Ben Wittes, Editor-in-Chief of Lawfare, discusses what Trump can actually do and where the protections are for those he's threatened to criminally prosecute—Kamala is probably safe, but Jack Smith could be quite inconvenienced. Plus, Kristi Noem for DHS, and to California ballot counters: your torpor is not a virtue. Also, today The Atlantic published Mike's piece about the "HR-ification" of the Democratic party. Produced by Joel Patterson and Corey Wara Email us at [email protected] To advertise on the show, visit: https://advertisecast.com/TheGist Subscribe to The Gist: https://subscribe.mikepesca.com/ Subscribe to The Gist Youtube Page: https://www.youtube.com/channel/UC4_bh0wHgk2YfpKf4rg40_g Follow Mikes Substack at: Pesca Profundities | Mike Pesca | Substack Tile- Use Code THEGIST to get 15% off Smalls- Use Code THEGIST to get 50% off your first order + Free Shipping Manscaped- Use code THEGIST to get 20% off + Free Shipping True Classic- Perfect fit or your money back Learn more about your ad choices. Visit podcastchoices.com/adchoices