Mailbag: High Crimes, Low Blows, and the Limits of Presidential Power
Powered by your toughest questions, Tristan dives into a whirlwind of legal and constitutional chaos: Can a sitting president be court-martialed for crimes committed in office? (Spoiler: No, but the constitutional crisis scenarios get wild.) Is defying a Supreme Court order impeachable? Absolutely—and Tristan explains why Congress’s refusal to act is a historic failure.
Listeners ask about the slow grind of justice for Trump-era corruption, the legal exposure of law firms and universities targeted for political retribution, and why staffers who “do the criming” might want to lawyer up. Tristan breaks down the myth that undocumented immigrants aren’t protected by the Constitution, using both legal logic and a baguette-wielding tourist for good measure. Plus: Can Americans sue the Supreme Court for its presidential immunity ruling? (Don’t get your hopes up.) And, finally, will embattled officials like Pete Hegseth ever step down—or will dysfunction reign?
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37:13
How Harvard’s Lawyers Are Schooling the Trump Administration
Tristan dives into Harvard University’s landmark lawsuit against the Trump administration. As the stock markets head for their worst April since 1932, Tristan examines how Harvard is fighting back against what it sees as unconstitutional government overreach threatening academic freedom and free speech. The episode breaks down the legal arguments on both sides, focusing on First Amendment protections and Administrative Procedure Act violations, while explaining why this case represents a critical moment in the ongoing struggle between higher education institutions and a government Tristan characterizes as seeking political retribution. Beyond Harvard’s $53 billion endowment and legal position, Tristan explores the broader implications for research universities nationwide and what’s at stake for American scientific advancement if federal funding to these institutions is threatened.
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53:57
Signalgate Expands: Pete Hegseth’s Pentagon Purge and Immigration Injustice
In this episode, Tristan begins with a deep dive into the expanding “Signalgate” scandal, revealing that Defense Secretary Pete Hegseth had a second Signal chat group sharing sensitive military information about Yemen airstrikes with inappropriate recipients, including his wife, brother, and personal lawyer. The scandal has triggered an investigation by the DOD Inspector General and led to a staff purge at the Pentagon.
Tristan also examines the ongoing immigration crisis, discussing the Supreme Court’s 7-2 decision to freeze deportations to El Salvador and highlighting shocking cases of due process violations, including a US citizen detained by ICE despite presenting his birth certificate. Additionally, he warns about the Trump administration’s plans to gut FDA food safety inspections, explaining the historical importance of these regulations in preventing foodborne illness outbreaks and protecting public health.
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53:20
Mailbag: Democracy on the Razor’s Edge
From the legality of deporting citizens to foreign detention camps, to why Elon Musk hasn’t faced prosecution for alleged election interference, to the prospects for impeaching a president who defies the rule of law—Tristan answers your questions. We’ll unpack the constitutional bedrock of habeas corpus, the dangers of circumventing due process, and the real-world consequences of unchecked executive power. Submit your questions for the next mailbag at tristansnell.com
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50:31
Authoritarian Throwback: Trump’s Deportation Playbook (with David Pakman)
Tristan breaks down how Trump’s latest immigration moves are straight-up medieval—think mass detentions, zero due process, and even outsourcing detainees to El Salvador’s infamous mega-prison. It’s not just a policy debate; it’s a full-on challenge to the rule of law, and the Supreme Court is getting dragged into the mess.
Tristan is joined by David Pakman—YouTube OG, host, and author of the bestseller The Echo Machine—for a no-BS conversation about the rise of authoritarian vibes, why loyalty is replacing competence in government, and how the left can actually win by ditching purity tests and building a real coalition. They get into why most people aren’t glued to political podcasts, how the right is dominating lifestyle content, and what it’ll take to reach new audiences (hint: it’s not just more political hot takes).
TAKING DOWN TRUMP is a book, a Substack, and now – a podcast.
Every week, Tristan Snell gives you an indispensable go-to pod on Trump’s trials and other top stories impacting law and democracy – with a weekly news roundup, a deeper dive on a topic you need to know about, and special guests.
Tristan Snell led the NY AG’s successful prosecution of Trump University, recovering $25 million for Trump’s victims in the first major legal loss he ever suffered. As a lawyer, a legal commentator on MSNBC and CNN, and the author of the best-selling book TAKING DOWN TRUMP: 12 Rules for Prosecuting Donald Trump By Someone Who Did It Successfully.
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