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

Capitulation Nation

36 snips
Sep 12, 2026
Jacob Weisberg, journalist, author, and Pushkin Industries co-founder, discusses his book Profiles in Cowardice. He examines why lawyers, judges, lawmakers, and military leaders have surrendered institutional independence during Trump’s second term. Topics include Paul Weiss’s deal, John Roberts’ strategy, Mitch McConnell’s judicial legacy, Canada’s defiance, and the looming test for military leadership.
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INSIGHT

Why Trump 2.0’s Guardrails Failed

  • Trump 2.0 differs because compliant insiders replaced establishment figures, while outside institutions that once resisted now capitulate.
  • Jacob Weisberg contrasts Jeff Bezos’s first-term media independence with his second-term concessions, including a costly Melania documentary deal.
INSIGHT

The Five Pressures Behind Capitulation

  • Cowardice grows through peer pressure, ostracism, violence, money, ambition, and narrow institutional self-protection.
  • Trump’s social-media attacks can create physical danger, while Republicans fear losing friendships, lobbying work, corporate boards, and political networks.
ANECDOTE

Paul Weiss Paid For Its Capitulation

  • Brad Karp surrendered Paul Weiss’s independence after Trump threatened lawyers’ access and security clearances.
  • His decision damaged the firm, prompting more than 30 lawyers to leave and weakening its standing with law students.
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