Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepresentations about not only their cases, but about norms and values. But Trump has both judges and law firms in his crosshairs. On this week’s show, former US Attorney Preet Bharara joins Dahlia Lithwick to discuss the role of lawyers and law firms and legal norms in a crisis of lawlessness, and the extent to which court victories alone can save democracy. 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

In this engaging conversation, Kate Shaw, a law professor at the University of Pennsylvania and co-host of the Strict Scrutiny podcast, dives into the constitutional chaos surrounding Elon Musk's DOGE initiative. She discusses the murky legality of Musk's actions, government efficiency, and the complexities of executive appointments. Shaw also unpacks the legal labyrinth affecting the Justice Department's approach to Dogecoin, highlighting the critical role of constitutional principles in maintaining accountability during tumultuous times.

On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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

Asha Rangappa, a former FBI special agent and legal contributor for ABC News, dives into the alarming trend of lawlessness within law enforcement. She discusses the troubling consequences of political appointments and the erosion of justice following January 6th. Asha highlights the risks authoritarianism poses to democracy and the integrity of military and legal institutions. With provocative insights on accountability, she underscores the importance of maintaining a vigilant stance against those who manipulate the law for their own ends.

Deepak Gupta, founding principal at Gupta-Wessler LLP and a former senior counsel at the CFPB, discusses the implications of the unitary executive theory and its potential to grant unprecedented powers to the presidency. He explores the erosion of agency independence and the challenges faced by the Consumer Financial Protection Bureau under the current administration. Gupta also addresses significant upcoming legal battles, particularly regarding the firing of a key NLRB chair and the risks of an 'imperial presidency' in today's political landscape.

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.

Former Judge Nancy Gertner, now a prominent figure in lawsuits against the Trump administration, shares her insights on recent legal victories in court, particularly regarding the intimidation of FBI agents involved in prosecuting January 6 cases. Joining her is Mark Joseph Stern from Slate, who offers an update on significant challenges, including those related to birthright citizenship. They discuss the judiciary's crucial role in safeguarding democracy against executive overreach and the implications of these ongoing legal battles for civil rights.

Kim Lane Scheppele, Laurance S. Rockefeller Professor at Princeton and autocracy law expert, offers a chilling look at Trump's fast-tracking America toward autocracy. She discusses the alarming parallels between Trump's orders and global authoritarian trends. Scheppele highlights how legal frameworks can manipulate democracy, drawing on experiences from Hungary and Russia. The conversation urges communities to resist rising cruelty and protect civil rights, emphasizing the importance of empathy and ongoing electoral integrity in safeguarding democracy.

Dahlia Lithwick chats with Stephen Vladeck, a constitutional law expert and author of "The Shadow Docket," about the recent federal funding freeze and its implications. They dissect the legal chaos resulting from the White House's memo halting federal grants, raising alarms over potential executive overreach. Vladeck highlights the constitutional crises this could trigger, drawing parallels to Nixon's tactics. The conversation underscores the fragility of checks and balances in the current political climate and the dangers of prioritizing policy over law.

Dahlia Lithwick is joined by Aaron Reichlin-Melnick, a Senior Fellow and immigration policy expert at the American Immigration Council. They dive into the whirlwind of executive orders from Trump that aim to reshape immigration law. Aaron highlights how these policies threaten vulnerable groups, particularly immigrants and asylum seekers, and discusses the constitutional implications at play. They also explore the tensions between humanitarian values and harsh rhetoric, emphasizing the critical role of advocacy in these tumultuous times.