Harry talks to Marty Lederman, the former Deputy Assistant Attorney General who authored an amicus brief with a legal discovery that has shaken the Administration's attempt to deploy the National Guard to Chicago and other Democrat-led cities. Marty and Harry explain the critical oversight in the administration's reasoning, and they think through what a bruising legal defeat would mean for the effort to put boots on the ground in American cities. It's a possible game changer in a case Harry has called a "moment of truth for the High Court."

Harry's Substack about the stakes of this case: https://harrylitman.substack.com/p/moment-of-truth-for-the-high-court

The Supreme Court's request for briefs on the phrase "the regular forces": https://www.supremecourt.gov/orders/courtorders/102925zr_hgci.pdf

Marty Lederman's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384148/20251110232925983_25A443.Lederman.Supplemental.Amicus.Brief.1110.pdf

Illinois and Chicago's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384145/20251110210604383_Illinois%20Supplemental%20Letter%20Brief%20Master%20Final%20To%20File%20PDFA.pdf 

The administration's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384115/20251110170907870_25a443%20Trump%20v.%20Illinois%20-%20Supp.%20Letter%20Br.pdf

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In the aftermath of Tuesday’s sweeping nationwide Democratic wins, Harry calls in a trio of some of the country’s sharpest political thinkers—Emily Bazelon, Dave Weigel, and Rick Wilson—to unpack the meaning of the results. Was the increasingly painful government shutdown a decisive factor? Why are the voters who swung to Trump last year deserting him? And, crucially, how might Democrats keep their momentum going? 

Mentioned in this episode: 

David’s reporting:  https://www.semafor.com/author/david-weigel
Emily’s reporting:  https://www.nytimes.com/by/emily-bazelon#latest
This week’s episode of Slate’s Political Gabfest:  https://podcasts.apple.com/us/podcast/spectacular-night-for-democrats/id158004641?i=1000735632723
Rick’s Substack:  https://therickwilson.substack.com/
Rick’s Talking San Diego appearance:  https://www.youtube.com/watch?v=cFN88EW3Znw

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After releasing Harry’s conversation with Carol Leonnig and Aaron C. Davis two days early to sync up with the publication of their new book—Injustice: How Politics and Fear Vanquished America's Justice Department—Talking Feds is hosting a special preview of another podcast that’s exploring the consequential issues that impact, and define, American culture: The Alabama Murders, a new series by bestselling author Malcolm Gladwell's Revisionist History podcast. Entangled in an affair with a parishioner, a Northwest Alabama minister makes a devastating choice. Rather than face the shame of divorce, he arranges for three men to kill his wife. One of the men convicted in her murder, Kenny Smith, spent decades on death row, only for his execution to go horribly wrong. Eventually, the consequences lead to the center of a hot national debate on who should be allowed to live, who should die, and how the state should kill them. On The Alabama Murders, Malcolm asks: why, in our efforts to alleviate suffering, do we so often make it worse? If you want to hear the full story, find Revisionist History wherever you get podcasts.

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The Department of Justice has been at the epicenter of both Trump's efforts to subvert the rule of law and the attempts to hold him accountable during his years out of the White House. Now two of the country's most prominent investigative journalists—Carol Leonnig and Aaron C. Davis—have authored an authoritative account of these tumultuous years at DOJ. Their book is Injustice: How Politics and Fear Vanquished America's Justice Department. Leonnig and Davis join Harry for an in-depth discussion: their first interview about their tour-de-force new volume, which is full of revelations about the existential battles within the Department, built on interviews with more than 250 people who witnessed them first hand.

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Harry sits down with David A. Graham, Katie Phang, and Maya Wiley to discuss federal agents' on-the-ground escalations and the courts' efforts to rein them in. They then move to the early warnings that Trump may interfere in next year’s midterms before ending with a quick look at some of tomorrow's critical elections. The overlapping question that criss-crosses all 3 topics: how can Americans band together to protect the democracy, and especially to blunt the threat of a far more systematic attempt by Trump than the last time around to interfere in the elections.

Mentioned in this episode:

Amie Barrodale’s Supreme Court satire:  https://www.theparisreview.org/fiction/8383/crystal-palace-amie-barrodale

David’s piece in the Atlantic:  https://www.theatlantic.com/magazine/archive/2025/12/2026-midterms-trump-threat/684615/

Maya’s MSNBC piece:  

Katie’s YouTube channel:  https://www.youtube.com/@katiephangnews

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We are living through what feels like unprecedentedly dark days, which can cause us to lose sight of context, history, and all the hard moments that the nation has faced before. This week, Harry turns to legendary Congressman Barney Frank for his perspective of the Trump era through a more long-term lens. Rep. Frank, who won landmark achievements on issues from banking reform to civil rights, speaks to Harry about what Democrats need to do now, his forthcoming book, and whether Donald Trump's outrages have any parallel in American history.

The two spoke by phone, so this conversation will sound slightly different from most Talking Feds episodes.

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A trio of superb economic analysts—Paul Krugman, Stephanie Ruhle, and Justin Wolfers—join Harry to break down how Trump is reshaping the U.S. economy. They weigh in on how long the shutdown can go on without major economic consequences, where tariffs are beginning to bite, and the future shape of the AI spike.  Then, the whole panel joins in a big picture analysis of how Trump’s trademark chaotic, self-serving approach—combined with his attacks on institutions, immigration, and the rule of law—risks tearing up the foundations of American prosperity.

Paul’s Substack: https://paulkrugman.substack.com/

Stephanie’s show: https://www.msnbc.com/11th-hour

Justin’s YouTube channel: https://www.youtube.com/@JustinWolfers

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Harry speaks with Congressman Eric Swalwell about the surge of popular resistance to Trump shown in the “No Kings” rallies and what it means for the president’s attempts to remake the country in his image. They tackle Democrats’ progress in the shutdown fight, some hopeful signs from the courts, and Trump’s latest efforts to weaponize the DOJ. Plus, Rep. Swalwell pitches Harry on a new, creative legal strategy Democratic AGs could use to hold federal officials and agents to account.

And this episode has got a special baseball bonus: after his conversation with Swalwell, Harry calls up baseball reporter Ben Walker for a debrief on Shohei Ohtani’s mind-boggling night for the Los Angeles Dodgers.

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Harry talks with a great set of Talking Feds stalwarts—Charlie Sykes, Ali Vitali, and Jacob Weisberg—to get a handle on the fast-changing politics of the shutdown, the worthiness of the case against John Bolton, and the new group chat scandal roiling the GOP. Why is Vice President J.D. Vance calling criticism of leaked racist messages by rising Republicans "pearl-clutching"? Is the indictment against John Bolton just another political prosecution? And are top Republicans gearing up to give into Democrats on healthcare to get the government reopened?

Mentioned in this episode:

Charlie’s Substack: https://charliesykes.substack.com/

Ali’s interview with Senate Leader John Thune: https://www.msnbc.com/msnbc/news/thune-msnbc-offered-democrats-vote-obamacare-subsidies-rcna237914

Politico’s story revealing a Young Republicans groupchat: https://www.politico.com/news/2025/10/14/private-chat-among-young-gop-club-members-00592146

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Christopher Eisgruber, the long-time president of Princeton University, joins Harry to talk about his new book, Terms of Respect. Eisgruber argues that robust free speech is alive and well on college campuses, and that instances of actual defeat of free speech are far more rare than critics charge. The key to navigating internal strife and external pressure—Eisgruber tells Harry—lies not in an abstract appeal to free speech or equality principles but rather in civil norms of respect that seek to further a model of deliberative community.

Eisgruber's book: https://www.hachettebookgroup.com/titles/christopher-l-eisgruber/terms-of-respect/9781541607453/

Eisgruber's recent articles in the Atlantic: https://www.theatlantic.com/author/christopher-l-eisgruber/

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