
Episode 499: Libbing Out
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Oct 27, 2025 Ben Wizner, Deputy Legal Director at the ACLU and advocate for civil liberties, dives into Trump's campaign against law firms and the implications for justice. He shares insights on the legal battles around national security and free speech, including the repercussions of NSPM-7 and how AI amplifies surveillance. Wizner discusses the ACLU's role in defending detainees and challenges against domestic designations. He emphasizes the resilience of U.S. civil society in countering authoritarian tactics, urging support for legal protections and public advocacy.
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Post‑9/11 Legal Lessons
- Post-9/11 legal moves showed how norms can be discarded even when laws exist.
- Ben Wizner says that failures to adjudicate torture and secrecy set precedents that made Trump less surprising.
The Al‑Masri Rendition Case
- Ben recounts the Khalid Al‑Masri rendition: a German citizen seized, flown to Afghanistan, then dumped in Albania.
- U.S. courts dismissed the lawsuit by invoking state secrets, ending accountability.
How The Court Balances Ideology And Legitimacy
- The Supreme Court contains ideologues but remains intellectually serious and selective.
- Wizner predicts both wins and losses for Trump and strategic deference to avoid direct confrontation.
