Amicus With Dahlia Lithwick | Law, justice, and the courts - Impeachment’s Message and Meaning

Dahlia Lithwick is joined by renowned communications researcher and campaign adviser Anat Shenker-Osorio to talk about the messaging of impeachment outside the lens of the law. Then, Bob Bauer, former White House counsel under President Barack Obama and senior adviser to the 2020 Biden campaign, joins Dahlia to discuss the significance of this impeachment as a legal matter, and the next steps needed when the trial ends (in acquittal). 

In our Slate Plus segment, Mark Joseph Stern on the guessing-game that is the law of Covid and death-penalty protocols in late-night SCOTUS orders.

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Podcast production by Sara Burningham.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Impeachment’s Message and Meaning

Dahlia Lithwick is joined by renowned communications researcher and campaign adviser Anat Shenker-Osorio to talk about the messaging of impeachment outside the lens of the law. Then, Bob Bauer, former White House counsel under President Barack Obama and senior adviser to the 2020 Biden campaign, joins Dahlia to discuss the significance of this impeachment as a legal matter, and the next steps needed when the trial ends (in acquittal). 

In our Slate Plus segment, Mark Joseph Stern on the guessing-game that is the law of Covid and death-penalty protocols in late-night SCOTUS orders.

Sign up for Slate Plus now to listen and support our show.

Podcast production by Sara Burningham.


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Amarica's Constitution - Menus without Eating – Special Guest Prof. Philip Bobbitt

Philip Bobbitt is a top academic expert on Impeachment.  He has led the lonely chorus of those who have maintained that Trump’s second impeachment trial is unconstitutional, since it takes place when he is no longer President.  Akhil and Professor Bobbitt debate this and other points crucial to the trial - with surprising results. News flash: opinions change, and consensus is nearer.  One can only wish the Senate had similarly open minds.

Opening Arguments - OA464: Impeachment 2 Secret of the Ooze

In case you missed it, our 45th president led a violent insurrection about a month ago and now it's up to Democrats to convince a bunch of Republicans... who were there... that it happened. Andrew is here to break it all down for us!

Also, some other criminal president updates as the Georgia Sec of State opens an investigation into Trump's election meddling there.

Links: NYT Georgia Officials Review Trump's Phone Call to Raffensperger, Georgia Prosecutors Open Criminal Inquiry Into Trump's Efforts to Subvert Election, DA Preservation letters, Christine Resigns, impeachment schedule, Res 47 Adopted 2/9, Donald Trump Speech "Save America" Rally Transcript January 6, 18 US Code Chapter 102 - RIOTS

Amarica's Constitution - Ex-Pres Ex-perts

The impeachment trial has begun.  We depart from our leisurely time-independent pace to go nearly live and address the most important issues.  Can you try an ex-president?  Is this really about "insurrection?"  What are "high crimes and misdemeanors?"  How can Presidents Obama, Bush, et all help? Akhil and Andy also discuss their recent op-ed from the NY Daily News earlier this week.

Opening Arguments - OA463: Why Cases Against Robinhood Will Fail

Ace Associate Morgan Stringer is here to throw some cold water on the cases against Robinhood in the GameStop fiasco. Why are they doomed? Find out!

Before that we cover a grab bag of good news items including the DOJ dropping the Yale lawsuit, federal student debt cancelation, and Virginia abolishing the death penalty. Are you tired of positivity yet?

Links: OA219: Harvard and Affirmative Action, Warren and Schumer Resolution, 20 US Code § 1082, Virginia Senate passes death penalty abolition bill

Strict Scrutiny - Gold Highways

Leah and Kate are joined by David Schleicher and Sam Moyn, cohosts and creators of “Digging A Hole,” a legal theory podcast. They discuss Supreme Court reform and why none of them were invited to join the court reform commission. 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 6/12 – NYC
  • 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Opening Arguments - OA462: Rittenhouse Team Commits Perjury; DC Statehood and Impeachment!

This is a jam-packed, extra-length show that covers as many of the pressing stories in the news that we could cover!

We begin with the breaking news that Kyle Rittenhouse's lawyers perjured themselves by filing a fraudulent address in defiance of a court order; we tell you why that's bad and what's next for the domestic terrorist.

After that, it's time for a lengthy breakdown of the DC Statehood Bill, including a discussion of the potential future legal challenges (and solutions!) as well as the timing for when we can expect 2 new Senators to be seated!

Then, it's time to break down former President Trump's (laughably bad) response to the Article of Impeachment. Phew!

Links

  1. You can check out Rittenhouse's brief in opposition to the bond increase.
  2. Here is the full text of the DC Statehood Bill introduced by Tom Carper.
  3. You will not believe how bad the lawyering is in former President Trump's (laughably bad) response to the Article of Impeachment, and you can also read the Inquirer article on Trump's new lawyer, Bruce Castor, who seems like a real peach.

Appearances

None, have us on!

-Support us on Patreon at: patreon.com/law

-Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!

Amarica's Constitution - Bullets (Not) Dodged, Part 3: Shocked, Shocked!

The quadrennial choice Americans make was particularly fateful in 2016, and Akhil asserts that itself this was a bullet not dodged.  The unique nature of the American Presidency places enormous burdens on the office's holders, but so, too, does it ask much of the American people as they exercise the franchise.  What makes a good president?  What should Americans consider, and how can they frame the choice?  Akhil and Andy find lessons in the early republic, and the early Akhil, for that matter.  And of course, a few words about the recent occupant of the office.  Should we have known what we were in for?

Opening Arguments - OA461: SO MUCH WINNING!

Today's episode focuses on two major victories that many on our side have maybe been afraid of cheering on -- first, the agreement between Chuck Schumer and Mitch McConnell on a power-sharing arrangement that will enable legislation to come out of equally-divided Senate committees, and second, the impeachment vote of 55-45 that the Senate has jurisdiction over Trump's impeachment. We'll tell you why these are real victories worth celebrating and break down some Senate Rules while we're at it!

Then, we have an inspiring interview with Ruben Amaya, a 19-year-old running for the Maryland House of Delegates.

Links

  1. Yes, we're aware of the Latinos for Trump lawsuit; it's crazy and hilarious and we'll be covering it in some way, we promise!
  2. On the Senate rules: (a) go read Rules XXV, XXVI 7(a)(3), or any other rule for yourself; (b) check out the 2001 plan (S.R. 8); and then (c) read this CRS report explaining "filling up the amendment tree."
  3. On impeachment, you'll want to read Brian Kalt's seminal 2001 Law Review article.
  4. Finally, if you'd like to check out Ruben Amaya's campaign, head on over to his website at rubenamaya.org!

Appearances

None, have us on!

-Support us on Patreon at: patreon.com/law

-Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!