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

In the wake of this week’s sweeping midterm rebuke of Donald Trump, Protect Democracy co-founder Ian Bassin joins Dahlia Lithwick to discuss how voters pushed back against authoritarianism—and how the country can turn that victory into lasting change. Bassin argues that congressional investigators must do more than expose corruption: They should preserve the evidence a future attorney general would need to recoup taxpayers’ money. As he explains, Trump’s pardons can’t shield ill-gotten gains.
Later, the conversation turns to the Supreme Court’s response to election interference, the case for term limits for justices, and why repairing the Justice Department cannot mean turning a blind eye to abuses of power. Drawing on other countries’ struggles with authoritarianism, Dahlia and Ian consider whether this moment will usher in a revival of “small-d” democracy—and why the answer still depends on what the people do next.
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The Trump administration has sued to potentially block certification of a Senate race in Alaska, threatened California election officials with jail time, and challenged the voter rolls in 30 states. They've lost almost all of those cases. So with a few days to go before the midterms, should we still be worried?
Dahlia is joined by Ari Berman, Mother Jones national voting rights correspondent and author of Minority Rule and Give Us the Ballot, to walk through the legal state of play heading into Election Day. They cover the Alaska Senate race lawsuit, the California ballot-segregation case, the threat of election-day ballot seizures and poll intimidation, and the Supreme Court's likely role if disputed elections land on its doorstep. They also discuss a source of hope: Black voters across the South are surging to the polls, driven by the Roberts Court’s attack on voting rights in its recent Callais decision, turning a ruling designed to suppress their votes into the most powerful mobilizing force of the cycle.
Plus, Amicus Plus members get a bonus episode with Madiba Dennie on this week’s Epstein file revelations, new GOP threats to judges who rule against Trump, and a major religious liberty case headed to SCOTUS.
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.
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Let’s say Democrats gain control of the House and Senate in a couple of weeks, with a majority of Americans demanding accountability, and an airtight list of high crimes and misdemeanors as long as your arm. Should Democrats impeach Trump on Day One? Frank Bowman is an expert in both the law and politics of the impeachment process who has analyzed the first two efforts to impeach and remove President Trump during his first term. But in the wake of an extensive study of our current moment, Professor Bowman tells Dahlia Lithwick that the president’s crimes are definitely impeachable—but acute polarization and tribalism may be insurmountable obstacles to Congress actually using the Framers’ last-ditch check against an autocratic president.
Read Frank Bowman’s series for Slate Try, Try Again? https://slate.com/tag/try-try-again
His forthcoming book, Great and Dangerous Offences: The Case for (and Against) Impeaching Trump a Third Time, is available for preorder now.

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Stacey Abrams, Ilyse Hogue, and Daphna Renan join Dahlia Lithwick in conversation for a live By The People finale.
This is part five of our series on popular constitutionalism, the idea that the Constitution belongs to the people—and not just to nine justices. Our listeners showed up with stories: a 62-year-old heading to law school, an 8th-grade teacher emailing her senators, an artist drawing the court, and a woman literally knitting the Constitution. They also came with questions for our guests: What about court expansion? What about term limits? Is it just too late? Abrams argues we're not cooked, but “things are just really hot.” Renan walks us through the tools Congress has used throughout U.S. history to rein in judicial supremacy. And, Hogue shares the story she’s hearing at town halls across the country: Americans of all stripes still believe in the Constitution's promise—they just don't know how to claim it.
Later: Our panelists offer clear and concrete steps for reclaiming the constitution.
Stacey Abrams’ 10 Steps Campaign can be found here: https://10stepscampaign.org/
Read about Ilyse Hogue’s work on her Substack: https://theallamerican.substack.com/
Check out Daphna Renan and Niko Bowie’s new book, Supremacy: How Rule by the Court Replaced Government by the People
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.
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On Monday, the Justice Department raided a sitting congresswoman's D.C. home to build a denaturalization case. Andrew Weissmann joins Dahlia Lithwick to explain the new depths being plumbed by Trump’s DOJ.
ICE executed an early morning search of Rep. Ilhan Omar's D.C. home—apparently targeting immigration statements made when she was 12 years old, by a father who is now deceased—all in service of a reported plan to strip her of her citizenship and deport her. Weissmann, lead prosecutor in Robert S. Mueller’s Special Counsel’s Office from 2017 to 2019 and chief of the Fraud Section in the Department of Justice from 2015 to 2019, walks Dahlia through what is shaping up to be another case of selective and vindictive prosecution, why it violates the department's own 60-day election rule, and what it signals when post-Watergate guardrails established to prevent exactly these kinds of abuses have been dismantled.
Weissmann and Lithwick also discuss the administration's lawsuit against California over mail-in ballots—a case in which the evidence, like every prior non-citizen voting claim, collapses under scrutiny but serves its purpose before the courts can intervene. Plus: Trump’s ballroom grift, and why the only thing standing between another mid-term presidential pardon spree and total impunity for all the president’s men might be state criminal law.
Andrew Weissmann is a professor of practice at NYU School of Law, legal analyst for MSNOW, and author of Liar's Kingdom: How to Stop Trump's Deceit and Save America.

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