Amicus With Dahlia Lithwick | Law, justice, and the courts

• The Gangster Presidency

  On Monday, President Trump’s personal lawyer and Acting Deputy Attorney General Emil Bove ordered prosecutors to drop federal corruption charges against New York City Mayor Eric Adams. Adams had been courting President Trump for weeks, including with a pre-inauguration visit to Mar A Lago, but the shape of the deal struck between the accused Mayor and the incoming administration came into clear view with a flurry of Department of Justice resignations on Thursday. On this week’s episode of Amicus, Dahlia Lithwick speaks to Harry Litman, a former U.S. attorney, and host and executive producer of the podcast Talking Feds. Harry explains why the so-called “Thursday Night Massacre” is not the kind of scandal even this administration can shrug off while yelling something about the “deep state” and “weaponization”. Next, Dahlia turns to the chaotic, destructive and dangerous “spontaneous disassembly” of much of the federal government currently taking place at the hands of Elon Musk with guest Sam Bagenstos, former general counsel of the United States Department of Health and Human Services until December 2024, also former general counsel for the Office of Management and Budget from January 2021 until June 2022. Now a professor at the University of Michigan, Sam explains what happens when the federal government stops working, and why persistently asking whether or not we’re in a constitutional crisis is simply the wrong question.  Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Trying To Undo A Coup, In The Courts

  DOGE is running wild in the District of Columbia. Chaos reigns supreme. Trump 2.0 has been frightening and it’s all been happening so fast. But there are lots of people fighting back, as they try to slow the damage. And the courts are exactly where the pushback has been most fierce. One of the teams of people leading the charge includes former Judge Nancy Gertner, one of the many legal professionals suing the Trump administration. Judge Gertner's case is about the list of rank and file FBI agents threatened with retribution and the public disclosure of their names, because they did their jobs and prosecuted January 6th cases. Gertner is involved with a slew of cases from the State Democracy Defenders Fund. She talks with host Dahlia Lithwick about the many wins against the administration in court this past week, and whether they matter. Next, Slate senior writer Mark Joseph Stern joins Dahlia to update us on the DOGE litigation and the Birthright Citizenship cases. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Trump’s American Takeover

  If you’re punch-drunk and disoriented this week, come on in. Donald J Trump’s second administration is materializing at frightening speed and recklessness and it is hard (and stressful) to keep up with it all. Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, explains that the speed and viciousness of the legal orders in Trump 2.0 are evidence that America switched over to the fast track for autocracy on January 20th, 2025. An expert in the law of autocracy, Scheppele has seen firsthand what happened to constitutional courts and the democratic norms that governed them in Russia and Hungary and she joins Dahlia Lithwick on Amicus this week to explain how Trump’s executive orders on everything from government funding to transgender people in the military reveal a familiar global playbook that has chillingly familiar endpoints.  Un-paywalled episodes' description: Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Extra: The Federal Funding Freeze

  Amicus is coming to you with an extra episode because of the five-alarm threat to the balance of power in the wake of Monday and Tuesday’s memos from the White House Office of Management and Budget freezing vast tranches of federal funding. As agencies, states, and nonprofits scramble to figure out if they can make payroll or even keep the lights on, a hugely significant legal battle is brewing over what, if any, actual restraint remains on this administration’s vision of presidential power. Dahlia Lithwick is joined by Professor Stephen Vladeck of Georgetown University Law Center to understand the ramifications of a flimsy memo that threatens the very structure of government as we know it in the United States.  The Impoundment Crisis of 2025 - by Steve Vladeck Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

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• Trump’s Unconstitutional Rampage Against Immigration

  It’s barely been a week and the torrent of horrible coming from the pens and mouth of President Trump is staggering. Many of the executive orders signed this week focus on immigration, and that is where we have our eyes trained as well. This week, to help us make sense of the whirlwind that threatens to upend the lives of millions of people Dahlia Lithwick talks to Aaron Reichlin-Melnick, Senior Fellow and former policy director at the American Immigration Council, a pro-immigrant nonprofit aiming to defend immigrants through litigation, advocacy, and more. Not all executive orders are created equal, and so Aaron leads us through what’s constitutionally possible, legally probable, and already swinging into action from Trump’s immigration edicts.  Aaron’s post about Bishop Mariann Edgar-Bunne: https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lgdojbbjvk2y Amicus’s October episode on the Alien Enemies Act of 1798 with Katherine Yon Ebright,  American Immigration Council: After Day One: A High-Level Analysis of Trump's First Executive Actions Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

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