The Verdict, the Video, and the Unreasonable Burden of Proof.

Dahlia Lithwick is joined by Juliette Kayyem, former assistant secretary at the Department of Homeland Security under President Barack Obama, currently serving as the faculty chair of the homeland security program at Harvard’s Kennedy School of Government, to look at the violent extremist elements of the MAGA movement and how counterterrorism tools can inform the response to the attack on the Capitol and President Trump’s “stochastic terrorism.” In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss developments in the judiciary in North Carolina and Pennsylvania, the high court’s decision to greenlight more federal executions in the last days of the Trump administration, and the first abortion case of the Amy Coney Barrett era.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

16 Jan 202143min

Dahlia Lithwick is joined by Joshua Geltzer, a former senior director for counterterrorism at the National Security Council under President Barack Obama and the founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law. He also wrote this piece in February of 2019.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

9 Jan 202153min

The incarceration of tens of thousands of Japanese Americans in the 1940s is one of the most shameful acts in American history. Dahlia Lithwick is joined by Judge Edward M Chen and Don Tamaki, members of the legal team that worked to clear Fred Korematsu’s name almost 40 years after his conviction, to discuss the overlooked context, corruption, and cover-up that enabled the policy, and to examine how the Supreme Court has yet to fully contend with the legacy of Korematsu v United States. They also unpack the lessons the case offers for the present moment. The documentary discussed is Alternative Facts: The Lies of Executive Order 9066. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Jan 20211h 6min

Dahlia Lithwick talks to Justice Stephen Breyer of the US Supreme Court for a Slate Plus exclusive, as part of Slate’s 80 over 80 coverage. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

22 Dec 20206min

Dahlia Lithwick is joined by Michigan Secretary of State Jocelyn Benson to talk about lessons learned from this election cycle, and what it’s like to be in the eye of the “unleash the kraken” storm.  Next, Dahlia talks with Professor Steve Vladeck of the University of Texas School of Law about Bill Barr’s departure from the Justice Department, and they try to shed some light on the latest signals emerging from the Supreme Court’s shadow docket.  In our Slate Plus segment, Mark Joseph Stern joins Dahlia for all the Supreme Court news we couldn’t cram into the main show, including analysis of the Covid closure cases and Mitch McConnell’s unprecedented lame-duck judicial appointment spree.   Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

19 Dec 202055min

Dahlia Lithwick is joined by Jack Goldsmith, Harvard Law professor, senior Hoover Institution fellow, co-founder of the Lawfare blog, and co-author (with Bob Bauer) of After Trump: Reconstructing the Presidency. They unpack the presidential pardon power and try to figure out what Attorney General Bill Barr is up to with John Durham’s investigation of the investigation into the 2016 election.  In our Slate Plus segment, Mark Joseph Stern joins Dahlia to analyse what’s been happening at the Supreme Court in the last 14 days, including last week’s religious freedom decision weighing public worship in the pandemic, the latest Census case, and Justice Samuel Alito’s eagerness to hear from Pennsylvania.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. . Learn more about your ad choices. Visit megaphone.fm/adchoices

5 Dec 202057min

Dahlia Lithwick is joined by Joshua Matz to talk election lawsuits, Trump’s lawyers, Big Law, and whether the Biden administration will put “healing” ahead of justice in the post-Trump era.  In our Slate Plus segment, Mark Joseph Stern joins Dahlia to try to calibrate alarm about Michigan officials talking to the White House about certifying and uncertifying results. Plus, Amy Coney Barrett’s first SCOTUS vote on the death penalty and the State Supreme Court race in North Carolina that you might have missed, but has much to say about racism and the state of state of the judiciary. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

21 Nov 20201h

Dahlia Lithwick is joined by Amicus’ election law whisperer, UC Irvine election law professor Rick Hasen, to sift through the results, the non-calls, and the many, many lawsuits of this post-election moment.   Then, Dahlia is joined by Jim Zirin, former federal prosecutor and author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits, to map out the playbook the president is pulling from today and always--from his Supreme Court picks to all-caps claims of voter fraud.  In our Slate Plus segment, Mark Joseph Stern reports on the big case at the intersection of religious liberty and the right of LGBTQ people to become foster parents that was heard at the Supreme Court this week. And what, if anything, we can draw from Amy Coney Barrett’s first week on the bench (on the phone).  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

7 Nov 202054min