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It's Friday, February 14th. Happy Valentine's Day. I'm Jane Koston, and this is What A Day, the show welcoming you to the first day of RFK Jr.'s American healthcare system. You just know the dead worm inside his brain is putting on his finest business suit, ready to bring back polio. That's actually an adorable mental image, you know, like a little worm in a little suit, except for the polio.
On today's show, the wannabe head of the Department of Education says she is ready to help dismantle the Department of Education. And there's new hope the ceasefire between Hamas and Israel will continue to hold. But first...
The front line of the fight against the Trump administration isn't stocked with Democratic members of Congress right now. Rather, it's Democratic state attorneys general that are leading the charge, challenging the Trump administration's efforts to end birthright citizenship, strip some funding for life-saving medical research from the National Institutes of Health, and let Elon Musk and the Department of Government Efficiency run roughshod through the federal government. Here's California Attorney General Rob Bonta speaking after announcing a lawsuit aimed at Trump's birthright citizenship executive order in January.
Trump is following through on a campaign promise. Today I'm also following through on a promise to take action if Trump violates the law.
On Thursday, a group of Democratic attorneys general representing more than a dozen states, including New Mexico's Raul Torres and Michigan's Dana Nessel, announced that they had filed a lawsuit alleging that President Trump violated the appointments clause of the United States Constitution by creating the Department of Government Efficiency without congressional approval and by giving Musk massive powers without Senate approval.
In a statement announcing the lawsuit, Arizona Attorney General Chris Mays said, quote, we cannot allow our democratic processes to be hijacked by immense wealth and privilege. But the Trump administration has signaled its interest in maybe just ignoring the courts. In a tweet posted on Sunday, Vice President J.D. Vance said, quote, judges aren't allowed to control the executive's legitimate power, which would be huge news to judges. So what can attorneys general do?
For more on how Democratic state attorneys general are working together to push back on the Trump administration's questionably constitutional actions, I spoke with New Jersey Attorney General Matthew Plattkin. He stopped by the studio on Thursday. Attorney General Plattkin, welcome to What Today. Thanks so much for having me. So let's start with the suit over Doge and its access to some secure Treasury Department data. What effect is that having on New Jerseyans?
Well, I think it's having a huge effect. First of all, it's freaking everybody out, appropriately so. I don't think, you know, people say, oh, well, President Trump was elected. That's true. But I don't think anybody vote went in November. I don't remember this coming up. I don't remember Elon Musk gets Treasury Department data being a real part of the campaign. Right, that he was going to bring a team of 19-year-old hackers to our most sensitive data, people's social security numbers, their tax data. And I have heard from so many people in my state that our...
scared that this guy is getting access to sensitive information that he has no right to access. And similarly, the administration's pushed to cap some funding for medical research through the National Institutes of Health. But here's my thing. The legal system moves very slowly. And while judges have so far blocked a lot of Trump's actions, I'm worried that Trump's going to pull on Andrew Jackson and decide he just doesn't care. So what can the courts really do here?
Well, that's exactly what the courts are there to do. And look, I mean, the Doge case, we filed at 11 o'clock at night. I woke up at 5 a.m. and already had the restraining order issued by the judge. And so that's pretty good efficiency for the Department of Government Efficiency, frankly. You know, I think...
Courts are prepared and capable of responding to blatantly illegal acts. What you touched on is something that I think everybody should be concerned about. You heard the vice president of the United States, the second highest ranking person in this country, openly questioning whether this administration has to follow the
what the courts say. And we've never been there as a country. Like, yeah, Andrew Jackson, by the way, Trail of Tears, a really famously great period in American history. A plus. But it's scary. And people should wake up, I think, to how alarming that is. And so I think, you know, if they continue to openly question that, um,
we're going to head down to a pretty dangerous place. What can a state attorney's general's office reasonably do in a situation in which the administration begins to ignore court orders? What recourse do you have? Well, I think it's also important to note in the first instance that they're largely complying. I mean, we had an issue in the funding case in Rhode Island that we were one of the leaders of, which, by the way,
$3 trillion of funding. It's not like it was a few bucks that he was holding back related to something that he cared about. He was holding back everything. Medicaid, law enforcement funding, Head Start, veteran services. And we went to court and got a subsequent order to make sure that that was followed. But right now, what they're largely doing is threatening to do it. And whether that's because they want to try to influence the courts or because they actually want the American public to be prepared that
They might not follow. As attorneys general, we swore an oath to uphold the Constitution. The president and the vice president also took that same oath, by the way. And we're responsible for standing up in court for the people that we serve. And we're going to keep making sure that the courts uphold the law and that this administration follows it. It seems like state attorneys general have been prepared for Trump's return to office in a way that congressional Democrats were not or wouldn't.
maybe just can't be because they're out of power. But how are you coordinating with other Democratic attorneys general across the country right now? Well, I think generally speaking with President Trump, kind of what he says is largely what he does. And that was the story of the first Trump administration. And so coming in
to this second administration starting a year ago, well before we knew how the election would play out. You know, you have to hand it to them. They were remarkably transparent in at least one respect, which is that they laid out everything that they largely wanted to do. Project 2025, 920-page document. They told us in black and white what they were going to try to get done. So we took it seriously, and we prepared, and we looked at the many things in that document that were illegal and would hurt our residents.
And so as AGs, we work closely all the time. Like this is nothing new. We've sued social media companies for harming our kids. We've sued the opioid manufacturers for fueling the opioid epidemic. We sued gun companies for profiting off of gun violence. And now we're suing a federal administration that's violating the law and hurting our residents. It's no different than what we've done in the past. And-
I wish it was a bipartisan collection. I mean, you mentioned the NIH cuts. I don't think, again, what people voted for. I don't think anybody voted to cap indirect costs to universities and cripple institutions of higher education across this country and medical research. But that's what they did. And it hits red states just like it hits blue states. But for some reason,
no Republican attorneys general have been willing to step up. And so we're prepared, we are coordinated, and we're going to keep standing up for the rule of law. I mean, the speed at which this is all happening, I think, is new. So is there like a hotline you have? Are you like texting California Attorney General Rob Bonta? Like, let's go. Let's do it. Let's go. Yeah. I probably talk to Rob more than my wife. Probably true for all the other attorneys general at this point, which
You know, you'd have to ask my wife if that's a good thing or a bad thing. But, you know, we talk all the time and you have to. I mean, I laugh at this idea of like flooding the zone because really all that means is he's doing a whole bunch of illegal things all at once and hoping he'll be able to sneak some past the goalie.
And that just hasn't happened yet. To what extent do you think this administration is baking in the fact that, sure, there's going to be legal resistance, but we can hobble these agencies faster than the law can respond? Do you think that's how they're trying to sneak things past the goalie, as you said?
I think, look, Elon Musk is running around, like I said, with his team of hackers doing all kinds of potentially illegal things. And his mantra is to move really fast and try to get from point A to B as fast as he possibly can, no matter what harm it causes. And the president has just let this unelected billionaire run roughshod over the republic. But
you know, courts are stepping in. I think you're going to continue to see a lot of lawsuits when you have an administration that is violating the law in the way this administration is. And then I hope
It is my hope that you will see people across the political spectrum as well as business leaders and law enforcement leaders. If this continues to be a threat that, hey, at some point we're not going to follow what they say, if people in business want to see what it's like when you don't have courts that are followed, they can go to Russia and see how property rights are protected there or go to China and see if you develop
an app in China how protected your rights are in a country where the rule of law isn't followed. And so these tech bros should probably be a little careful about playing with this kind of fire. Earlier this week, we saw the newly confirmed Attorney General Pam Bondi announce a lawsuit against New Jersey's neighbor, New York, including the governor and the state's Attorney General, Letitia James, over the state's immigration policies. How concerned are you about the prospect that Bondi will use the Justice Department to try to punish blue states?
Here's the thing, like states have rights and this whole issue of whether or not states have to are interfering with federal law has been addressed. And so, you know, what we have an obligation to do is follow the law of our states. And that's what we're doing. Nobody's giving this idea that there's sanctuary for violent criminals. Doesn't happen anywhere. Definitely not in New Jersey.
What we do have is sensible policies that say, if you're a victim of a shooting or a sexual assault and you've done nothing wrong, we don't want you to call the police. We don't want you to tell them about it so that we can hold...
another bad guy accountable. That's what these, that's what this boils down to when they are really trying to say, oh, like they're interfering with our ability to conduct immigration proceedings. Like it's nonsense. Nope. That's not what's happening. But could these kinds of lawsuits from the justice department limit your office's ability to go after the Trump administration over policies you think violate the law?
Look, I want to be clear. We're not going after the Trump administration. I think one big difference, if you had the room of Democratic attorneys general here, the 23 of us, you wouldn't have a single one of them saying Donald Trump didn't win the election.
You wouldn't have a single one of them saying there's election fraud. And so he can put forth a policy agenda. I've never disputed that. I may not like certain things about it. That's not the test. The test is, is he violating the law? Is he violating the constitution? And is he hurting our residents? And when we've stepped in, these haven't been close calls. Like
Birthright citizenship is in the 14th Amendment. It's plain as day. And he just said, oh, I'm going to rewrite that on the first day in office. No, you don't get to do that. Freeze $3 trillion of spending that Congress put forward. And so that's not like, you know, dying to fight with the administration. That's standing up for our residents.
But again, do you worry about the Justice Department coming after you with politicized attacks? Because that is something new to me, new here. You know, for me and for all my colleagues, I think we believe this is important work. And we believe this is work that matters to the people that we are sworn to protect. And I'm not going to bat an eye, just like I didn't bat an eye taking on the Biden administration. And if you go to New Jersey, there's a lot of powerful Democrats who don't like some of the things that I've done.
And I've taken that on too. And we'll take on whomever and whatever if it means protecting our residents. And that's what we are obligated to do. Attorney General Plotkin, thank you so much for joining me. Thanks for having me. That was my conversation with New Jersey Democratic Attorney General Matthew Plotkin. We'll get to more of the news in a moment. But if you like the show, make sure to subscribe, leave a five-star review on Apple Podcasts, watch us on YouTube, and share with your friends. More to come after some ads.
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Here's what else we're following today. Headlines.
For 20 years, I've gotten up every morning on my knees and prayed that God would put me in a position where I can end the childhood chronic disease epidemic in this country. On August 23rd of last year, God sent me President Trump.
Senate Republicans continued to demonstrate unwavering fealty to President Donald Trump Thursday by confirming vaccine denier Robert F. Kennedy Jr. to lead the Department of Health and Human Services. Kennedy was sworn in a few hours later during a ceremony with Trump at the Oval Office. Former Senate Majority Leader Mitch McConnell was the only Republican to vote against confirming Kennedy, alongside every Democrat.
The Kentucky Republican and polio survivor cited Kennedy's, quote, record of trafficking in dangerous conspiracy theories and eroding trust in public health institutions in a statement on his decision to vote now.
Seems like a no-brainer to me. And you know things are bad when Mitch McConnell is the only voice of reason within the Republican Party. But I'm sure Maine Senator Susan Collins furrowed her brow really, really hard when she cast her yes vote for Kennedy. Good thing there aren't any looming health threats on the horizon. Oh, wait, that's not true at all. Bird flu is getting worse, not better. The regular old flu is also really bad this year.
There's an ongoing measles outbreak in Texas, and overseas, there's an Ebola outbreak in Uganda. What could go wrong?
Also on the Senate confirmation front, Linda McMahon, Trump's pick to head the maybe soon to be torpedoed education department, had her first hearing on Thursday. She promised Louisiana Republican Senator Bill Cassidy that any dismantling of the department would all be done legally and with Congress's OK. Yes or no. Do you agree that since the department was created by Congress, it would need an act of Congress to actually close the Department of Education?
And certainly President Trump understands that we'll be working with Congress. We'd like to do this right. We'd like to make sure that we are presenting a plan that I think our senators could get on board with and our Congress could get on board with that would have a better functioning Department of Education, but certainly does require congressional action. McMahon also suggested that classes on topics like black history might not be permissible under Trump's anti-diversity measures. Can
Connecticut Democratic Senator Chris Murphy asked McMahon about it directly. My son is in a public school. He takes a class called African-American history. If you're running an African-American history class, could you perhaps be in violation of this court order, of this executive order? I'm not quite certain, and I'd like to look into it further and get back to you on that. So there's a possibility, there's a possibility, you're saying,
that public schools that run African American history classes, right? This is a class that has been taught in public schools for decades could lose federal funding if they continue to teach African American history.
No, that's not what I'm saying. I'm saying that I would like to take a look at these programs and fully understand the breadth of the executive order and get back to you on that. Okay. So is this like a we'll get back to you on that as in I will never think about this again way? Or the answer is yes. And I just don't want to say right now because I'm trying to get this job.
At NATO headquarters in Brussels on Thursday, Defense Secretary Pete Hegseth appeared to pull back on his comments regarding Ukraine and its bid for membership in the military alliance. I want to be clear about something as it pertains to NATO membership not being realistic outcome for negotiations. That's something that was stated as part of my remarks here, as part of the coordination with how we're executing these ongoing negotiations, which are led by President Trump. State
Stated as part of your remarks, meaning you stated them. On Wednesday, Hegseth said the U.S. doesn't think a NATO membership for Ukraine is a, quote, realistic outcome in a negotiated deal with Russia. But the very next day, Hegseth wanted to make it clear everything is on the table and up to his lord and savior, President Trump. What he decides to allow or not allow is that the purview of the leader of the free world, of President Trump,
So I'm not going to stand at this podium and declare what President Trump will do or won't do. Hegseth added that he won't decide what concessions will be made or what concessions are not made. Trump said he spoke with both Russia's President Putin and Ukraine's President Zelensky in separate calls on Wednesday. He made it clear he wants to jumpstart negotiations to end the war. Vice President Vance is expected to meet with Zelensky in Munich today.
Hamas said on Thursday it's ready to release more Israeli hostages over the weekend in keeping with the ceasefire agreement with Israel. The Palestinian militant group threatened to delay the hostage release on Monday because of alleged Israeli violations of the agreement. Hamas said Israeli forces have opened fire on Palestinians during the pause in fighting. It also accused Israel of keeping medical supplies, tents, and heavy machinery from entering Gaza.
But on Monday, President Trump threatened Hamas over the release of the hostages. We want them all back. I'm speaking for myself. Israel can override it. But from myself, Saturday at 12 o'clock, and if they're not...
If they're not here, all hell is going to break out. Israeli Prime Minister Benjamin Netanyahu also warned the country would continue its military campaign in Gaza if the hostages were not released. A Hamas official confirmed Saturday's hostage-prisoner exchange is a go as long as Israel continues to uphold its end of the bargain. And that's the news. One more thing.
Republicans are ascendant. They've got the White House. It looks like they're going to keep the Senate for a generation and the House is theirs too. And despite being, to me, a complete maniac, the president of the United States is somehow popular with more than half the country. 2025? Oh no, sweet listener. We're talking about 2005.
President George W. Bush had just won a second term in the White House. He carried 31 states and won just a hair over half the vote. Republicans held both the House and Senate. In the first month of his second term, Bush had an approval rating of 57%. Republicans were riding high, and they absolutely loved shoving it in the faces of Democrats whenever they could. There were best-selling books with titles like Bush Country, How George W. Bush Became the First Great Leader of the 21st Century While Driving Liberals Insane.
By the way, you can buy a paperback version of this book for $1.75. And Democrats didn't seem to have any way to respond. Sure, this Illinois senator named Barack Obama or something gave a really great speech at the 2004 Democratic National Convention. The hope of a mill worker's son who dares to defy the odds. The hope of a skinny kid with a funny name who believes that America has a place for him too.
But the general view was that by not fully supporting the wars in Afghanistan and Iraq, Democrats were soft on terrorism and out of touch with the American people. To quote one newspaper writer in January 2005, as long as the majority of Americans perceive that the Democratic Party is controlled by Marin County, California, left-wing liberals living in a moronic fantasy land of their own making, then the majority of moderate and conservative Democrats are doomed.
They weren't. Democrats, that is. Because it turns out that there aren't eternal victories in politics. By the end of the year, Hurricane Katrina had killed more than a thousand people and caused $125 billion in damages, with the federal government getting a lot of the blame. Support for the Iraq War among the American public began a long and gradual decline. And Bush's own belief that he had a mandate from the American people didn't help.
He ran in 2004 on a plan to partially privatize Social Security, saying after he won, I earned capital in this campaign, political capital, and now I intend to spend it. But it turned out that Americans didn't want that at all. In 2006, Democrats stormed back into power, taking both the House and Senate in a blue wave. And in 2008, well, you know what happened.
We have breaking news, momentous news, really. CBS now estimates because of victories in California, Washington, Oregon, and Hawaii, CBS projects that Senator Barack Obama of Illinois will be the next president of the United States. Now, I'm not telling you all of this because I'm trying to predict the future. Quite the opposite.
What I'm saying is that no matter how smug Republicans sound right now, neither they, nor me, nor you, know what's going to happen over the next few years. I was a senior in high school in 2005, and I definitely couldn't predict that 20 years in the future, George W. Bush would be a Republican president Republicans never discussed.
It's hard to stay sane right now. It's hard to believe that things could get better or change or do anything than lead to Elon Musk somehow putting Neuralink implants in our brain to make us sexy or something. But if there's literally one thing I do know, it's that things do change all the time. And I know that they can change in a way that doesn't absolutely and totally suck.
Before we go, if you're looking for essential conversations, tune into Pod Save the People, where organizer and activist DeRay McKesson, along with Kaya Henderson and Miles Johnson, bring a sharp take on news, culture, and social justice, focusing on the stories that too often go overlooked. This week, they dive into how an AI program wrongfully jailed an innocent man for 17 months and what that means for the future of justice. Listen to Pod Save the People every Tuesday, wherever you get your podcasts.
That's all for today. If you like the show, make sure you subscribe, leave a review, ask why the Secretary of Defense invited along the guy who started the Pizzagate conspiracy theory on his first big overseas trip, and tell your friends to listen.
And if you're into reading, and not just about how you don't have to bring along a guy who said he wanted to overthrow democracy, like me, What Today is also a nightly newsletter. Check it out and subscribe at crooked.com slash subscribe. I'm Jane Koston, and what do I know? I just have some good ideas sometimes.
Water Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producers are Raven Yamamoto and Emily Fore. Our producer is Michelle Alloy. We had production help today from Johanna Case, Joseph Dutra, Greg Walters, and Julia Clare. Our senior producer is Erica Morrison, and our executive producer is Adrienne Hill. Our theme music is by Colin Gillyard and Kashaka. Our production staff is proudly unionized with the Writers Guild of America East.
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