Topic: Unconstitutional

The January 6th attack on the Capitol is compared to historic dates like Pearl Harbor and 9/11. The segment features footage of protesters "high-fiving" and smiling, which commentators describe as "outrageous and pathetic." It also notes the tragic suicides of police officers who responded to the event and the ongoing debate over the "big lie" that the 2020 election could be overturned.

A federal court ruled that Pennsylvania's lockdown measures were unconstitutional, stating that even well-intentioned efforts cannot override basic liberties. The judge noted that the governor's participation in protests while banning other gatherings constituted an unequal application of the law. The ruling emphasized that the Constitution does not accept a "new normal" where rights are subordinated to open-ended emergency measures.

David Medin, chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), is discussed following a report declaring NSA surveillance unconstitutional. The hosts highlight the lack of mainstream media coverage for the report, noting Medin was relegated to speaking in a George Washington University basement. They also point out the suspicious timing of Medin's confirmation just days before the Snowden leaks.

Federal Judge Richard Leon ruled in Washington that the National Security Agency's bulk collection of American phone records is likely unconstitutional. The ruling describes the surveillance program as an unreasonable search that would have appalled James Madison, marking the first major judicial blow to the program exposed by Edward Snowden.

A federal judge ruled against the use of National Security Letters (NSLs) following a challenge by Credo Mobile. These letters, primarily issued by the FBI, allow the government to demand user data while imposing a gag order on the recipient. The court found the practice unconstitutional, though the government is expected to continue the practice through other legal avenues.

A federal judge ruled that National Security Letters (NSLs) are unconstitutional because they include gag orders that violate free speech. The discussion links these letters to the silence of Benghazi survivors, suggesting they were issued NSLs to prevent them from testifying about the 2012 attack.

Federal Judge Katherine Forrest issued a ruling declaring Section 1021 of the National Defense Authorization Act (NDAA) unconstitutional. Journalist Chris Hedges, who sued the government over the provision, explains how the ruling temporarily halts the military's power to indefinitely detain U.S. citizens without due process.

Tennessee passed a new law making it a crime to post images that cause emotional distress without a legitimate purpose. The hosts argue the law is unconstitutional and could be used to criminalize internet gags or controversial political content, leading them to jokingly declare the podcast illegal in the state.

The 90% bonus tax is characterized as a "red herring" designed to appease public anger while being legally unenforceable. Senator Chris Dodd is identified as the figure who originally protected these bonuses, which are described as a redefinition of salary to bypass TARP caps.