Amicus With Dahlia Lithwick | Law, Justice, and the Courts
Episode: “Tanks On DC’s Streets And A US Senator In Handcuffs” Release Date: June 14, 2025
Introduction: A Nation Divided
In this gripping episode of Amicus, Dalia Lithwick and Mark Joseph Stern delve into a tumultuous Saturday that epitomizes the fracturing of America. As dawn breaks over Washington D.C., the city witnesses a formidable military display with dozens of tanks parading through the streets—an ostensible celebration of the Army’s 250th birthday, but unmistakably a nod to President Donald Trump’s prominence. Concurrently, across the nation, mass protests erupt in support of “No Kings” movements—state-led demonstrations enshrined under the First Amendment, yet overshadowed by fears of repression.
Notable Quote:
Dalia Lithwick [00:00]: “When you listen to this on Saturday morning, the sun will be rising on two Americas.”
Federal Overreach and Public Unrest
The episode paints a vivid picture of escalating tensions as federal agents conduct aggressive ICE raids in heavily Latino neighborhoods near a Home Depot and a downtown clothing company. These operations culminate in the controversial arrest of U.S. Senator Alex Padilla, who was taken into custody despite being nine months pregnant, alongside the separation of families and the disappearance of friends.
Notable Quote:
Mark Joseph Stern [02:08]: “President of the United States pressed 4,000 California National Guard members into his service and deployed 700 Marines to Los Angeles over the stated objections of city and state officials.”
A President’s Authoritarian Leanings
Dalia Lithwick offers a critical analysis of President Trump’s maneuvers, suggesting a deliberate speedrun towards dictatorship. She argues that Trump is consolidating power by undermining judicial and legislative branches, using the Justice Department and law enforcement as personal enforcers to suppress opposition.
Notable Quote:
Dalia Lithwick [07:08]: “Trump is using his Justice Department, he is using his law enforcement agents, which he does very much view as his own, as his own personal army to enforce his rule.”
The Assault on Senator Alex Padilla
A pivotal moment in the episode is the recounting of Senator Padilla’s harrowing experience during a press conference. As Secretary of Homeland Security Kristi Noem declares federal intentions to “liberate” Los Angeles from what she terms “socialist” leadership, Padilla confronts her with critical questions. This confrontation escalates violently as Padilla is forcefully removed and handcuffed by federal agents, highlighting the administration’s intolerance for dissent.
Notable Quote:
Alex Padilla [05:49]: “I have questions for the secretary because the fact of the matter is…”
Mark Joseph Stern [06:37]: “There’s no recording allowed out here.”
Judicial Pushback: Governor Newsom’s Lawsuit
Governor Gavin Newsom of California files a lawsuit against the Trump administration, challenging the federal deployment of the National Guard. District Court Judge Charles Breyer responds decisively, distinguishing the events as peaceful protests protected under the First Amendment rather than a rebellion warranting military intervention.
Notable Quote:
Mark Joseph Stern [27:16]: “This is no rebellion at all. This is what the First Amendment protects at its core.”
Legal Implications and the Road Ahead
Lithwick and Stern delve into the legal nuances of the case, explaining how Trump’s invocation of 10 USC §12406 does not align with the statutory requirements for federalizing the National Guard. Judge Breyer’s ruling not only invalidates the procedural aspects of the order but also underscores the 10th Amendment’s protection of states’ rights.
Notable Quote:
Dalia Lithwick [30:13]: “Trump did not issue this order through California Governor Gavin Newsom. He issued it over the objection of Newsom.”
The episode anticipates an appeal to the Ninth Circuit, expressing concerns over potential rulings from a panel comprising Trump-appointed judges. The possibility of the Supreme Court intervening remains a significant concern, given the current ideological leanings of its justices.
Defending Democracy: The Role of Truth and Civic Responsibility
A central theme of the discussion is the imperative to uphold democratic values through the dissemination of truth. Lithwick emphasizes the importance of documenting and sharing footage of protests to counteract government propaganda and maintain accountability.
Notable Quote:
Dalia Lithwick [13:59]: “One of the most powerful acts of defiance that anyone can undertake right now is to tell the truth and to say what they witnessed.”
Stern echoes this sentiment, urging citizens to actively participate in defending democracy by being chroniclers of truth and debunkers of lies.
Guidance for Peaceful Protesters
As protests continue amidst fears of federal aggression, Lithwick offers practical advice for demonstrators. She advocates for peaceful assembly, maintaining composure, traveling in groups, and recording interactions with authorities to safeguard against potential abuses.
Notable Quote:
Dalia Lithwick [39:53]: “Ensure that you separate themselves from any agitators who want to commit acts of violence.”
Conclusion: Resilience in the Face of Authoritarianism
The episode concludes on a note of resilience and hope. Despite the daunting challenges posed by an increasingly authoritarian administration, Lithwick and Stern assert that the American spirit remains steadfast. They honor the efforts of lawyers and judges who stand up for constitutional principles and encourage citizens to continue defending democracy through informed and peaceful actions.
Notable Quote:
Dalia Lithwick [44:53]: “As long as we understand that he can have all the tanks he wants and we can rest assured that he will still lose.”
Final Thoughts
Amicus delivers a compelling analysis of a critical juncture in American democracy, blending incisive legal commentary with a passionate call to civic action. For those seeking to understand the complexities of current legal and political upheavals, this episode provides a thorough and engaging exploration of the forces shaping the nation’s future.
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