Harry Litman, a former U.S. attorney and host of Talking Feds, discusses the fallout from the controversial decision to drop corruption charges against Mayor Eric Adams, tied to significant resignations at the Department of Justice. Sam Bagenstos, a former general counsel for HHS and OMB, examines the chaotic governance under Elon Musk, warning of the dangers of unchecked executive power. Together, they explore the implications of these political maneuvers on law, accountability, and the fragility of government structures in the face of crisis.
The recent resignations within the DOJ highlight the moral courage of attorneys prioritizing justice over political influence amid corrupt practices.
The podcast emphasizes the critical role of the Administrative Procedure Act in ensuring government transparency and accountability in policy implementation.
The discussion on government disruption underlines the severe impact of mass layoffs on public services, particularly affecting healthcare and community welfare.
Deep dives
Exploring the Watergate Scandal
The podcast dives deep into the Watergate scandal, illustrating how a seemingly minor event escalated into a defining political crisis in American history. It recounts the moment when five men were arrested while attempting to install eavesdropping equipment at the Democratic National Committee headquarters, marking the beginning of a series of events that would lead to President Nixon's resignation. The host reflects on the contrasts between the dramatized version of events in the film "All the President's Men" and the lengthy, tumultuous reality that transpired over two years. This narrative serves as a powerful reminder of the real-time impact and public sentiment during a chapter of American politics that continues to resonate today.
Mass Resignations at the DOJ
The episode discusses a recent wave of resignations within the Department of Justice (DOJ), highlighting the moral courage displayed by six attorneys who stepped down rather than comply with orders to dismiss corruption charges against New York Mayor Eric Adams. This unprecedented event is compared to historical instances of dissent within governmental ranks, illustrating the deep conflicts between upholding justice and political pressure. The resignation letters are described as passionate affirmations of the principles of law, exposing a stark contrast between the values of integrity and the coercive tactics employed by certain officials to influence the legal process. The fallout from these resignations signifies a monumental shift in the DOJ’s approach to maintaining its independence from political influence.
Rules of Law and Accountability
The podcast highlights the essential nature of the Administrative Procedure Act (APA) in governing how executive orders should be implemented, focusing on the legal requirements for public commentary and accountability. It reflects on how the lack of adherence to these rules by the current administration has resulted in a breakdown of trust in government processes and institutions. This discussion underscores the significance of maintaining a system where policies are crafted and executed transparently, ensuring that public interests are prioritized over political ambitions. By dismissing these procedural norms, the government risks alienating citizens and breeding skepticism towards the effectiveness of governance.
The Consequences of Government Shuttered
The episode addresses the real-world impact of government disruption, detailing how mass layoffs of dedicated civil servants can jeopardize crucial public services such as healthcare and agricultural support. With estimates indicating that hundreds of thousands of civil servants may lose their jobs, the podcast emphasizes the ripple effects on community health and safety, particularly in rural areas reliant on government support. The hosts discuss specific examples of how cuts to organizations like the National Institutes of Health (NIH) threaten to undermine critical research and healthcare initiatives that uphold public health and safety. This exploration highlights the importance of governing principles rooted in constitutional responsibility and the dire consequences of failing to uphold these standards.
Freedom, Corruption, and the Rule of Law
The podcast concludes with a discussion on the evolving relationship between executive power and democratic accountability, stressing the dangers of unchecked authority. It draws attention to how figures like Elon Musk wield significant influence over government actions, often prioritizing personal interests over the common good. Furthermore, the conversation considers whether the U.S. is currently experiencing a constitutional crisis, suggesting that the true threat lies not just in court decisions, but in the systemic undermining of laws and norms that facilitate governance. Ultimately, the episode calls for a re-examination of the boundaries between private interests and public service to safeguard the integrity of democratic institutions.
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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