Harry Litman, a former U.S. attorney and creator of the Talking Feds podcast, and Sam Bagenstos, a law professor at the University of Michigan and former general counsel for HHS, delve into the chaos of federal governance. Litman discusses the fallout from the 'Thursday Night Massacre' and the impact on the Department of Justice's integrity. Meanwhile, Bagenstos warns of the dangers of Elon Musk's disruptive influence on government functions, emphasizing the need to rethink our understanding of a constitutional crisis amidst shrinking federal capabilities.
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DOJ resignations highlight conflict between law and politics
The "Thursday Night Massacre" at DOJ involved resignations over dropping charges against NYC Mayor Eric Adams.
This event highlights a conflict between the rule of law and political pressure within the Justice Department.
question_answer ANECDOTE
Scotten's Resignation Letter
Hagan Scotten's resignation letter criticizes using prosecutorial power for political leverage.
Scotten refused to dismiss charges against Mayor Adams despite potential negative views of the new administration.
insights INSIGHT
Weaponization of DOJ
The DOJ resignations expose the cynical use of "weaponization" claims.
The administration's actions reveal that "weaponization" really means defying their demands.
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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.
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