What if Trump Just Ignores the Courts?

February 11, 2025

Guests: Quinta Jurecic

Quinta Jurecic is a senior editor at Lawfare and a fellow at the Brookings Institution who writes about legal and national-security issues; Klein introduces her as his go-to analyst for the Trump administration's collision course with the courts.

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About this episode

Recorded as courts froze Trump's early executive actions — the birthright-citizenship order, the OMB spending freeze, the USAID dismantling, and DOGE's access to Treasury payment systems — this episode asks what happens if Trump simply defies the judiciary. Jurecic, of Lawfare and Brookings, argues many moves are unlawful precisely because they bypass Congress, and that the administration's sloppiness (rather than surgical test cases) may alienate even a sympathetic Supreme Court. The conversation covers the FBI's resistance to purges under acting director Brian Driscoll, the failed 'Fork in the Road' federal buyout, the radicalization of civil servants, Congress's abdication of its checking role, and why polarization has broken the separation of powers. After JD Vance's tweet claiming judges can't constrain the executive's 'legitimate power,' Jurecic raises her alarm to 'blood orange' — not yet panic, but closer.

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