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Trump’s blitzkrieg of executive orders has left many of us scrambling. The policies are cruel and reactionary, but do they amount to a constitutional crisis?

Thank you to our wonderful subscribers. Your support will help us dissect and analyze upcoming Supreme Court cases in the Trump 2.0 era.

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Comments

Jack Georgeou

Thank you. I appreciate the round-up from you guys.

hayley summer evans

tysm guys for everything u r doing right now. i will be sharing your podcast to all my friends and family to help them understand what is going on. its fine to be scared but now we also must be prepared to combat what comes next

Meggy Parsec

Are there no Americans within these enforcement organizations willing to take a stand against illegal orders? Have i just watched too many '70's films? I guess I still really believe we are peppered with an "everyday hero" type of citizenry. Fingers crossed. You all are doing your part, many thanks.

AcredibleAllieBi

The the birth right citizenship, one really confused me because they’re also trying to make it so it’s impossible to get an abortion. For an example I can think of personally my husbands Dad was a refugee of the Vietnam war he came over on a boat that whole thing my husband‘s mom was a minor When she got pregnant in this case obviously it wouldn’t affect her because she is a natural citizen their family on that side goes back like way back 1700 kind of shit, but if she wasn’t, this is where it gets really muddled. It was definitely statutory rape regardless of it being consensual, could she lose citizenship for the infant that she probably shouldn’t have had in the first place? That seems so unnecessarily cruel. I mean the whole thing is but there’s so many nuances that are not at all being considered. The other aspect of my husband‘s mom in particular is she kind of lost him the dad she tried to tell him she was pregnant and he just kind of disappeared and she didn’t do a very great job. It was also the 80s and she’s 15 and a person of color. She just didn’t get any traction so on his birth certificate there’s just no father listed so if the father citizenship would determine the child citizenship and the father just dipped, what do you do especially like in the case of my husband, it’s been 38 years. We’ve tried to find his dad. There’s not really a lot you can do.

AcredibleAllieBi

Going off of his, he had refugee status at the time of conception, but he may or may not have lost that if he had committed a crime like we have no idea if he’s even still in the country so if they lose their permanent resident status later, but not at the time of conception is a refugee considered a permanent resident? I don’t expect an answer to these 40 million questions. It’s just like God I can see this getting really complicated.

Pablo Barría Urenda

I should've asked this for the Q&A episode, but: if the law still matters, is there any way in which the end of Chevron Deference might actually hinder the executive in their power grab?

adri

sweet lord pls drop his real name so i don't have to google "elon musk big balls"

Matelda

Democrats don't lose on purpose but there's no question that they fail on purpose. We've seen them make up rules for themselves to prevent the possibility of action on the agenda their voters believe they support. They may find Trump-style fascism distasteful & they wanted Harris to win but (yes they are morons, and) they have no professional skills besides stifling the left. That literally is their actual job.

chelsea beaupre

You guys are often the only podcast I can to listen to about newsy topics because you are both well researched and mad enough. It's endlessly frustrating to hear "Trump fired the head of OGE, the guy in charge of making sure he doesn't do bad things." When it is bad to fire the head of OGE, but that isn't why, and that isn't the Director's job. So from a federal attorney, thank you, thank you for the care you put into this episode and for not driving me further insane.

Mountain Dew Or Crab Juice

They don't lose on purpose they just: ignore things the majority is calling for, aren't harmed by losing because they share corporate interest, blame everyone but themselves, consistently rehire the same losers with bad strategies from previous elections, and pander to the non-existent "moderate" fascist.

August Hupp

Theres a lesson in organizing that feels p much the same as what Rhi was saying abt the Dems. Basically, there are mechanics to infiltrators and ops that impede our ability to organize and get shit done, and those behaviors have the same effect, regardless of if its an intentional stratgey by someone getting paid by the FBI, or if its just some unserious asshole unaware of how they are derailing the movement. Instead of spending time trying to sus out everyone's motivations and intentions, we are better off identifying the behaviors that impede our progress, and actually enforcing the values & practices we agree to. Idk which dems are misguided, which dems are stupid, which ones gave up, which ones are secretly rooting for republicans, etc. But they are not meeting the moment, regardless of intention.

Nona

I'd argue the most important idea for understanding the modern Democratic Party is the Iron Law of Institutions: it's better for my institution to lose its power and legitimacy than for me personally to lose my power and legitimacy within that institution.

Sara Martinez

Interesting question! Maybe if the Supreme Court was actually apolitical and impartial, but Trump's first term solidified the power grab of the Supreme Court before the power grab of the agencies even began. Unfortunately it seems like the "if the law still matters" question might be the more relevant one to ask...

Rachel Raspberry

Not to get lost in the weeds, but just wanted to point out that “fully transitioned” is not a great term because it implies that trans people who can’t or choose not to have a particular surgery, such as gender confirmation bottom surgery, are incomplete or NOT fully transitioned. This view is often termed transmedicalism. Obviously I know what you meant and take no offense. Just wanted to offer a little bit of insight from a trans listener! 💛

Subodh Kafle

5-4 live from a barge outside Gitmo w/ Dick Durbin and Ginni Thomas

Incredibleplum

In the words of our Gen Z tech overlords "Big Balls" and co.. Big Yikes, we cooked fam no cap.

Molly

I’m getting the impression. That they don’t care that they’re breaking laws. I don’t think they’re expecting to face consequences. Can you provide any insight on this?

Cara

For you guys to commit to the bit is all I want now 😄

LadySwayze

You think I give a hang about TikTok security when BIG BALLS has my social!? SMFH

RJ

Does “hormone therapy” include birth control?

Travis Barker

Just checking in on Michale to see how he is coping after the Eric Adams news.

Alex

Despite Jan 6, the Dems aren't acting like there are Republicans IN OFFICE who aren't opposed to seeing them killed, and some Republicans openly calling for their expulsion or murder. It is stunning. And it's only gotten worse since 2020. They should be fighting for their lives and the lives of their constituents, not their positions. Cowards. (Not universally of course, but generally.)

AcredibleAllieBi

I’m just a regular person but I’ve heard NATO is taking an offensive stance.. so not looking great

genrepunk

Thank you for saving me from myself. I would just be staring at a live feed of horror day in, day out.

AcredibleAllieBi

Petey Hegseth and Marco Rubio are meeting with NATO this week and I have it at a 80% chance Marco rats everyone out in exchange for protection

Winter

How are people this mad about me wanting boobs

10LawnGnomes

With like so many of these orders getting challenged in court, how much does that end up costing? And where does that pool of money come from?

Ian Hedberg

I'm actually subscribed BECAUSE you do a good job reporting on news. Supreme Court cases are de facto legislation and I hate trying to read news coverage which rarely reports on these cases, and when it does obscures what is happening because the truth is too disrespectful to right-wingers and I have to spend so much energy trying to decode and decipher, for instance "could lead to difficulties for the distribution of certain funds, critics say" means "outlawed department of education funding for schools that don't teach white supremacy". Hearing about old cases is fun and educational, but I wouldn't mind if it was all emergency episodes.

yema

Agree with hearing them decode contemporary news!

yema

Will yall consider an episode discussing the Musk/boy-men coup in detail? Specifically, can you explain ALL the data we know they have? Can you discuss the Dept of Treasury data being kept on an insecure server? Can you discuss the identities of some of the “doxxed” boy men, such as mr Big Balls? He has a history providing hacking services to Russia and China. Lastly, an analysis of what this may mean for us… even if speculative. I still feel like you guys would present an analysis that’s less crazed/conspiratorial than what I’ve been reading. Thanks for all you’ve done already.

Sue (deathbearghost)

if they bypass congress' control of treasury funds, do we still have to pay federal taxes?

jbwhat

You guys should do podcasts about future cases, like when Trump and Musk fight for their constitutional right for billionaires to make snuff films because it will fund social security, or something. You know, Alito talks about why he watched it 12 times, and Thomas talks about camera angles, and whatever else. And then Fox gets angry because Roberts joins the minority because of something stupid that makes him look like he gives a shit.

Samuel Clemmons

I wouldn’t worry about an episode being slightly out of date, just go ahead and assume things are incrementally getting worse and you should be just fine.

Rodolfo A

How legal is it to defer income taxes for the year 2025? How legal is it to start a movement telling all Americans that don’t feel represented to defer their taxes for the year? If it was legal, both that “legality” means anything rn, could that put pressure on the gov?

Gwynedh Van Allan

Can we talk about the bill on Voter Citizenship? And the documentational proof of citizenship (which looks like is going to cause all kinds of problems for people with name changes) but also has a whole section dedicated to how the updated voter/citizen rolls will be used to remove non-citizens from both voting and the country?? Official updated papers. No discrepancies across papers. Link to bill: https://www.congress.gov/bill/119th-congress/house-bill/22/text

Gwynedh Van Allan

Follow the federal parks accounts (they are reporting). There is a coalition of federal employees. But things are violent and chaotic and it is bad. People are disjointed and afraid and everything is happening all at once and very aggressively. So yes, and, we haven't gotten to the point of people being shot, or willing to be shot, so.... 😬

Addison

Our legal rights extend as far as our government allows them to in any given moment (see the treatment of pro-Pal protestors). The legality of any resistance doesn’t matter, it’s all dependent on headcount and organization

Melissa Tucker

So like, if he nullifies the constitution, then he also nullifies his authority as president, yes?