Early Returns - Law and Politics with Jan Baran

Jan Baran
  • 5.0 (10)
  • POLITICS
  • UPDATED BIWEEKLY

Elections, lobbying, voting, and campaigning today are intense and filled with increasingly complex rules and resulting legal disputes. “Early Returns: Law and Politics with Jan Baran” spotlights players on the field, including political professionals, activists, election officials, lawyers, and journalists, eliciting their insights and personal experiences. Join Jan and his guests as they tackle current controversies in law and politics. Jan Baran is a partner at Holtzman Vogel Baran Torchinsky & Josefiak PLLC.

  1. Inside the Federal Election Commission: Keeping the Mission Alive with Just Two Commissioners

    JAN 27

    Inside the Federal Election Commission: Keeping the Mission Alive with Just Two Commissioners

    In this Early Returns episode, host Jan Baran speaks with the entire current Federal Election Commission, Chair Shana Broussard and Commissioner Dara Lindenbaum, the only two commissioners remaining after four departures left the agency without a quorum. Despite being unable to vote on new cases or issue advisory opinions, the commissioners reveal how their 249-person staff continue the FEC's critical work: processing and making public billions of dollars in campaign finance transactions, maintaining the nation's most reliable political filing system, and preparing enforcement cases for when a quorum is restored. They discuss the agency's shoestring budget, their bipartisan legislative recommendations on foreign national contributions and donor privacy, and why they believe the FEC's 3-3 partisan structure, though challenging, prevents the weaponization of campaign finance enforcement. The commissioners also candidly address the uncertainty of their positions in the current political environment while emphasizing their commitment to transparency and restoring a full commission. With only 190 enforcement matters awaiting commissioner votes (down from 450 during the last quorum crisis) and strong staff efficiency, the FEC is positioned to hit the ground running once new commissioners are nominated and confirmed. About Shana Broussard Commissioner Shana Broussard was nominated to the Federal Election Commission (“FEC”) by President Donald J. Trump and confirmed by the United States Senate by a vote of 92-4 on December 9, 2020, becoming the first African American to serve as an FEC Commissioner. She served as Chair in 2021 and again starting in July 2025. A mission-driven legal and policy strategist, Commissioner Broussard is recognized as a thought leader on federal campaign finance law, focusing on building bipartisan consensus and stakeholder engagement.  With over 15 years' experience at the FEC, Commissioner Broussard previously served as Counsel for Commissioner Steven T. Walther from 2015-2020 and began her FEC career in 2008 as an attorney in the Enforcement Division. Prior to the FEC, she served as an Attorney Advisor at the IRS Office of Professional Responsibility, Deputy Disciplinary Counsel at the Louisiana Attorney Disciplinary Board, and as a New Orleans Assistant District Attorney. She earned her B.A. from Dillard University and her J.D. cum laude from Southern University Law Center. About Dara Lindenbaum Commissioner Dara Lindenbaum was nominated as an FEC Commissioner by President Joseph Biden on February 3, 2022, and confirmed by the U.S. Senate on May 24, 2022. Prior to her appointment, Commissioner Lindenbaum was a partner at Sandler Reiff where she advised candidates, political committees, and organizations on a wide range of laws and regulations, including complying with state and federal campaign finance and election laws. She served as outside general counsel for several organizations and worked with directors, boards, and staff on general business matters, structuring their programs, and navigating the complex legal and compliance landscape. Before joining Sandler Reiff, Commissioner Lindenbaum was an associate counsel in the Voting Rights Project at the Lawyers' Committee for Civil Rights Under Law, where she focused on election law and voting rights. She received her B.S. from Northeastern University and her J.D. from the George Washington University Law School.

    47 min
  2. Shadow Docket Showdown: Trump Litigation, Judicial Tensions, and the Supreme Court's Emergency Powers

    10/27/2025

    Shadow Docket Showdown: Trump Litigation, Judicial Tensions, and the Supreme Court's Emergency Powers

    Host Jan Baran welcomes back Josh Gerstein, Senior Legal Affairs Reporter for Politico, for a comprehensive review of the litigation landscape surrounding the Trump administration. They dive into the Supreme Court's increasingly prominent "shadow docket" and how it has become essential for advancing presidential agendas through executive action rather than legislation. The conversation covers major legal flashpoints including immigration enforcement cases, National Guard deployments in California, Oregon, and Illinois, and the administration's removal of officials from independent agencies. Josh and Jan explore the unprecedented criticism of the Supreme Court by lower court judges, growing concerns about judicial security, and the tension between executive power and judicial review. They also preview significant upcoming cases, including Louisiana v. Callais on voting rights and race-conscious redistricting, and a potentially landmark tariffs case with broad implications for the balance of power between the executive and legislative branches. The discussion highlights how recent Senate confirmation process changes could reshape federal agencies and examines the legal doctrine of the "Unitary Executive." About Josh Gerstein Josh Gerstein is Politico’s Senior Legal Affairs Reporter. Gerstein covers the intersection of law and politics, including Special Counsel Robert Mueller’s investigation of President Donald Trump and his associates, as well as ensuing counter-investigations into the origins of the FBI’s initial inquiry into the Trump-Russia saga. While not a lawyer, Gerstein spent more time in courtrooms and reading legal pleadings than many members of the bar. For more than a decade, he has taken Politico readers inside the most celebrated political trials of our era, involving figures like former Sen. John Edwards (D-N.C.), former White House counsel Greg Craig, longtime Trump confidant Roger Stone and former Trump campaign manager Paul Manafort. Gerstein also reports on the Justice Department and legal controversies, including Supreme Court showdowns over same-sex marriage and Obamacare, all of the recent Supreme Court nominations, criminal justice reform and battles over executive privilege. Gerstein attended Harvard College and received a bachelor’s degree, magna cum laude, in government.

    54 min
  3. How Crypto Champion, Faryar Shirzad, and Coinbase Are Advocating for America's Digital Future

    09/10/2025

    How Crypto Champion, Faryar Shirzad, and Coinbase Are Advocating for America's Digital Future

    Host Jan Baran sits down with Coinbase Chief Policy Officer Faryar Shirzad for an educational and illuminating deep dive into cryptocurrency's intersection with law and politics. Faryar, whose journey from Iranian diplomat's son to White House advisor to Goldman Sachs executive led him to crypto's frontier, breaks down the complex technology in refreshingly accessible terms. He explains how the recently passed Genius Act creates the framework for dollar-backed "stablecoins" - essentially digital dollars that can transfer peer-to-peer without traditional banking intermediaries - and why this represents the next evolution of the internet's promise to eliminate middlemen. The conversation reveals crypto's surprising political transformation from niche technology to major electoral force. Faryar details how Coinbase helped build the largest political operation any industry has ever assembled, mobilizing 2.4 million advocates through “Stand with Crypto” and strategic Super PAC spending to combat what he describes as the prior administration's "disgraceful" targeting of crypto users. With 60% of crypto advocates being Democrats but 54% voting for Trump in 2024, the crypto voter bloc has emerged as a genuinely bipartisan political force that could reshape future elections - making this episode essential listening for anyone trying to understand where money, technology, and politics intersect in modern America. About Faryar Shirzad Faryar Shirzad is Chief Policy Officer at Coinbase, where he leads the company’s engagement with policymakers around the world and has become a trusted source for thought leadership in the global crypto policy space. Under Faryar’s leadership, Coinbase has become a driver of crypto-regulation discourse in the U.S. He oversaw the creation of Coinbase’s Digital Asset Policy Proposal (or dApp), which laid out a fit-for-purpose regulatory framework for the rapidly-emerging industry and was recognized as “a dramatic shift from current policy in the United States”, sparking an ongoing conversation on how crypto should be regulated while safeguarding American innovation.  Before joining Coinbase, Faryar was Global Co-Head of Government Affairs at Goldman Sachs. He has served as counsel to the highest levels of the U.S. government, including as deputy national security advisor for international economic affairs for President George W. Bush. In that role, he served as The President’s personal representative to the G-8 (the “G-8 Sherpa”). Prior to his time in the White House, Faryar was assistant secretary for import administration at the U.S. Department of Commerce and international trade counsel to the U.S. Senate Committee on Finance. Earlier in his career, he practiced law in Washington, DC. Faryar earned a JD from the University of Virginia School of Law, a MPP from the John F. Kennedy School of Government at Harvard University, and a BS from the University of Maryland, College Park.

    48 min
  4. Oliver Roberts: AI and the Law, and an Education

    05/14/2025

    Oliver Roberts: AI and the Law, and an Education

    Jan Baran speaks with Artificial Intelligence (AI) legal expert. lawyer and teacher, Oliver Roberts, to speak about AI, its birth, its forms, and how people have historically used and are currently using the ever-changing technology.  They discuss further about how AI has changed the way lawyers practice, how the courts are using it, what questions clients are asking in RFPs related to technology, and why the big law firms are investing in AI.   There are plenty of upsides to using AI; but what is “AI hallucination?”  Old school legal tech companies are incorporating advanced AI and new AI legal products are being promoted throughout the industry; however, any information collected through AI still requires lawyers and others to check for any false or misleading information.  Spoiler Alert: Using AI may be quicker a way to research or write initially, but the AI hallucination rate can be high.  Oliver also discusses recent attempts to regulate AI, including an effort at the Federal Election Commission. About Oliver Roberts Oliver Roberts is an Adjunct Professor of Law at Washington University in St. Louis School of Law and Co-Director of the WashU Law AI Collaborative. He is also Co-Head of the AI Practice Group at Holtzman Vogel law firm, Editor-in-Chief of the AI & the Law publication at The National Law Review, and the Founder and CEO of Wickard.ai.  Oliver regularly lectures on AI at law schools throughout the United States and internationally. His recent teaching includes the course “AI & the Practice of Law” at WashU Law, the nation’s first required AI law school course at Case Western Reserve School of Law, and the first legal AI education program at Addis Ababa University School of Law in Ethiopia.  Oliver graduated from Harvard Law School and Villanova University. Before founding Wickard.ai, Oliver practiced at Skadden Arps and Jones Day and previously founded a technology startup focused on employment solutions. His legal achievements include successfully arguing twice before the Third Circuit Court of Appeals and securing a cert denial at the U.S. Supreme Court, preserving one of his appellate victories. Oliver is admitted to practice law in New York, Texas, and Washington D.C.

    37 min
  5. Brody Mullins: Goldilocks and the Wolves of K Street, A Historical Account of Lobbying in the U.S.

    03/31/2025

    Brody Mullins: Goldilocks and the Wolves of K Street, A Historical Account of Lobbying in the U.S.

    In this episode of Early Returns, Jan Baran speaks with Brody Mullins, co-author of “The Wolves of K Street” and Pulitzer Prize winning Wall Street Journal journalist, about the historical, present and future world of lobbyists in the U.S.  When our founding fathers created the Constitution, they believed there would be both industry and worker factions lobbying towards a greater good.  Then, eventually big money took over big government and legal reforms were introduced.  They discuss the effect the legal reforms have had on the legitimacy of lobbying.  Did they help the public view of what was happening in Washington?  Did the reforms take it too far? And now that President Trump is at the helm and he is issuing executive orders, what does this mean for the future of lobbying?   About Brody Mullins Brody Mullins is a Pulitzer Prize-winning investigative reporter and author of The Wolves of K Street: The Secret History of How Big Money Took over Big Government. The book, published by Simon & Schuster, is the definitive account of the rise of corporate power and lobbying in Washington. In two decades as an investigative reporter for The Wall Street Journal, Brody wrote scores of ground-breaking stories about the intersection of business and politics, exposing scandals that prompted new laws and regulations for powerful government officials, lobbyists and Wall Street traders. In addition to the Pulitzer Prize, Brody won the George Polk Award and was twice won the Everett Dirksen Award for best coverage of Congress. Washingtonian calls him one of the 50 best reporters in politics. He has appeared on Fox, CNN, MSNBC and his work has been published by The Washington Post, New York Times, Vanity Fair, Politico and The Atlantic. Brody grew up in Washington, D.C. and graduated from Gonzaga College High School and Northwestern University. He lives in Washington, D.C. with his wife, two daughters and son.

    46 min
  6. FEC Commissioner Trey Trainor – Understanding and Respecting the Federal Election Commission

    01/22/2025

    FEC Commissioner Trey Trainor – Understanding and Respecting the Federal Election Commission

    In this episode, Jan Baran speaks with the Vice Chair of the Federal Election Commission (“FEC”), Trey Trainor.  Born and raised in Texas, Commissioner Trainor discusses his career, his route to the FEC, the tracking of campaign donors through technology, the future of the Commission, and its role with the Department of Justice in campaign finance investigations.  Given that the FEC is responsible for administering and enforcing our federal campaign finance laws, they discuss the New York case against President Trump which alleged illegal hush money payments.  Who decides whether there were any campaign finance violations?  The Commissioner talks about his observations and the unusual role of the DOJ in the case against the president. About James E. “Trey” Trainor III James E. "Trey" Trainor III was nominated by President Donald J. Trump and confirmed by the United States Senate on May 19, 2020. He was appointed to a term ending April 30, 2023.  Commissioner Trainor, of Driftwood, Texas, has practiced law for two decades, particularly in the areas of election law, campaign finance law and ethics. He has served as General Counsel to the Texas Secretary of State and Counsel to the Texas House Committee on Regulated Industries, and has represented the Texas Republican Party and two presidential campaigns. Commissioner Trainor has also served on the Advisory Board of the United States Election Assistance Commission. Prior to joining the Commission, Commissioner Trainor was a partner at Akerman, LLP, and had his own private practice. Commissioner Trainor graduated from Texas A&M University (Corps of Cadets member) in 1997. He was honorably discharged from the U.S. Army Reserves in 2000 and earned his law degree from Texas A&M University School of Law in 2002.

    53 min
  7. AG Jason Miyares – Addressing Virginia’s Legal Issues

    01/02/2025

    AG Jason Miyares – Addressing Virginia’s Legal Issues

    Attorney General of Virginia and son of an immigrant who fled Fidel Castro’s Cuba, Jason Miyares, has recently announced his campaign for reelection and now talks with Jan Baran about the role of attorney general and the issues facing Virginia. AG Miyares reveals his journey growing up in Virginia Beach and his path to his current office.  He also discusses the pre-election lawsuit by the Department of Justice which unsuccessfully challenged Virginia’s deletion of non-citizens from voter rolls, his advocacy for handling illegal immigration and associated crime, and the failure of state and local agencies to collaborate with federal immigration officials. About Attorney General Jason Miyares In November 2021, Jason Miyares (pronounced me-YAR-ez) was elected the 48th Attorney General of Virginia. Prior to this position, Miyares served in the Virginia House of Delegates for three terms, and before that, worked as an Assistant Commonwealth’s Attorney in Virginia Beach. A product of Virginia public schools, Jason graduated with a Bachelor's in Business Administration from James Madison University and a Juris Doctorate from the College of William and Mary School of Law. As Attorney General, Miyares has been focused on improving public safety, strengthening economic growth, combatting the deadly impact of opioids and fentanyl, and protecting Virginians from corporate misconduct. Jason Miyares is the first Hispanic American to be elected to a statewide office in Virginia, and the first child of an immigrant to be Attorney General. At the beginning of his administration, Miyares launched Operation Ceasefire, a comprehensive approach to fighting violent crime by focusing on intervention and aggressive prosecution of gun crimes. His office has secured over $1 billion in opioid settlements for drug addiction and recovery from pharmaceutical manufacturers and distributors, holding them accountable for their role in the opioid epidemic.  Fighting Human Trafficking has been a top priority for Attorney General Miyares. His office has pushed bipartisan legislation to raise awareness for human trafficking and create new training resources for first year college students and hospitality workers. In addition, Miyares launched “100% Business Alliance Against Trafficking,” a new workforce training initiative for businesses to educate their employees on how to recognize possible trafficking incidents within their business communities.

    34 min
  8. Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak Investigation

    07/09/2024

    Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak Investigation

    A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former President Donald Trump, the pending legal cases against him, and the 2024 presidential election. Indeed, the justices have ruled on constitutional, political, and cultural controversies in recent years in ways that have eroded the public’s confidence in the Court.   Josh Gerstein, POLITICO’s Senior Legal Affairs Reporter, has watched it all.  He joins Jan to discuss the ramifications of these decisions, how our Supreme Court justices are also being judged for their alleged partisan opinions, and the Court’s investigation after he reported on the leaked decision that reversed Roe v. Wade. About Josh Gerstein Josh Gerstein is POLITICO’s Senior Legal Affairs Reporter and covers the intersection of law and politics. While not a lawyer, Gerstein’s spent more time in courtrooms and more time reading legal pleadings than many members of the bar. Gerstein attended Harvard College and received a bachelor’s degree, magna cum laude, in government. For more information on Josh's impressive background, you may read his full bio here: Josh Gerstein - POLITICO.

    50 min
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Elections, lobbying, voting, and campaigning today are intense and filled with increasingly complex rules and resulting legal disputes. “Early Returns: Law and Politics with Jan Baran” spotlights players on the field, including political professionals, activists, election officials, lawyers, and journalists, eliciting their insights and personal experiences. Join Jan and his guests as they tackle current controversies in law and politics. Jan Baran is a partner at Holtzman Vogel Baran Torchinsky & Josefiak PLLC.

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