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

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.

The podcast dives into the controversial executive orders from Trump's second inauguration, highlighting their chaotic implications. It critiques the legality and poor drafting of these orders, suggesting a connection to generative AI. Key topics include citizenship changes, potential pardons for January 6 rioters, and the administration's cautious approach to sensitive issues like abortion rights. The discussion also explores the threat to birthright citizenship under the 14th Amendment and its broader legal and societal consequences.

Pamela Karlan, a renowned constitutional scholar at Stanford Law, and Mark Joseph Stern, a Slate senior writer specializing in legal analysis, delve into the evolving legal landscape as Donald Trump approaches another term. They discuss the implications of recent Senate confirmation hearings and a lack of rigorous questioning surrounding key judicial appointments. The conversation highlights the complexities of prosecuting a former president while addressing issues like birthright citizenship and the urgent fight for reproductive rights amid corporate influence.

Gautam Hans, Clinical Professor of Law at Cornell, brings his expertise in constitutional and technology law to discuss pivotal legal issues. He dives into the Supreme Court's TikTok ban case, highlighting the tension between national security and First Amendment rights. The conversation also touches on the implications of Trump's recent sentencing and the court's unexpected decisions, analyzing how these events shape future legal landscapes regarding social media and political accountability.