Amicus With Dahlia Lithwick: "Preview: Trump’s Racking Up Supreme Court Loyalty Points"

Release Date: January 9, 2025

Episode Overview

In this episode of Amicus, Slate’s podcast dedicated to the intricacies of the U.S. Supreme Court and the broader legal landscape, host Dahlia Lithwick delves into the tumultuous legal battles surrounding former President Donald Trump. With a flurry of high-stakes cases and unprecedented legal maneuvers, the episode offers listeners a comprehensive preview of the legal drama unfolding as Trump seeks to navigate and potentially manipulate the judicial system to his advantage.

Key Legal Developments

1. Supreme Court Hearings and Decisions

• TikTok Ban Case: The Supreme Court is set to hear arguments regarding the controversial TikTok ban. This case has significant implications for digital privacy, national security, and the regulation of foreign-owned apps in the United States.

• President Elect Donald Trump's Sentencing Appeal: Judge Juan Merchan in Manhattan is scheduled to sentence Trump in a hush money case. Trump has appealed this decision to the Supreme Court, invoking broad claims of presidential immunity that, if upheld, could set a precedent for unprecedented legal shielding of a president-elect.

• Judge Aileen Cannon's Rulings: In Florida, Judge Cannon has made a notable decision to block the release of Special Counsel Jack Smith's final report related to two investigations that have resulted in federal felony charges against Trump. Judge Cannon's stance suggests a dismissal of certain jurisdictional boundaries, potentially delaying transparency in critical investigations.

• Justice Samuel Alito's Involvement: Justice Alito appears to be personally engaged with Trump, having had a phone conversation concerning transition-related human resources matters. This interaction raises questions about potential conflicts of interest and the impartiality of the judiciary when handling cases involving high-profile figures like Trump.

In-Depth Conversation with Andrew Weissman

To provide clarity amidst the whirlwind of legal events, Dahlia Lithwick invites Andrew Weissman, co-host of the Prosecuting Donald Trump (now Main Justice) podcast and a seasoned legal analyst, to dissect Trump’s legal strategies and their broader implications.

Trump's Appeal to the Supreme Court

Lithwick [00:00]:
"Can we just start with future President Trump's appeal to the Supreme Court, asking them to pause his sentencing in the hush money case?"

Weissman [02:50]:
"There's a grab bag of issues that have been raised... Trump's trying to circuit the normal legal process by leveraging presidential immunity in unprecedented ways."
(02:50)

Weissman explains that Trump’s legal team is attempting to expand the concept of presidential immunity beyond its traditional scope. While the Supreme Court previously recognized immunity for official presidential acts, Trump’s appeal seeks to blanket all his actions, both official and unofficial, under this immunity umbrella.

Key Points:

• Expansion of Presidential Immunity: Trump’s lawyers are referencing past Supreme Court decisions to argue that presidential immunity should cover all his actions, not just those undertaken officially. This is a significant departure from established legal interpretations.

• Judicial Response: Judge Juan Merchan's decision hinges on distinguishing between personal and presidential conduct, thereby challenging the broad application of immunity. Weissman emphasizes that only five Supreme Court justices supported the earlier immunity decision, with Justice Amy Coney Barrett dissenting, highlighting the contentious nature of this legal frontier.

• Procedural Challenges: Weissman underscores the procedural norms that Trump is attempting to bypass. Typically, defendants cannot halt sentencing preemptively; they must proceed through trial and sentencing before appealing. Trump's approach threatens to undermine these foundational legal processes.

Implications for the Justice System:

Weissman warns that if the Supreme Court sides with Trump, it could establish a precedent that creates a distinct "Donald Trump tier" within the justice system. This scenario would not only erode public trust but also entrench a two-tiered system of justice, exacerbating existing disparities related to race and class.

Weissman [05:00]:
"If the Supreme Court grants this, it is a real sign that we have not just a two-tiered system of justice... but in fact, you'll have two tiers plus the Donald Trump tier."
(05:00)

Notable Quotes

• Andrew Weissman on Judicial Precedents:
  "There are literally so many prosecuting Donald Trump kind of dangling stories that are swirling in this little interregnum between the certification of the election that just happened, the inauguration that's about to happen."
  (00:00)

• Weissman on Procedural Norms:
  "The normal rule is things proceed, you know, in, in certain orders, the trial, the sentence, and then an appeal."
  (04:30)

• Concerns About Legal Fairness:
  "Donald Trump is trying to circuit that. And if the Supreme Court, in my view, grants this, it is a real sign that we have not just a two-tiered system of justice... but in fact, you'll have two tiers plus the Donald Trump tier."
  (05:00)

Conclusion

Dahlia Lithwick’s preview highlights a critical juncture in American jurisprudence, where the actions of a former president are testing the very limits of legal immunity and the Supreme Court’s role in shaping the balance of power. By bringing in Andrew Weissman’s expertise, the episode elucidates the gravity of these legal maneuvers and their potential to redefine the American justice system. Listeners are left contemplating the future of legal accountability and the integrity of judicial processes in the face of unprecedented political pressures.

For a deeper dive into Andrew Weissman’s insights and the full conversation, Slate Plus subscribers can access the exclusive interview. Subscribe to Slate Plus directly from the Amicus show page on Apple Podcasts and Spotify, or visit slate.com/amicusplus to unlock weekly bonus episodes and enjoy ad-free listening across all Slate podcasts.