Nathan Tankus

speaker

348 appearances 2 recordings 1 series first heard Feb 2025 last heard 17 Jul

Nathan Tankus’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.

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Odd Lots · Lev Menand and Nathan Tankus on Why Fed Independence Is Now Hanging by a Thread · 17 Jul 2026 podcast

I'm not actually.

I think, you know, just to take it as a straight matter of law, I don't think that would be a limiting principle because I mean, this is actually a very interesting thing because for it to work the way you're describing.

Yeah, there would have to be some mechanism to create removal protections for officials at the IRS.

And because otherwise, if it's just like, though, the debt ceiling, well, the president can fire all the people from the IRS and just wait until it hits the debt ceiling.

You know, society is going to collapse well before you actually hit the debt ceiling.

Let's just be clear here.

But this is a big... But I do want to actually... Because this does bring up a point that I really talk about in my piece is that...

If you're limiting removal protections from Congress, it also implies that the courts can't reach in and create removal protections among agencies.

And that's important because it means like, OK, if some court says that what the federal government is doing is illegal and Trump just keeps on firing the guys who try to follow what the courts say, then the law is what

And there's a series of what are called shadow docket decisions where they haven't given their reasoning, where all sorts of injunctions and injunctory relief and ways of stopping brazenly illegal activity from the president have been sidestepped.

And when there's some money involved and just going, no, no, no, you can't go through the Administrative Procedure Act and say, hey, they didn't do the proper procedure.

So we get to stop this activity.

You have to go to the federal court of claims and get a claim for money.

But a claim for money is not injunction.

It's not getting into government policy.

All you can do is get the money that you're supposed to have, not stop wildly unconstitutional activity.

Lev, did Hamilton write Marbury?

Did Hamilton write the decision in Marbury?

No, no, no.

Well, I don't see how this is relevant.

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