Katie Miller Fires Back at Media Attackers, Boat Strike Constitutional Crisis, Trump's Comeback Plan

5 snips

Dec 2, 2025

Guest

Katie Miller

Guest

Jed Rubenfeld

Jed Rubenfeld, a Yale Law professor and expert on constitutional law, discusses the constitutional implications of U.S. drone strikes in the Caribbean, questioning both presidential authority and legal boundaries. Katie Miller, a former administration communications pro, opens up about media scrutiny and personal threats against her family, including a dramatic relocation for safety. She also shares insights about her podcast and her husband Stephen's approach to navigating media attacks.

Ask episode

AI Snips

Chapters

Transcript

Episode notes

INSIGHT

Naval Law Permits Strikes On Enemy Vessels

If the United States is in armed conflict, naval law permits attacking vessels carrying enemy commercial cargo.
Rubenfeld cites a century of precedent allowing strikes on ships carrying value to an enemy.

INSIGHT

Courts Often Decline To Police Presidential Force

Rubenfeld warns courts rarely intervene in presidents' uses of force, creating de facto executive latitude.
He cites recent administrations' bombing actions undertaken without congressional declarations.

ADVICE

OLC Memos Don't Authorize War Crimes

An OLC legal opinion cannot lawfully legalize war crimes or shield unlawful conduct.
Rubenfeld stresses legal opinions don't bar criminal or international accountability despite internal approvals.

Get the Snipd Podcast app to discover more snips from this episode

Get the app

Mark Halperin opens the show with his reported monologue on why some Democrats are suddenly, uncharacteristically serene in declaring Donald Trump politically finished — and why GOP insiders insist they’re getting the moment wrong again. Drawing on fresh conversations with Republican strategists, Mark breaks down the four-phase comeback plan they believe is already underway, the policy resets they want from the White House, and why Trump’s State of the Union could become the make-or-break moment of his presidency.

Next, Yale Law Professor Jed Rubenfeld joins Mark for a high-stakes conversation about the constitutional firestorm surrounding Trump’s recent drone strikes in the Caribbean. They explain why some critics call the actions “murder,” how the laws of war treat killing shipwrecked survivors, and why longstanding precedent may still give Trump a strong claim to authority. They also break down how the “second strike” became a national scandal and whether Congress has abandoned its role in defining presidential war powers.

Finally, Katie Miller sits down with Mark for an unfiltered conversation about the escalating pressures facing her family. She recounts her confrontation with CNN’s Abby Phillip, responds to Jennifer Welch’s renewed attacks on her and husband Stephen Miller, and pushes back on the media’s caricature of her husband. Katie also describes the threats that forced her family to relocate to a military base and the chilling fliers that appeared in her neighborhood hours after Charlie Kirk’s murder.

Home Title Lock: Go to https://hometitlelock.com/mark and use promo code MARK to get a FREE title history report and a FREE TRIAL of their Triple Lock Protection! For details visit https://hometitlelock.com/warranty-

Beam: Visit https://shopbeam.com/MARK and use code MARK to get our exclusive discount of up to 50% off.

Masa Chips: Ready to give MASA or Vandy a try? Get 25% off your first order by going to http://masachips.com/MARK and using code MARK.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.