Pod Save America - Is Trump's Honeymoon Over?

Episode Date: February 21, 2025

Donald Trump and Elon Musk make their bromance official in a joint interview with Sean Hannity, but polls suggest the American people may already be souring on DC's new it-couple. Trump takes his feud... with Volodymyr Zelenskyy to dangerous new levels, calling Ukraine's leader a "dictator." And, after claiming he wouldn't cut Medicaid, Trump sides with the House GOP on a massive reconciliation bill that would do just that. Jon and Dan discuss how Trump is reshaping our relationship with Russia and the world, the potential political ramifications of cutting entitlements, and the latest with the DOGE firings. Then, Dan is joined by former federal prosecutor Andrew Weissmann to talk about the Justice Department purges, the prospects for the corruption case against Eric Adams, and more. For a closed-captioned version of this episode, click here. For a transcript of this episode, please email transcripts@crooked.com and include the name of the podcast. 

Transcript
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Starting point is 00:00:56 That's right. Visit simplysafe.com slash cricket to claim 50% off a new system with a professional monitoring plan and your first month free. That's simplysafe.com slash cricket crooked there's no safe like simply safe. Welcome to Pod Save America, I'm Jon Favreau. I'm Dan Pfeiffer. On today's show, Donald Trump and Elon Musk make their bromance official during a joint interview with Sean Hannity, but is the honeymoon over for the American people?
Starting point is 00:01:40 How's that for a cable-esque tease, Dan? That's almost sports radio-esque. We'll talk about why these two men are so in love and why new polling shows problems for both of them. Then, hours after telling Hannity he'd never support cuts to Medicaid, Trump endorses the House budget resolution, which drastically cuts Medicaid, even as Republicans in Congress are starting to squirm about all the doge cuts and firings that are starting to hurt their constituents. And later Dan talks to former federal prosecutor Andrew Weissman about the purges going on at the Justice Department, the prospects for the corruption case against Eric Adams, and much more. But
Starting point is 00:02:20 first, I know it's hard to keep up with all the news lately and that people don't tune in to this particular podcast to hear the two of us just riff on global affairs. Their mistake, not ours. I do think it's important for everyone to understand that this week America has essentially switched sides in the war between Russia, a repressive, brutal dictatorship, and Ukraine, the neighboring democracy that Russia invaded. On Tuesday's episode, Tommy and I talked about how Trump and his administration have been speaking about negotiating an end to the war in a way that mass murderer Vladimir Putin
Starting point is 00:03:03 couldn't have scripted better himself, including Trump's claim that Ukraine started the war, which the whole world knows isn't true, including the vast majority of Americans. Putin has said repeatedly that Ukraine isn't a real country, that it belongs to Russia, and that Russia wants it back. That's why he invaded Crimea in 2014. That's why he invaded Ukraine three years ago. When Ukrainian president Vladimir Zelensky gently corrected Trump on this point by
Starting point is 00:03:32 telling reporters that he greatly respects president Trump, but worries that he lives in a quote disinformation space. Trump of course lost it. space. Trump of course lost it. He posted an angry truth on his way to his beach club in Miami. Here's how he responded. He refuses to have elections. He's low in the real Ukrainian polls. I mean how can you be high with every city is being demolished? It's hard to be high. Somebody said, oh no his polls are good. Give me a break. A dictator without elections, Zelensky better move faster, he's not going to have a country left.
Starting point is 00:04:10 Gotta move, gotta move fast, because that war is going in the wrong direction. In the meantime, we're successfully negotiating an end to the war with Russia. Something I'll admit that only Trump is going to be able to do in the Trump administration, we're going to be able to do it. I administration. We're going to be able to do it. I think Putin even admitted that. Yeah, of course. That's Trump speaking in Miami at an investment conference organized by Saudi Arabia, because of course.
Starting point is 00:04:35 Then on Thursday in the White House briefing room, National Security Advisor Mike Waltz got this question from Fox News' Peter Ducey. Who does he think is more responsible for the Russian invasion of Ukraine, Putin or Zelensky? Well, look, his goal, Peter, is to bring this war to an end, period. Some of the rhetoric coming out of Kiev, frankly, and insults to President Trump were unacceptable. Who's to say?
Starting point is 00:05:01 Who's to say who's responsible for the Russian invasion of Ukraine? It's right there in the question, Dan. It feels like the absolute craziest resistance Russia conspiracies from 2017 have now come true. What is your reaction to all this? As I do whenever I want to understand what's happening in the world, I was in a pod save the world so I listen to Pod Save the World
Starting point is 00:05:25 so I can have Tommy and Ben explain it to me. And like this obviously felt like a big deal in the moment and it seems crazy and insane, but I think Ben and Tommy would put it in a perspective that I did not fully comprehend at the beginning of this, which is this is not just the shift between Biden's foreign policy and Trump's foreign policy.
Starting point is 00:05:46 This is the abandonment of the entire bipartisan principles that have undergirded US foreign policies since World War II, right? We have decided that we are no longer a leader in the forces of democracy that we are gonna side with autocracy. And that is deeply alarming. It is incredibly scary. You have the president of the United States, not just siding with Putin, but calling Zelensky an un-elected dictator. And then no one in the
Starting point is 00:06:18 administration be willing to say that Putin, not exactly known for free and fair elections, to call him for what he is. It is truly insane through the looking glass stuff and it has huge consequences for the United States' role in the world going forward. And our safety and security. I mean, I'd say when the week started, my anxiety over this was at like a six or a seven. Which is your natural resting state to be clear.
Starting point is 00:06:43 Exactly, exactly. Last few days bumped it up or a seven. Which is your natural resting state to be clear. Exactly, exactly. Last few days bumped it up to a nine. And honestly, part of that was listening to Pod Save the World, which I know that's a tough plug for Pod Save the World, but you should all listen to this because Ben and Tommy did an excellent job with this this week. And I guess we both listened to it before bed,
Starting point is 00:07:00 coincidentally. I listen, I listen, I'm more into sleep hygiene than you. So I listened to it earlier in the day, but was thinking about it all throughout the rest of the day. Okay, okay, yeah. Cause I was texting you last night, after I listened to it, I was texting Tommy and Ben and you and being like, that is the scariest fucking thing.
Starting point is 00:07:19 I'm not here to give you advice, but if I were to give you advice, it's just like, cause I know what your sleep habits are. I would just, I'd pick a time right before dinner and say, I'm not gonna listen anymore to political bogus, even once done by two of my best friends. But I've been thinking about it because, you know, we all know the polls, we've talked about it.
Starting point is 00:07:36 You know, do Americans really care about foreign policy and even foreign wars that Americans aren't fighting in? And what does that have to do with us? And why are we sending money to Ukraine? That's crazy. Well, we should spend more money home. And what do we have to care about that? And, you know, the global order and institutions, like, what does that matter?
Starting point is 00:07:56 Putin wants to reconstitute the Soviet Union. He has for a long time. He has nuclear weapons. He almost used nuclear weapons on the battlefield in Ukraine. We know that from the Biden administration, from what we learned in 2022 and 2023. Putin is getting help from North Korea and China to other nuclear armed dictatorships. And now he knows, and the entire world knows, that the United States, the world's other biggest nuclear power, no longer has any interest in supporting Ukraine,
Starting point is 00:08:30 doesn't seem to have much interest in supporting Europe either or defending Europe, wants to take over Canada, might bomb Mexico, is sending asylum seekers who are escaping persecution from China, Iran, Afghanistan, to a camp in a jungle in Panama, another country that Trump is bullying because he wants to take over the Panama Canal. And what does all that tell Putin?
Starting point is 00:09:01 Like do you think that makes him less likely to invade Europe? Do you think it makes China less likely to invade Taiwan? The whole world now sees the United States and see what Trump has done and thinks, and all the bad actors in the world, all the bad regimes, all the nuclear armed regimes are going to say like, well, Donald Trump and the United States aren't going to step in. They're looking to take over a bunch of countries themselves. So why don't we do whatever the fuck we want? And once Trump and his new dictator pals who all have nuclear weapons
Starting point is 00:09:33 have finished carving up the world, do we think that they're just gonna like relax and leave each other alone? Is that how things usually happen? When the world order is just a bunch of nuclear powers with fucking lunatics running them? We're dictators? Like what?
Starting point is 00:09:53 I mean, this is the, what has held the world order together is that you had the strongest military in the world, the United States on the side of democracy, which puts you on the opposite side of the Soviet Union, then Russia, then China. And if the United States leaves that, then the entire balance collapses, right? Europe, individual European nations, Europe together,
Starting point is 00:10:18 NATO without the United States, cannot muster the response and certainly does not pose enough of a threat to cause Putin or China or Iran or someone else not to fulfill their ambitions. And like the craziest thing, one of the craziest things Trump said this week, and it sort of went under reported in his, in his, I think it was his post about his, it was like a readout of his call with Putin or maybe it was about Ukraine. I don't know what it was, but he was like, what do we care about this?
Starting point is 00:10:48 We have a big beautiful ocean to protect us in between. It's like, uh, Do you see World War Two? Well, I was do you see any war with boats? Any what are you talking about? It's fucking 2025. It could be fucking 1825. People have taken boats to war before. How many nuclear weapons could reach the United States? What are you talking about, you fucking moron? It is really bad. And you know, this whole thing through the campaign,
Starting point is 00:11:17 isolationism, America first, we wanna turn inward. It's not turning inward at all, actually. That's the opposite. It's Trump going out there and saying, I wanna be friends with the other autocrats. And who has he bullied? He's bullied Canada, Mexico, Denmark, all our allies. You're Germany, J.G. Vance went to Germany
Starting point is 00:11:36 and bullied Germany and tried to like bolster the far right party in Germany. So like, oh, then maybe we can have a far right arm to the teeth Germany. That always works well. Well, it's also just the fact that the United States is now on the side of the pro-Russian far right parties within European countries like Germany.
Starting point is 00:11:58 Yep. And like, even if that doesn't lead to another world war or nuclear war, that leads to a world where millions, billions of people all over the world are brutally repressed because they live under dictatorships and they don't have rights. And that's what Vladimir Putin is and that's what Xi Jinping is and that's what all of these guys that we're now in bed with are. It's bad.
Starting point is 00:12:21 It's bad. It also seems like a fair amount of the motivation here is economic. In the press briefing, Walt also scolded Zelensky for rejecting a deal where Ukraine would give us the rights to 50% of their rare earth minerals forever in exchange for US support that somehow wouldn't include any security guarantees. We talked about this a little bit on Tuesday's pod, but now they're like really mad that Zelensky didn't like, what a deal. You give us half of your resources and we'll, what, say that we support you? We're not gonna, you know, militarily support you. We won't even invite you to the negotiations about your own country. What kind of a fucking deal is that? We also
Starting point is 00:13:02 know that the Russian negotiators made, of course, an explicitly capitalist argument to the American team that American corporations stand to make billions if the U.S. will allow investment in Russia again. Of course. So is the new world order also going to be autocrats like Putin and Trump just carving up the world and plundering all the wealth? just carving up the world and plundering all the wealth? It seems like we're heading that direction. Look, in all seriousness, there is a reason that the world order exists as it does. There's a reason there are organizations like NATO.
Starting point is 00:13:34 There are reasons that there are alliances is that this shit is much harder than Donald Trump thinks it is, right? Even the United States is safer, more secure, stronger when we are working with other people. And even in just this deal that Trump is trying to, I mean, just you couldn't fucking script this with Putin in Saudi Arabia without Ukraine about Ukraine is how is that going to be implemented without Europe? Right.
Starting point is 00:14:00 Who the United States already said they're not going to provide security. So who is going to do that? Trump, Trump is going to at some point need these countries for things. They are major U S training partners. They are our allies. We are involved in security agreements and intelligence sharing agreements with them all over the world. And, and so there, there is Trump what's ahead in one direction, but there is a reality to foreign policy
Starting point is 00:14:26 in a complicated interconnected world that is gonna make it hard. Doesn't mean it can't happen, but it does put challenges into this absurd premise that Trump has. I do just wanna say that there is, it is not a coincidence that so many rich tech people have adopted this pro-Russian stance in recent months and years is because Russia is
Starting point is 00:14:46 right that there that is a very large market that US companies could be doing business in and that is causing a lot of people to throw aside what they care about to hopefully make a little bit a little bit more money. Well yeah and corruption is a feature not a bug of authoritarian regimes right like the only thing dictators love as much as they love power is money. And that's why they're all surrounded by oligarchs and they spend all the time stealing from their own people who then hate them
Starting point is 00:15:14 and then they repress. That seems familiar. I can't put my finger on it, but it seems like we've been running to that recently. You know what? That's a great segue. Uh, Donald Trump. I've read the outline.
Starting point is 00:15:26 I knew what we were doing here. Oh, you did. Okay, I'm glad. I'm good. So nice. Donald Trump and Elon Musk sat for a joint interview with Sean Hannity that aired on Tuesday night, which didn't make too much news,
Starting point is 00:15:37 but was mostly notable for how nauseating it was to watch. Let's listen. They want you two to start, they want a divorce. They want you two to start hating each other. Well, I respect him. I've always respected him. it was to watch. Let's listen. mean or cruel or wrong. I couldn't find anyone smarter, right? We settle in this guy. Well, thanks for having me. I actually am tech support though. But that's... He gets it done.
Starting point is 00:16:09 He's a leader. This guy is a very... He's a brilliant guy. He's a great guy. He's got tremendous imagination. You're much more than a technologist. You are that. But he's also a good person.
Starting point is 00:16:19 He's a very good person. This is going to be hard. I feel like I'm interviewing two brothers here. Fucking get a room, you two. What did you make of the interview and their budding relationship? I would say it is a phenomenal achievement that Sean Hannick, it was an hour long interview
Starting point is 00:16:43 with two of the world's most famous and controversial people, people famous for saying interesting, crazy, insane things and have that interview make no news. You said not much news, no news. It was ungodly boring. It was like watching wallpaper dry on the wall. It was so boring.
Starting point is 00:17:01 I just, like the fact that he pulled that off, did he, I just can't even imagine how that even happened. Like Donald Trump has never sat for an hour without saying something interesting before. Elon Musk never sat for an hour without saying something controversial or angry. I mean, just truly mind numbingly boring and stupid. As for the relationship, maybe they like each other. Maybe they do.
Starting point is 00:17:22 It seems like, who am I to say? I don't play psychologist here, but I don't think, Donald Trump's not exactly known for hiding his feelings. Like he can barely look at JD Vance when they're in a room together. And he can never even, it's clear he cannot stomach Mike Pence at all.
Starting point is 00:17:35 I thought it was just a huge goober. Or his wife. Or his wife. Or his own wife. That's what I'm saying. Yeah, I'm sorry. I forget Mike Pence's wife. I thought you made Karen Pence, yeah.
Starting point is 00:17:44 No, no, it definitely doesn't like her, but no, he doesn't even like Melania. Maybe they do. It is, Elon Musk is one of the few people in the world who Trump needs more than they need Trump, right? He's spent a quarter billion dollars to get him elected. He has this cudgel for Trump as he tries to implement his policy
Starting point is 00:18:08 because Musk keeps saying he'll fund primaries against people who don't vote for his nominees. That clearly was quite effective since the earlier, on Thursday, we confirmed Cash Patel as FBI director. So anything goes. And Elon Musk controls his favorite social media platform and so like they're like I don't know they really like each other not but Trump is
Starting point is 00:18:29 not he's more he is more forgiving of Musk or more willing to tolerate him than he is anyone else. Pods of America is brought to you by Lumen. Did you know that when your metabolism is working properly, you will feel the benefits in literally every aspect of your life? Lumen is a valuable tool that can give you insights to create a healthy metabolism for your body. Lumen is the world's first handheld metabolic coach.
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Starting point is 00:20:18 Yes, that Sean Hannity somehow managed to like sit for an hour with these two and never brought up anything interesting. It was just a love fest the entire time. Uh, and it was nauseating to watch, but as I watched it, I was like, I think I was completely wrong about, and I think all of us were wrong about all of the guesses about this relationship and like, when's the, when's the divorce coming? When is the falling out?
Starting point is 00:20:42 And like, I think you're right that Trump needs Elon and uses Elon, but Trump needs and uses a lot of people and doesn't love them or doesn't even like them or doesn't show that kind of affection for them. Like, I think they genuinely like each other because they're just, they're kindred spirits. Like Trump in his first term was extremely frustrated that he couldn't do whatever he wanted, you know, it was lawyers and, and his advisors and, and people in the
Starting point is 00:21:13 federal government telling him no, or this is against the law, or this is a bad idea, whatever. And now he's got another famous rich dude, authoritarian who doesn't care about laws, doesn't care about other people's opinions, thinks he knows everything and is willing to be his enforcer and that's what he needed. Right? Like no one else has been able to take what Donald Trump wants to do, much of
Starting point is 00:21:40 it illegal, much of it corrupt and do it for him. And I think the reason that Elon does it is because he's been radicalized. He craves attention, he craves recognition, wants to be even richer and more powerful. And of course also he confuses attention and recognition. And both of them, both of them do, both of them have both of them do,
Starting point is 00:22:05 both of them have this like, this deep bottomless need to be loved and they can't get it. And neither of them are like truly happy until they just keep wanting, wanting, wanting. They want more money, more power. And they found a kindred spirit in each other. I think they genuinely like each other. It's interesting because two cause like you point out,
Starting point is 00:22:26 there are very, very similar people. And usually two people who are exactly the same, particularly powerful people, but heads immediately. Cause you can see in the other person what you subconsciously don't like about yourself, but that doesn't seem to be the case here. And I think maybe with Trump, it is, he respects two things more than anything else,
Starting point is 00:22:44 money and attention or fame. And Elon Musk has more of both than any other person on the planet. He's the only person- It's a very good point, especially a good point on the attention, yeah. He's the only, that is why, well, I agree with you that they genuinely like each other,
Starting point is 00:22:58 but even if they didn't, it's one of the reasons why Trump is, I do not think a divorce is coming, is because if they're the only person on the planet that Trump would probably be worried to get into a online spat with would be Musk. He controls Twitter, he gets more attention, he is better at it. And like he is, no one else has a megaphone as big as Trump's
Starting point is 00:23:18 with the possible exception of Elon Musk. Small thing, but at one point, I think we played the beginning of it in the clip, which is when Hannity is like, Oh, they're trying to get, they're trying to drive a wedge between you two. And Trump responds by saying like, I know I saw that he's like, it's so, because they're so bad at it. Democrats are so bad at it. I used to think they were good at it.
Starting point is 00:23:36 They're really bad at it. And you know what? He's right. Yeah. Because it has been so fucking glaringly obvious. It's what I keep thinking about what you said, which is like reading He's right. Yeah. Because it has been so fucking glaringly obvious. It's what I keep thinking about what you said, which is like reading the stage directions, you know?
Starting point is 00:23:50 And it's like, President Elon, President Musk, and time has them behind the fucking desk. And it's like, can we like, just everyone's got to learn the art of subtlety just a little bit here. Yeah. It's so painfully obvious and cheesy. Like it's of course, what Democrats are trying to do by driving a wedge with them is obvious to Donald Trump and Elon Musk.
Starting point is 00:24:14 Like. We can't communicate our own economic policies to our voters with a $2 billion of advertising money. I don't think we're going to be able to tweet our way into splitting up Donald Trump and Elon Musk. It's just embarrassing. One bit that did make a little news, Trump acknowledged, quote, inflation is back before saying I had nothing to do with it and blaming Biden.
Starting point is 00:24:38 You and I talked about how some polling from a few weeks ago showed that most people don't think Trump's doing enough to bring down prices. There's been a slew of polling this week that basically says the same thing and also shows some deterioration in Trump's political standing. Trump's approval ratings are now underwater across the board. His economic approval, notably, is worse than his overall job approval. People like what he's doing on immigration. Other issues are okay, but he's actually underwater on economic,
Starting point is 00:25:06 even worse than his job approval. And Elon Musk's approval ratings are even worse. Pew has Musk get 42% favorable, 54% unfavorable. A new Quinnipiac poll has 55% of voters saying that Elon has too big of a role in the government with only 36% saying his role is just right. And a new Reuters poll shows 71% of respondents agreeing with the statement,
Starting point is 00:25:27 the very wealthy have too much influence in the White House. Washington Post analysis headline on Thursday was this, polls show Trump's honeymoon is over. What say you host of Polar Coaster and author of Message Box? I'm so glad you said that message box because if you were listening to this on Friday morning in your inboxes right now is my take on this very question.
Starting point is 00:25:50 No, thank you to the Washington Post for trying to get in front of me here. But there are two points here. One is Trump definitely had a honeymoon. He was more power at the outset of this presidency than at any point previously, but it's the lamest honeymoon in history. He, his net approval rating when he was elected
Starting point is 00:26:08 or when he was sworn in was 43 points lower than Barack Obama's. He was even like about 15 points lower than Joe Biden at the same point. He is the only modern president with lower approval ratings at the outset of the presidency than Donald Trump in 2025 is is Donald Trump in 2017? Yeah.
Starting point is 00:26:27 But having said that, the direction of the polls is very clear. He is now back, he's back to mid forties, which was in most of these polls, which is where he was, that's sort of his, sort of his, the high end of his range for much of his first term. And there are three reasons for this and they're pretty clear in the polling. One issue pointed out is the economy. His economic
Starting point is 00:26:50 approval rating in the Reuters poll has dropped to 39. It has dropped significantly over the last month. You saw this in the CBS poll that two thirds of voters thought he wasn't focused enough on lowering prices. The second reason is people don't like his agenda. Right. You have, uh, majorities who in the Washington Post poll who do not agree with what he's been doing. And that makes complete sense. He ran on lowering prices and securing the border, but all of the news is about slashing government weaponization, cozying up to Putin, all of these things. And it's like,
Starting point is 00:27:23 presidents get in trouble when they campaign on one agenda and govern on another. And he campaigned as, it was bullshit, but he campaigned as a populist who wanted to fight for the working class. He is governing as a government slashing, Medicaid cutting, austerity agenda. That's not what people voted for in that sort of game. And the last thing is that Elon Musk
Starting point is 00:27:42 is dragging him down in some ways. And one of the more interesting things, like Elon Musk's favorability ratings are fine, you know, 44. It's not great, but it's your he's actually more popular than just about every politician who's who's not named Barack Obama right now in Donald Trump. But the better question to ask is do you approve of the job he's doing because the favorability rating includes do you like him seems highly unlikely rating includes, do you like him? Seems highly unlikely, but what do you like? But also all the Tesla, SpaceX,
Starting point is 00:28:09 everything he's accomplished for the world and the planet, which some of it is quite good. When you ask, is he doing, do you approve of how he's doing his job in government? 30, only 34% of people in the Washington Post approve of him. Yeah. They had quotes from some of the respondents in the Washington Post approve of him. Yeah, they had quotes from some of the respondents
Starting point is 00:28:25 in the Washington Post poll about like why they, supported Trump or opposed him or whatever. And I saw one woman who voted for Trump said, Elon's a smart guy and I think he's really smart with his companies, but I really don't like what he's doing cutting all these programs, he's got too much influence in there. Yeah, and you see that in like 26%
Starting point is 00:28:48 in that Washington Post poll, support or approve of Elon Musk shutting down federal agencies and 52% of posts. You have six in 10 people who think you're concerned that Elon Musk and the Doge team having access is sensitive personal information. Elon Musk is a political, he is helping Trump accomplish his agenda,
Starting point is 00:29:04 but he is hurting him politically and how he's doing it. Cause the agenda he's accomplishing is unpopular. It's not what people voted for. It's not what they want. I think there's also something instructive in all these numbers for Democrats and anyone trying to oppose Trump right now and wondering like what we should do and does anything matter, which is like when you ask people, uh, you know, there's been some analysis
Starting point is 00:29:25 that Trump's approval ratings, at least for the last couple of weeks, have been relatively high, partly because he's taken action and he's doing stuff, and people like presidents who take action. And I think that's right, that analysis is correct. And when you ask people, oh, well, what do you think about him
Starting point is 00:29:44 making government more efficient? People like think about him making government more efficient? People like the idea of making government more efficient. They, unfortunately, you know, a slight majority likes the deportation agenda. That's also because they think he is deporting undocumented immigrants with criminal records, which he is clearly, that is only a small portion of the immigrants he's deporting. We can talk about that some other time, but when you get into the programs he's cutting, what Elon is doing, even with something like USAID, when we talked about this, six and 10 oppose closing USAID, even when it's talked about like that, just to, you know, which has now become famous. The reporting around Doge, what Elon has been up to, what the Doge bags have been up to, the cuts, the firings, and what Democrats have been saying about this and the noise that people have been making just across
Starting point is 00:30:36 the country about this, I think it's breaking through and people are hearing it and so we're starting to see it in the polling that yes, maybe people liked him taking action and yes, they want government to be more efficient, but the way that they're seeing it happen, they despise. And just as a point, and this is a good, if we continue on the right trend, this could go down as one of the great political miscalculations in history is let's say Donald Trump had put Russell vote in charge of Doge. Yeah.
Starting point is 00:31:07 That's interesting. No one would know, but because they put a person who gets more attention than almost anyone else on the planet in charge of implementing the popular agenda, people know about the unpopular agenda. Elon Musk is a figure, and this is sort of how the media environment works. This is if you have people who are controversial, who you talk about, and then you get engagement, you create this incentive structure for more and more people to talk about it. No one is getting more TikTok views or ex reposts or whatever you call them or skeets or whatever
Starting point is 00:31:37 else talking about Russell vote or Kevin Hassett, the NEC director, anything like that. But if you put a huge, giant, famous celebrity who loves attention in charge of doing things that you probably wish people did not know, you're probably gonna suffer politically from that down the line. Who has one of the biggest megaphones in the world and is literally narrating what he's doing minute by minute,
Starting point is 00:32:00 including many of his fuck-ups. Yes, yes. I mean, it is a wild choice. Um, which is, and I know you wrote another message box on this, like whether it's the right strategy for Democrats to focus on Elon Musk. I say yes. Yeah. I mean, that's the conclusion you came to as well, but I don't see any downside
Starting point is 00:32:20 to this. I think you have to do it in the right way. Um, the reason you have to do it is we can't get attention for our message. We have to go where there is attention. We can't make attention. We have to go get it. And it is with Elon.
Starting point is 00:32:32 Democrats have been attacking Donald Trump for a decade now. That is not in and of itself newsy and interesting. If you attack Elon Musk, you're going to get more attention. I do think it's important to weave it into a larger narrative and not like just simply calling Elon Musk a dick, although it was quite funny when Robert Garcia did that. That's not exactly what we have to do here. We have to make Elon Musk be a data point in a larger story, not just about Trump because barring a dramatic change to the constitution, he's not running again, but about
Starting point is 00:32:59 the Republican party that's going along with this, right? About the corruption, about the influence of the world's richest man rooting around in our government affecting agencies that are investigating his, or regulating his companies. It has to be part of a larger story about corruption. Because the polls show that people are very concerned about the influence of corporations, billionaires, and Elon Musk specifically,
Starting point is 00:33:19 and so we shouldn't make that part of the story. And how it's affecting you. And like, you know, he's destroying jobs and he's breaking government services that people depend on and that keep us safe. And I think that like making, that's why the whole, you know, the drama between Elon and Trump and the relationship and all that kind of stuff.
Starting point is 00:33:38 And it's just, it's a little bit of a sideshow because I think what's gonna be most impactful is making sure that we connect all of the firings and all of the services that are cut to what Trump and Elon and the whole Republican Party are doing. This show is sponsored by BetterHelp. We love therapy, right?
Starting point is 00:34:06 We do. Everyone needs therapy, even if you don't think you need therapy. You definitely do. The less you think you need it, the more you need it. Doesn't mean something is wrong with you. No. But it helps to talk to someone.
Starting point is 00:34:16 You gotta talk to them. You have to sit down and have someone who their job is to just listen and to give you advice. Otherwise you try to change the name of Greenland to Red, White and Blue Land, or you try to make a movie where an eight-place musician. A lot of people that could use therapy in that White House. Yeah, and Congress.
Starting point is 00:34:31 Including the two billionaires in charge of the country. Yeah. Boy, they both could use therapy. Anyway, if you're listening, Elon, go get some better help. What if there was someone that can just be a dad that hugs these men that need dads? And if you can't do that, BetterHelp is a good, good option. Just a government dad.
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Starting point is 00:35:01 to get 10% off your first month. That's betterhelp, H-E-L-P dot com slash PSA to get 10% off your first month. That's betterhelp, H-E-L-P dot com slash PSA. In addition, all the polling axios reports that Trump and Elon face a growing Doge revolt from GOP lawmakers who are quote, growing unnerved by what they see as an imprecise exercise. I would say yes. I love that. Susan Collins suggested that it's unconstitutional for the executive branch to refuse to spend
Starting point is 00:35:26 money, Congress appropriated, no shit. Instead, the administration is, quote, moving too fast. Lisa Murkowski told CBS News that the job cuts are hitting Alaska really hard and that a lot of the firings are, quote, flat out wrong because people are getting told they're losing their jobs for performance reasons when that clearly isn't true because they've had performance reviews that said that they are doing an excellent job and then they get fired. Meanwhile, the Doge wrecking ball continues to swing with huge cuts and firings happening at TSA, the IRS, FEMA, HUD, the Department of Housing and
Starting point is 00:36:01 Urban Development, the entire agency that helps respond to disasters for people's homes when a disaster hits, cutting like 80% of that. They're even cutting the NIH unit that focuses on Alzheimer's research. In the morning after Trump told Hannity that quote, Medicare, Medicaid, none of that stuff is going to be touched. He weighed in to endorse the house Republican budget
Starting point is 00:36:30 that would in fact cut Medicaid by $880 billion. Why would he do this? I mean, I would just want to focus on the NIH one for a second. I saw, I saw a post social media about this, which is the most impactful and innovative research on Alzheimer's is coming from NIH and they're making, made real progress with therapeutic drugs in recent years and are, could get, could be close to some sort of treatment or cure. And the way it was described was basically cutting funding for the NIH right now.
Starting point is 00:36:57 It's like taking away your kid's bike. The day the training wheels come off, just after someone told you that they had the possibility of entering the Olympics. Oh, right. It's just like, we're, we're close to doing something and you were gutting it. And all of these things they do matter and they do break through to people because they're basically finding something that every person in America cares about. Everyone cares about different things, and then cutting it and affecting it. Why are they doing this? I can't possibly fathom. You just have a bunch
Starting point is 00:37:23 of people who know nothing about government, who don't seem to care about people who view government as the enemy, trying to just meet some number of fired employees, budget cuts without really thinking in any holistic way about how you actually help people because they don't think government should help people. That's not what they believe.
Starting point is 00:37:41 And we have seen this to a lesser degree in when George W. Bush was president and he got, he put a bunch of hacks in at FEMA and Katrina happened and this is like, like we are in dangerous territory here. This is what happens when people who hate government are in charge of government. The Medicaid thing is going to be a huge problem for them because either they don't touch Medicaid like Trump said on Hannity problem for them because either they don't touch Medicaid, like Trump said on Hannity, which means that if they don't touch Medicaid and they're not
Starting point is 00:38:10 going to touch Medicare or Social Security and they're going to add to defense spending, there's just not enough money to cut anything else and also pay for a $4.5 trillion tax cut. So basically then you get down to drastic cuts to all the other spending in government, food inspection, NIH, healthcare, all this other stuff, right? And you still have just, you just add a huge, huge amount to the deficit because you just give a huge tax cut to rich people. So that's one option. The other option is an $880 billion cut to Medicaid, which is what is in the House Republican budget that Trump endorsed. So they're talking about work requirements and okay, well, if you get Medicaid, you should work.
Starting point is 00:38:53 Now that's kind of bullshit because what happens when you institute work requirements in a state that is giving people Medicaid is you end up just a lot of people lose their coverage. And it's not like they're not working because they don't wanna work. A lot of times they're not working because they can't work. Regardless, if you instituted work requirements, it would save you about $100 billion in Medicaid. Okay, so they want 880 billion, so you still get 780 billion to go, okay?
Starting point is 00:39:20 Medicaid covers 72 million Americans. It covers nearly half of all births in this country, half, two thirds of all nursing home stays. Working class people who are just above the poverty line are on Medicaid. By the way, a lot of these people who are on Medicaid, probably most of the people who are on Medicaid now are in red states and are Trump voters, which is why Steve Bannon's out there saying, why would we cut Medicaid?
Starting point is 00:39:49 We can't cut Medicaid. They're gonna have problems both on their right flank, I think cutting Medicaid among some of the like, the populace like Bannon, and they're gonna have a ton of problems, they already are with Republicans, House Republicans and Senate Republicans who were in vulnerable districts and states in 2026.
Starting point is 00:40:09 So I don't know how they're going to get all the math done here and get all these cuts done. Because you start, you cut 780 billion, 880 billion from Medicaid. You are throwing millions and millions of people off their healthcare. I mean, it's a politically insane thing to do and you're right, how they get it done. I mean, the most likely scenario is they just pass the whole thing.
Starting point is 00:40:30 One way in which they can do it is they just pass it with no pay-fors. You can do some things on how they do the CBO scoring, the correctional budget office scoring to make it seem less added to the deficit. You can make it nine years instead of 10 years so you can own the budget when there's all this nerdy stuff you can do. It's still unpaid for. It's all gimmick bullshit. But can they get House Freedom Caucus members
Starting point is 00:40:50 who are demanding trillions of dollars in cuts to go for that? Maybe, maybe Trump just is like, you know, do it or else Elon Musk will fund a primary challenge and I'll send my pardon January 6 goons after you. Well, he got them last time, right? He did get them to do this is exactly what, this is the how things played out in 2017
Starting point is 00:41:07 when they passed their tax cut. Now it's a much narrower majority now. Now you can lose, by the time this happens, three people probably. But it is, it's fascinating that they are taking on this, sort of, it's an truly insane thing to do. And it's even more insane now that the Republican party is branding itself as this multi-racial working
Starting point is 00:41:28 class coalition that you're going to kick most, a lot of your coalition off healthcare. It's actually probably, it is by the numbers, way worse politics than repealing Obamacare way worse. It's more people for more things and more parts of the country. And Bannon gets it and like Josh Hawley gets it. But then I guess they were in their, their Senate caucus meeting and Ted Cruz was
Starting point is 00:41:51 like, Medicaid cuts must be on the table. And there was like a lot of applause because it's still a lot of still Paul Ryan's party. And I bet who I bet we're going to see Elon Musk tweeting about how we need to gut Medicaid to the fraud in, so much about fraud. Oh, it's gonna be a whole thing. I mean, he's already doing it on social security. So I don't think that's gonna help their cause either.
Starting point is 00:42:11 One thing that might help their popularity is the idea they're floating now to take some of the savings that Doge is allegedly making and return that money to taxpayers in the form of tax refunds or checks or something. There's this idea floating around that they take 20% of the savings, the Doge savings, and they use it to pay down the deficit. They take another 20% and they hand out refunds to everyone, a $5,000 check for every family.
Starting point is 00:42:38 What do you make of that proposal? It seems like it's probably great politics. It seems like Trump is going to love it because he loves sending checks to people. Like in his somewhat simplistic brain, just giving people money means that they'll support you. So I think he would like it. I think there are some real challenges to doing it. One almost certainly would increase inflation. So that's one.
Starting point is 00:43:01 Although Kevin Hassett, who is an economist, I believe, and Trump's economic advisor, said it would not, which means he should have to turn in his, because he said, if you give people money, they'll spend it. It's like, yeah. Yeah, that's the, you're overheating the economy. So that's one. Two, Mike Johnson, speaker of the house today said that it was essentially said it was a non-starter for him because his caucus wants to, that's more spending, right? He wants to take those savings. He's doing the math to get to $5,000 of family, right?
Starting point is 00:43:33 And first of all, they cut out everyone who doesn't pay income taxes, which is 40% of people in the country, right? So then you're given $5,000. And it basically it's $400 billion is 20% of the trillion that they're thinking they're gonna save in spending cuts. But first of all, Doge has saved a couple billion so far. So the idea that they're gonna get from a couple billion
Starting point is 00:43:53 to a trillion and then give everyone a rebate seems a little fanciful. Yeah. But I wouldn't be surprised if at the end of the day, the tax cut package includes something that they call a Doge rebate that is some number much smaller than $5,000 that Donald Trump and Elon Musk both signed together with hearts over there,
Starting point is 00:44:13 the eyes and their names. And then. Well, you remember this is what George W. Bush did in the 2001 tax cut. He sent people checks. Yeah. I mean, it's just, it's, it is, it's too appealing to Donald Trump
Starting point is 00:44:25 and to Elon Musk to avoid. So I, I could see some version of it ending up in the final, but it's certainly not $5,000 checks and they're certainly not finding a trillion dollars in Doge cuts that aren't incredibly unpopular. Yeah, that's right. All right. One more thing before we go to your interview with Andrew Weissman, right before we were recording, Elon Musk did take the stage at CPAC.
Starting point is 00:44:48 He didn't make a lot of news, but the appearance was so special that I asked the team to put together some highlights so that you and I could react to them in real time for the first time. Have you seen any of this? I caught like one part of it maybe, but I was rushing and I just told Saul,
Starting point is 00:45:08 you give us the super cut and Dan and I will react. Yeah, I was doing the Andrew Weissman interview immediately before we recorded and I learned about his appearance not long ago. So cool, let's do this. Amazing, okay. I wish we could, we don't have any video, do we? That's okay. Dan's gonna have to Amazing. Okay. I wish we could, we don't have any video, do we? That's okay.
Starting point is 00:45:25 Dan's gonna have to sit, the beginning part is amazing. I'll just tell you, he walks on stage and Javier Emile, the president of Argentina, hands him a chainsaw. And Elon Musk is waving. So the first thing you'll hear is Elon Musk waving around the chainsaw and then we'll see what happens. This is the chainsaw and then we'll see what happens. We're fighting Matrix big time here. Legalize comedy. I am become meme.
Starting point is 00:46:06 What is it like inside your mind? I mean, my mind is a storm. Yeah. So, it's a storm. So he walked out and he's got sunglasses on indoors and a heavy gold chain and he's holding a chainsaw. I don't think he was okay. He seemed really, he seemed to kind of fucked up.
Starting point is 00:46:26 I don't know if he was just a little punchy, little silly, but he wasn't making much sense. Something else that happened while he's on stage, literally while he's walking out with the chainsaw, there is a tweet from Grimes replying to Elon and it says, Grimes is a mother of his, some of his children, please respond about our child's medical crisis. I am sorry to do this publicly, but it is no longer acceptable to ignore the situation.
Starting point is 00:46:56 This requires immediate attention. If you don't want to talk to me, can you please designate or hire someone who can so that we can move? That's heart breaking. Dark. Yeah. Dark. And this is now the second mother of his
Starting point is 00:47:11 children this week that has reached out to him on his platform, but this is what was happening while he was out on stage talking about how he is meme and we should legalize comedy and he's yelling and he's talking about his mind and going to the, this whole thing now that he and Trump have about going to Fort Knox to make sure the gold is there. What the fuck is happening?
Starting point is 00:47:35 This is probably, I don't know who the right person to direct this question is, but there's obviously some weird right-wing conspiracy theory about this. That, you know what, I'll dig into it before next pod. I will get the answers. Anyway, in case you were wondering who the enterprising journalist that interviewed Elon Musk was, it was a Newsmax host.
Starting point is 00:47:55 Oh, of course, of course. Anyway, that's Elon at CPAC. All right, when we get back from the break, you'll hear Dan's interview with Andrew Weissman about Trump's attacks on the rule of law. One quick thing before we do that, a reminder that now through tomorrow, Saturday, February 22nd, When we get back from the break, you'll hear Dan's interview with Andrew Weissman about Trump's attacks on the rule of law. One quick thing before we do that, a reminder that now through tomorrow, Saturday, February 22nd, you will get 25% off new annual subscriptions to Friends of the Pod.
Starting point is 00:48:13 It's the best way to support the work we do here and you get access to special shows, ad-free episodes, our Discord community, and more. If you're a monthly subscriber, upgrading is quick and easy. Just visit crooked.com slash friends, or subscribe through the Podsave America Apple feed when we come back, Andrew Weissman. Podsave America is brought to you by Zbiotics pre-alcohol. Let's face it after a night with drinks, you don't bounce back the next day like you used to.
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Starting point is 00:50:01 you're unsatisfied for any reason, they'll refund your money. No questions asked. Remember to head to zbiotics.com slash crooked and use the code crooked at checkout for 15% off. Here to talk about all of the chaos happening at the Department of Justice and the potential collapse of our whole system of law and order is friend of the pod, Andrew Weisman, a former federal prosecutor, MSNBC legal contributor, and host of the excellent podcast, Main Justice, from MSNBC.
Starting point is 00:50:29 Andrew, welcome back to the pod. Yeah, we're going to do all of that in 10 minutes or less. The fall of Western democracy. That's right. That's really the running theme of all of our podcasts this last month here. Ours as well. All right, Andrew, let's start with the shake-ups
Starting point is 00:50:45 of the Department of Justice. This week, Trump ordered the firing of all the Biden-era US attorneys, saying the department is too politicized. This has caused quite an outcry and levels of concern from people out there. Is this normal? Is it concerning to you? What do you think?
Starting point is 00:51:03 So of all the things that have gone on, all the actions of the FBI, the Eric Adams case, the resignation of the chief of the criminal division in the DCU attorney's office, all of that, as well as the statements being made by Emil Bové and all of Pam Bondi's sort of day one memos at the bottom of the list is asking the presidential appointed US attorneys to resign. So that is fairly standard. It's not standard the way it's done. I mean, it's usually not sort of as abrupt and it's not talking about weaponization and politicization. The US attorneys typically, typically do change
Starting point is 00:51:53 over when there's a change in party control. So that's not, that's the least of it in, in my book. If I remember this correctly, when Obama came in in 2009, and he did the same thing as other previous presidents have done, he did leave in place the Bush-appointed North Carolina US attorney, because that US attorney was in the midst of investigating Democratic presidential candidate John Edwards.
Starting point is 00:52:17 And he didn't want to seem like he was interfering with that. Are there any open cases or investigations here that could be affected by these firings? So the answer is yes, but we already have. We have bigger problems. Exactly, we have so many other things that are going on. I mean, those kinds of wonderful norms. Let's just start with President Obama
Starting point is 00:52:43 brought in the new US attorneys and what he told them is I know that I have nominated you and the Senate confirms you, but you need to understand your allegiance is to the Constitution, not to me. That is, which of course is like any fourth grader would understand that that's the way it's supposed to work, except that in the world we're in, that needs to be retaught because that's the opposite of what Donald Trump, in my view, wants.
Starting point is 00:53:13 He wants it first to be, you are loyal to me. Well, that's a great segue into the Eric Adams case. This is, I listened to your whole podcast on this, on May Justice, which was fabulous. And we could have a whole podcast conversation about it, but could you at least explain, give the short version to our listeners, what happened here and why this was such an unusual decision
Starting point is 00:53:35 in process from the Department of Justice? Sure. Mayor Adams is somebody who was charged during the Biden administration with five felonies. He is a Democrat. And so any sort of claim about politicization is a little weird because it was a Biden administration that charged him. He was charged about nine months before the primaries here in New York City.
Starting point is 00:54:01 This is what's unusual. The first sort of way this blew up is that the acting US attorney in the Southern District of New York that has the case sent a letter to Pam Bondi saying, I have been ordered to dismiss the case. And I've been told to dismiss the case not because there's a factual issue, not because we've got the law wrong, but because this is going to, among other things,
Starting point is 00:54:30 interfere with Eric Adams' ability to carry out the Trump administration immigration policies. And that is a quid pro quo, from her point of view, using the criminal case to get somebody to do the political bidding of the president. And to make sure that he's doing that, she says, they want us to not dismiss the case for good.
Starting point is 00:54:58 And that could be achieved also by the president pardoning Eric Adams, but they don't want that. They wanna do is dismiss it without prejudice so that it's dangling over his head like a choke chain, so that he has to do their bidding. And in fact, he has done that. He then appeared on Fox News saying that he would allow ICE agents to come into, uh,
Starting point is 00:55:25 New York city to effectuate arrests in locations. That's against the law, right? Eggs. That's exactly right. So, so what point I made with Jen Psaki is this, the current mayor of the city of New York is under indictment federally currently with five felonies. He is out on bail and he is on TV saying, ICE agents should come in and violate local law.
Starting point is 00:55:53 So that's the state where a motion has been made by the acting deputy attorney general to the judge overseeing the case to do just what he had directed the Southern District Prosecutor to do, the reason he had to do it is, I think we're up to eight, I might have my math wrong,
Starting point is 00:56:15 I never do math in public, so it's either seven or eight, prosecutors, career people, some with stellar sort of conservative credentials, have resigned over this, as they should because the idea that you would use the criminal law to do your political bidding is imagine, Dan, that the next step is, I'm going to ask a Democratic Congress person, I'm going to say, you know what? I'm willing to suspend your criminal case, but you're going to vote with Republicans during that time.
Starting point is 00:56:50 And let's see how your voting record goes, and if you toe the line. I mean, that is a quid pro quo also. Or imagine that Eric Adams said to Abel Mbove, I'm going to give you a bag of cash to do this. I mean, all of those things are why you're seeing so many career people say, this is not the role of the Justice Department.
Starting point is 00:57:15 And just think about that awesome power that would give the president and the Department of Justice to actually bend people to their will on the pain of being criminally prosecuted and going to jail. There was a hearing in this case this week, as you pointed out, that the Deputy Attorney General had to make the argument himself because it appears like no one else would do it.
Starting point is 00:57:40 What recourse does the judge have here? Could the judge deny the motion to dismiss? And if that were to happen, who would prosecute the case? So the law is extremely favorable to the government because prosecutorial discretion is something that is recognized as almost uniquely an executive branch function. And as you point out, Dan, if the court were to say,
Starting point is 00:58:03 you have to go forward, the Southern District of New York or now the public integrity section, because the case was moved from the Southern District to the public integrity section by the Deputy Attorney General. Where, by the way, he moved it. What happened was prosecutors resigned in the Southern District. He moved it to the public integrity section.
Starting point is 00:58:22 The public integrity section of people resigned because people are like, I didn't sign up for this. So what can the judge do? He has a narrow ability to say I'm denying the motion. And if necessary, he could appoint somebody to go forward. He could decide that he's going to have the case dismissed,
Starting point is 00:58:44 but with prejudice, not without prejudice, so that there isn't this sort of Damocles or choke chain component to it. He could hold a factual hearing. That's what I would do, because you need to know what is the, is there a quid pro quo and what's the nature of it? And make people have to testify at your oath. One of the little tidbits that I want to make sure people understand is Danielle Sassoon, the Southern District
Starting point is 00:59:15 acting US attorney who resigned, noted in her letter that when they had a meeting with the acting deputy attorney general, the former Trump criminal defense lawyer, a New York minute ago, that he ordered her people to stop taking notes and then confiscated them. And the acting deputy attorney general has not denied that. He has admitted that he did it, but he says he did it to prevent leaks. That is not facially plausible to me that that's the reason, because you know how you
Starting point is 00:59:52 can't prevent leaks by taking notes. People can leak without having notes of their conversation. All it does do is eliminate the written record so that you can lie about what happened. If such a factual hearing took place, could the judge demand those notes? Yes. Presumably they haven't found the bottom of a paper shredder somewhere in main justice?
Starting point is 01:00:15 So the answer is yes, he can demand the notes. And if they have been destroyed, that is one, it can be used by the judge to as evidence that they would have been favorable to Dandale Sassoon's position that there was a quid pro quo. I mean, to me, you don't have to be a lawyer to understand that. If you confiscate the notes and shred them, you're entitled to draw inferences from the fact that you did that. If they were helpful for you, you don't destroy them. Right, right. You put them in a safe somewhere.
Starting point is 01:00:49 Exactly. So the other thing he could do is something that Emmett Sullivan did in the Michael Flynn case. So that is in Trump 1.0, where remarkably, this is the only other time I've ever heard anything like this happening. And I was a prosecutor for 21 years. The only other time I can think of a situation like this
Starting point is 01:01:13 is from Trump 1.0. And there, what the judge did is he appointed somebody to represent the public interest. He said, you know, I've got the government and the defense aligned here, but they may not be presenting everything because I have Danielle Sassoon's letter saying, that's not what happened here. So Emmett Sullivan was in that situation, and he appointed
Starting point is 01:01:38 a former judge, John Gleason, to represent and advocate with respect to the law and what else the judge should consider. It doesn't mean the judge had to agree with what that amicus said, but it was important to have another voice at the table when the whole idea is that there's a collusion between the government and the defense at issue.
Starting point is 01:02:05 Last question on this. I'm sort of obsessed with it, so I've gone a long time on it. But could a local prosecutor, maybe Alvin Bragg, take up this case? Absolutely. So this is like music to my ears, because I wrote a short piece for just security.
Starting point is 01:02:18 Can I just give a big plug? Because even though I'm on the board there, the people who do the day-to-day work are so great. Trust Security is affiliated with NYU Law School where I teach. It's just a great place for independent, smart analysis. It's also got a litigation tracker. So if you're trying to keep track of the,
Starting point is 01:02:39 you know, I think we're up to 80 cases that have been filed since January 20th with respect to the actions of this administration. You can sort of see it there. But I did a short piece pointing out that Alvin Bragg, the Manhattan District Attorney, definitely has the legal authority to do this. And he has the state crimes that are entirely
Starting point is 01:03:01 comparable to the federal crimes. And I sort of matched them up. And I think your listeners know that Alvin Bragg has done this before, where he has stepped into the breach, obviously most famously with respect to the Donald Trump case when the feds balked, but he did it in the Steve Bannon case as well. Could he get access to,
Starting point is 01:03:23 I can't remember what happened in that case, whether the US Attorney's Office shared the evidence that they had gained with Alvin Bragg, but here I imagine the Pam Bondi, term of justice would not do that for Bragg this time around. I agree with you that if it has not happened already, their position would be they would not want to do it. But there's reason to think that it
Starting point is 01:03:47 may have happened already. We wouldn't know it because it would be under seal. But the prior, when Danielle Sassoon was still the acting US attorney, she could have shared that. It is legal to do that under, just to be nerdy federal rule of criminal procedure six that governs federal grand jury secrecy. There's a provision that permits the federal government to share that information with the state prosecutor. And so that may have happened
Starting point is 01:04:16 and it's worth remembering that although it's not on the same charges, Alvin Bragg has a charges, Alvin Bragg has a case involving public corruption of a principal advisor to Mayor Adams. So he's already in the mix. Now it's not the same scheme, I just want to make sure as people know it's not it's not apples to apples, but all of that suggests to me if I were in the Southern District of New York, I would have been thinking about making sure that the evidence that I've amassed lives somewhere independent of people who want to engage in bad behavior.
Starting point is 01:05:03 On a separate topic, the interim US attorney of Washington, DC has been suggesting that he's going to investigate and probe people who make threats. He sent a letter to Senator Schumer about a comment Senator Schumer made four years ago about Supreme Court justices. There's been some contact with Congressman Robert Garcia's office.
Starting point is 01:05:23 Just what is your reaction to this? I know weaponization is a real term that doesn't mean anything anymore after Trump's in charge, but this sort of weaponization of a US attorney's office. So can I just say with the word weaponization, that is a real thing. I don't want Donald Trump to be able to co-opt it to say, no, you're doing it, no, I'm doing it.
Starting point is 01:05:48 Facts matter. And what we're seeing is the actual weaponization of the Department of Justice. And so, you know, I'm big on, if you want to use a label, where are the facts to support it? And that isn't something that they have. In my view, what Ed Barton is doing, I mean, he's never, as far as I know,
Starting point is 01:06:11 has never been a prosecutor. He's engaging in behavior that is completely thuggish. And this is one of those things where, at some point, the worm will turn and he will not be in that position. If he engages in behavior that is criminal, there are sanctions for that. If he engages in behavior that violates professional norms, I know this seems small bore, but he
Starting point is 01:06:38 can be sanctioned and actually disbarred. So one of the things that I think there's already a bar complaint against him is he is the acting US attorney. He previously was doing defense work and was actually the counsel of record on January 6 cases for those defendants. There's nothing wrong with that. I mean, being a defense lawyer on controversial cases
Starting point is 01:07:05 can be a very noble thing. He did both at the same time. He actually sought to dismiss cases where he was the prosecutor and the defense. That is not allowed in the legal profession. You know, you've mentioned Daniel Sassoon and these members of the public integrity section who have resigned.
Starting point is 01:07:23 And resigning is a principal thing, but also maybe the other way of thinking about it is the principal people keep leaving the department at a time when they really needs principled people. Like, you're a longtime veteran of the Department of Justice. What do you think they should be doing? What's the right thing to do here? What's the best way?
Starting point is 01:07:40 Is there a way to protect the rule of law from within the department in the situation they're in? That is a tough and great question. Here's, so one, I think it's a very individualized decision about sort of what you do, but at some point, there is no choice because you are being directed to do something that you have determined is either illegal, unethical, or just violates whatever principles you have,
Starting point is 01:08:12 and you can't stomach. For instance, I don't believe in the death penalty. If somebody directed me and said, you have to prosecute a death penalty case, I would either say, you have to fire me, or I'm going to resign. I think that's sort of dancing on ahead of a pin about which way you do it, the arguments either way.
Starting point is 01:08:31 So at some point, if you're in that position where you're directed to do something, you actually have no choice. I mean, you can't go forward. You look at yourself in the mirror. I think the harder situation is purportedly when Amiel Bové was trying to find somebody to do the evil deed of like filing this motion and that he takes the Southern District of New York prosecutors off and then he goes to public
Starting point is 01:08:58 integrity of all places, the public integrity section that is public corruption cases. And he basically is on Zoom is like putting him in a meeting. And it's basically cough up somebody. Or I mean, what I understand is it's cough up somebody or you're gone. That's sort of the message. And that's where there's, I think, a healthy debate about what's the best way to deal with that. Do you cough somebody up? Do you all resign?
Starting point is 01:09:26 I mean, I think there are pros and cons. What ultimately happened was one person who was near retirement said, I'll sign it. And essentially, he then saves what I'll call the good people because they then all get fired. And so that is a positive. And if you look at the actual filing that he signed, it's really interesting because the attorney who signed it did not make any factual representations
Starting point is 01:09:54 that were false. Everything was the acting deputy attorney general has determined the following. The acting deputy attorney general believes this. The acting Deputy Attorney General has directed X. So the person put their name on it, but was not going to represent anything as being true or his own beliefs. And one other point, when this actually went to court, you've noted that only Emil Boves came. And I think there's a reason for that,
Starting point is 01:10:24 because if the other lawyer had shown up, and this is essentially what happened in the Roger Stone case, when the same similar situation happened and career prosecutors withdrew from the case, if you have that person show up, that would have given Judge Howe the ability to say, "'Tell me what happened.
Starting point is 01:10:43 "'Look, what happened? "'Why are you here? Why did you sign it? What's going on? And all of the facts about what happened and what Emil Bove had said to the group of public integrity people would have spilled out on the record. So in some ways, Emil Bove was smart to be the person
Starting point is 01:10:59 to stand up. But Dan, that's another thing that's just so unusual. Not only is it completely unheard of to see career people resign, last time I can think of it was Trump 1.0. And prior to that, of note, it's the Saturday Night Massacre. But the Deputy Attorney General does not go to court. Right. That's right.
Starting point is 01:11:21 They're busy. Theoretically. He's been very busy, clearly. Last question for you. These are obviously very dangerous, scary times for lots of people. As you point out, Trump is, and Ed Martin, and Emanuel Boving, these people are weaponizing
Starting point is 01:11:36 the Department of Justice. Things are going to get a lot scarier. Cash Patel was confirmed on Thursday to be FBI director. There have been explicit threats made to you. Steve Bannon suggests that you should go to prison for a long time. How are you processing that? What is your reaction to it?
Starting point is 01:11:51 How are you thinking about the personal risk for yourself? Well, I'm in very good company. There are lots and lots of people on that list. After all this time, I'm still an institutionalist who believes that facts and law matter. Since I haven't done anything wrong, it doesn't mean they can't make my life and a lot of other people's lives, you know, hell and misery. But there are judges in this country
Starting point is 01:12:26 and there are juries in this country and there are grand juries and there are trial juries. And that so far is not, those institutions have not been undermined. It's a very sad state that we're sort of where we are. But I tend to not try to not sort of personalize it and just think about sort of big picture where we are. And just going back to what we were talking about when
Starting point is 01:12:56 you asked what should career people do, I don't really have any other choice because I'm not going to stop speaking what's on my mind and saying what I think. And the day I stop doing that, it's like I can't look at myself in the mirror. And I don't think I deserve any credit whatsoever for that. I think there are a ton of people in this country who
Starting point is 01:13:18 feel exactly the same way. Andrew Weisman, thank you so much for joining us. It's always great to talk to you. It's nice to talk to you. And everyone check out his podcast, Main Justice. That's our show for today. Lovett's going to be back in the feed on Sunday with the one and only Bill Maher. Talk to you then.
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