Service to NATO. He graduated from the University of Virginia (UVA) and earned a B.A. degree in International Relations, Russian Area Studies. He then earned his law degree at the UVA School of Law. 

Ambassador Gilmore practiced law until 1987 when he was elected as chief prosecutor for Henrico County. In 1993, he was elected Attorney General of Virginia. In 1997, he was elected as Virginia's 68th Governor. As governor, his administration established the first Secretary of Technology cabinet position in the nation. During his tenure, Gov. Gilmore was focused on creating jobs by leading several trade missions to: South America, Asia and Europe.  During the trade mission to Taiwan and Hong Kong, Gov. Gilmore promoted inward investment, opened new markets for Virginia products and services, and encouraged activity for Virginia's ports. Virginia exported $2.4 billion in products to Japan, Korea, Taiwan and Hong Kong in 1999. Collectively, Japan, Korea, Taiwan and Hong Kong invested over $4.3 billion in Virginia facilities, employing over 12,000 people during his administration.

Gov. Gilmore then ran for the GOP nomination for president from July 2015 to February 2016. In November 2018, he was nominated to serve as the U.S. Representative to the United States Mission to the Organization for Security and Cooperation in Europe, a position which carries the rank of ambassador and is based in Vienna, Austria. He served until January 2021. Prior to his USOSCE Ambassadorship, he served as President and CEO of the American Opportunity Foundation, which works to shape the discussions around American society and offer conservative solutions that promise prosperity, national security, and American values. 

At this point in a presidential election year, the national conversation would usually be focused on which candidates are wrestling for their party nomination.  But, as we know, this year is different.  Even though primary elections still remain and the nominating conventions won’t occur until late summer, the 2024 candidates for president appear to be settled: President Joe Biden v. Former President Donald Trump.  

Charlie Cook, respected political analyst who has observed and analyzed U.S. politics for over 40 years, joins Jan to discuss this year’s unconventional election.  They discuss this year’s presidential campaigns, historic and newer polling tactics, the swing state effect, and how independents think about their vote.  

About Charlie Cook:

Charlie Cook is widely regarded as one of the nation’s leading authorities on U.S. elections and political trends. After years of working in politics, Charlie founded “The National Political Review” in March of 1984 before renaming it later that year to “The Cook Political Report.” His idea was to create a non-partisan newsletter that would analyze American political campaigns from the perspective of someone who actually had worked both in campaigns and as a pollster. Al Hunt in the Wall Street Journal has referred to Charlie as “the Picasso of election Analysis” while the New York Times has referred to the Cook Political Report as “a newsletter that both parties regard as authoritative.” 

In 2010, Charlie was the co-recipient of the American Political Science Association’s prestigious Carey McWilliams award to honor “a major journalistic contribution to our understanding of politics.” In 2013, he served as a Resident Fellow at the Institute of Politics at Harvard’s Kennedy School of Government.  Charlie also serves as a political analyst for National Journal and is a co-author of the 2020 and 2022 editions of The Almanac of American Politics.