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Trump’s Slush Fund Is Even Worse Than You Thought
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Donald Trump's $1.8 billion "anti-weaponization" settlement fund has stunned legal experts—not just because it's corrupt, but because of how skillfully and transparently it is designed to protect the Trump Family and reward loyalists. On this week's Amicus, Dahlia Lithwick brings together two of the sharpest observers of Trump-era lawlessness to map exactly what this is and why it matters.
J.P. Cooney, a career federal prosecutor and former top deputy in Jack Smith's special counsel's office, explains how President Trump sued his own IRS as a private party, settled the case through attorneys who have also been his personal lawyers, and then secured an addendum—signed by acting Attorney General Todd Blanche—immunizing Trump and his family from any IRS audit or tax-enforcement proceeding. Cooney calls it "practiced, skillful corruption".
As Investigative journalist Andrea Bernstein, host of The Law According to Trump, author of American Oligarchs, and a veteran of five Trump trials, points out, this settlement enshrines Trumpian language— such as "unlawful raid at Mar-a-Lago" and "Russia collusion hoax"—in official U.S. government documents. Bernstein says it’s vital to be clear about who stands to receive payouts: people convicted of seditious conspiracy, assaulting Capitol police officers, and other crimes they admitted to in open court.
Cooney and Bernstein agree this fund doesn't just reward insurrection—it incentivizes future violence, chills legitimate dissent, and systematically erases the historical record of Jan. 6.
Later, Slate executive editor Susan Matthews joins to preview the new season of Slow Burn, Becoming Justice Gorsuch—and explain why the most anonymous justice on the court is so pivotal to understanding the power and the politics of the highest court in the land.
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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Bonus: ICE Flights Head Back to SCOTUS
23:42|This week at the smokeless cigar bar, Dahlia and Madiba K. Dennie of Balls and Strikes discuss the beating of a man by DHS officers near Chicago that can be traced directly to the Supreme Court. Justice Brett Kavanaugh laid the foundation for this kind of law-enforcement stop last year. Next, the Missouri map case keeps coming back, which undermines not only the law but confidence in elections. Dahlia and Madiba revisit recent examples of the Trump administration ignoring courts at every turn. DHS is continuing to send people to third countries as a means of removing them from the country, the Missouri Republican Party keeps trying to reinstate an illegal electoral map, but in a (slightly) bright spot, Justice Ketanji Brown Jackson spoke publicly about how SCOTUS’ abuse of the shadow docket damages its credibility and the rule of law. 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.Everybody Out of the Pool
44:41|President Trump announced on Truth Social that he was banning CNN, Politico, and MSNow from the White House because he didn't like their coverage. Within days, a federal judge ordered the outlets be reinstated—but the White House dragged its feet. Hours later, reporters were still locked out and a state dinner with President Xi of China went ahead without them. Jameel Jaffer of the Knight First Amendment Institute joins Dahlia Lithwick to explain the First Amendment and due-process arguments at the heart of the case, why the administration's national security justification fell apart in court, and what it means when a president seems indifferent to judicial orders. Together, they trace the broader pattern of press intimidation, including this administration's recent bans on the Associated Press and on Pentagon reporters. And, they discuss something new: news organizations standing together in solidarity for the first time, and why Jaffer thinks we're already living in an authoritarian moment—whether we've noticed or not.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.Bonus: The Judges That Keep Fighting Back
30:05|This week, Donald Trump’s cronies shuttered the Kennedy Center—temporarily, at least—and then the president amplified the threat by being photographed with a posterboard reading “Kennedy Center DEMOLISHED.” It would be easy to dismiss the saga over the iconic venue as the latest in Trump’s weird gold-plated architectural megalomania, but as Madiba K. Dennie explains, destroying buildings and public spaces in America has a long and dangerous history in white supremacy. Dahlia and Madiba also think through the New York Times coverage of what it was like to be a federal judge in Minneapolis this winter during the administration’s anti-immigrant surge, and they discuss another judicial effort to stop the latest lazy-yet-dangerous legal attack on international students, journalists, and professors. 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.One Ballot After Another
01:05:09|You’ve seen the headlines about the lists, the claims, the THREE times this same executive order about voting by mail has gone to the Supreme Court. But is Trump’s interference with mail-in voting settled—at least with respect to the midterms? Our go-to election law expert, Richard Hasen of UCLA School of Law, joins Dahlia to unpack what just happened and how this postal chaos alters voters’ sense of election security. We’re calling this discussion “information” and not “catastrophizing.” Hasen has this advice for listeners: get out there and vote in-person. Next, Sam Sankar of the environmental-law organization Earthjustice explains why SCOTUS’ longstanding skepticism towards the environment does not make him as pessimistic as one might expect. He also takes us behind the scenes in two environmental cases that will kick off the Supreme Court term in a few weeks, including an appeal over whether the Air Force may continue to blow stuff up over an historic beach in Guam.Bonus: Crybabies With a Batphone to SCOTUS
27:39|This four-day workweek was chock-full of last-minute filings and cases that seemed to come from the Groundhog Day dimension. The GOP continues to use the courts to make everything harder: voting, abortion, and even the concept of time. Madiba K. Dennie joins Dahlia this week to break down what happened in Missouri, to explain how SCOTUS was involved—and to crush Dahlia’s stubborn, residual optimism. They also talk about the latest attempt to ban abortion nationwide in the Louisiana v. FDA case that was argued this week. 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.Capitulation Nation
53:45|Capitulation under Trump 2.0 has been devastating to the rule of law. To review a couple of lowlights: One of the nation’s leading lawyers, Brad Karp, cut a deal with Donald Trump in the first days of the bully-in-chief’s second administration that turned out to constitute five flabby bullet points on an unsigned piece of paper. Chief Justice John Roberts is pretending the president is a generic Republican. Dahlia Lithwick talks to Jacob Weisberg about his new book, Profiles in Cowardice, which examines the flawed individuals leading institutions that were meant to hold the line in Trump's second term but instead gave up almost instantly. They unpack the law firm Paul, Weiss' capitulation in an "agreement" with Trump that protects nobody, Chief Justice John Roberts' fatal bet that the Supreme Court can preserve its prestige while the Justice Department defies federal judges, and Senate enthusiast Mitch McConnell's self-defeating legacy of remaking a judiciary that empowered a president to sideline the Senate entirely. Dahlia and Jacob also examine the first signs of a countervailing force, from Harvard's refusal to make a deal to the question of what Joint Chiefs chairman Dan Caine will do if tested around the midterms.Jacob Weisberg's book is Profiles in Cowardice: A Study of Collaboration in the Trump Era, published by Penguin Press.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.Bonus: Catch Me If You Can
22:56|As we barrel through Labor Day and downhill into the midterms, Madiba K. Dennie of Balls and Strikes joins Dahlia to discuss things Trumpian, jurisprudential, and temporal: a district court injunction that halts the Trump administration’s restrictions on mail-in voting for 14 days, and Trump’s request for the Supreme Court to URGENTLY intervene (again). If—as Matthew McConaughey once intoned—time is a flat circle, could it also be a loophole? Finally, what does the reporting about the Justice’s attempts to shield their papers from public scrutiny reveal about the Court and should we go back to making them ride Circuit on itchy horses? 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.SCOTUS Rewrites the Rules for One Special Boy
01:08:50|It’s past time to say it. This Supreme Court is helping President Donald J. Trump evade accountability. Erwin Chemerinsky, dean of the Berkeley School of Law, joins Dahlia Lithwick to break down the conservative majority's procedural toolkit—standing, ripeness, the Purcell principle, and inscrutable rulings on the shadow docket —and how these doctrinal headfakes are being used to ensure Trump always wins in court, even when he loses. They dig into the White House ballroom case and Trump’s attempt to disrupt mail-in voting and the midterms, they explore what's different from Trump's first term, and ask which of the justices are worried about the court's legitimacy.Plus, we remember Gloria Steinem, who died at 92 this week. From co-founding Ms. magazine to her lifelong allyship with the civil rights movement, Steinem's legacy of building coalitions, lifting up others, and never letting anyone steal her joy carries urgent lessons for a moment in which so much of what she fought for is being erased. Dahlia talks with legal scholar and Ms. Studios executive producer Professor Michele Goodwin.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.Bonus: Sorry, Not Sorry
36:58|With Slow Burn summering in the Amicus feed for the past three weeks, host Susan Matthews joins Dahlia and Mark in the smokeless cigar bar to pick up where Becoming Justice Gorsuch left off in April. They discuss the blockbuster end-of-term Supreme Court decisions that arrived in June—and Neil Gorsuch’s role in them.Later: Gorsuch recently caught flak from conservatives for saying that America is a “creedal nation”, founded on ideas, not blood. But how does that fit with his vote in the birthright citizenship case, joining Justice Clarence Thomas’ dissent? 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.