Charged: A True Punishment Story

In the 11th season of Slow Burn, host Susan Matthews traces the rise of Neil Gorsuch, from his formative years as a young conservative through his nomination to a “stolen seat” on the U.S. Supreme Court. Through interviews, legal analysis, and archival research, this mild-mannered Westerner emerges as the court’s most unpredictable—and most important—sitting justice.

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The investigation into the 2021 attack on the Capitol was the largest in FBI history. Then Trump came back into office—and started undoing it. 

Guest: Ryan Reilly, reporter covering the Justice Department and federal law enforcement for NBC News, author of Sedition Hunters: How January 6th Broke the Justice System.

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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, and Rob Gunther.

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In a special new year retrospective, Amicus host Dahlia Lithwick revisits an important episode from early 2025. Back at the beginning of February, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, pointed to  the speed and viciousness of the very opening legal gambits in Trump 2.0 as evidence that America had already switched over to the fast track for autocracy on January 20th, 2025. An expert in the law of autocracy, Scheppele has seen firsthand what happened to constitutional courts, the media, the academy and the democratic norms that protected them in Russia and Hungary. In this interview, Scheppelle explains how Trump’s executive orders on everything from government funding to transgender people in the military reveal a familiar global playbook that has chillingly familiar endpoints. 

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Over the past calendar year, the Supreme Court’s center has shifted to the right and then more to the right, and the justices’ decisions have time and again facilitated Trump’s agenda. But the Roberts majority is not simply focused on what the current president wants; it has its sights set on a larger project: voting. Suppressing and constraining and problematizing the core function of democratic rule. In this episode, Dahlia Lithwick and Mark Joseph Stern reflect on the significant developments at  the Supreme Court over the past year with an eye toward the implications of the court's decisions on democracy, voting rights, and the erosion of checks and balances. Looking back at the past year at One First Street, Dahlia and Mark trace the cases that reveal the court’s long game, with elections coming quickly, and discuss the forces for and against democracy being exerted within and without the high court. Then, they turn to the urgent matter of what you and I can do about it.

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In mid-March of 2025, ACLU attorney Lee Gelernt and his colleagues started hearing that the Trump administration might attempt a flagrantly lawless publicity stunt, involving migrant men, secret flights to El Salvador, a notorious gulag, and a total disregard for due process. Despite getting word that something was about to happen, and rushing into a Saturday night hearing, and then securing a TRO from DC judge James Boasberg, Lee and his colleagues were unable to prevent more than 250 men from being renditioned from Texas to the CECOT torture prison in El Salvador. The legal cases spawned by the dramatic events of March 15th 2025 haven’t gone away, indeed they are reaching crucial milestones in the courts, raising foundational questions about the abuse of statutes and what it means to defy court orders. On this week’s Amicus, Dahlia Lithwick is joined by the ACLU’s Lee Gelernt who is litigating these cases, to discuss the very high stakes of a set of cases that may have fallen off your radar in the shuffle. 

How these cases play out will dictate much of what happens for the rest of Trump’s term in office by answering democracy-defining questions such as whether the antiquated and radical wartime powers of the Alien Enemies Act can be unleashed on people the government deems enemies domestically, whether court orders are actually directives the Trump DoJ is bound  to follow, whether the district courts can require Pam Bondi’s justice department to assist in the finding of fact, and whether the ancient legal concepts protecting liberty of due process and habeas corpus have the force of law in Trump’s America. 

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Hosts Alex Kirshner, Lindsay Gibbs, and Ben Lindbergh discuss the shocking circumstances around the firing and arrest of Michigan coach Sherrone Moore and how his misconduct speaks to a systemic issue within Michigan Athletics. Next, the team is joined by The Ringer’s David Shoemaker to pay tribute to the pro wrestling career of John Cena following his final match. And finally, Turkish sociologist and journalist Dağhan Irak helps us unpack the betting scandal rocking Turkish football. 

On the bonus episode available exclusively for Slate Plus members, the gang talks about The Kansas City Chiefs’ fall from grace.

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Episode Notes:

Read Alex’s piece on the Michigan situation. 

Check out The Squared Circle by David Shoemaker

Read David Shoemaker’s piece on John Cena

Read more on the Turkish betting scandal  

You can email us at [email protected].

Podcast production and editing by Kevin Bendis and Jessamine Molli, with production assistance from Patrick Fort.

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Trump decided this past week that there was no downside to fully embracing the racist “shithole countries” rhetoric he denied seven years ago; but this mask coming fully off is just the latest chapter in a decades-long campaign to gut a very specific part of the constitution: the reconstruction amendments. On this week’s Amicus episode, Dahlia Lithwick talks to civil rights attorney Sherrilyn Ifill about the critical role the 14th Amendment has played in shaping American democracy, and why this full frontal assault on its protections should have everyone on high alert. In a week in which we found ourselves toggling between “the tide is turning!” and “all is lost!” Sherrilyn expertly guides us to an  understanding of what winning looks like in this moment, and how the courts can still play a role in renewing America’s commitment to equal justice under the law, even when the Supreme Court is openly hostile to that proposition. 

Sherrilyn Ifill’s substack newsletter: Is It Too Late?

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While the Secretary of Defense pursues lawless boat strikes with a laser focus on maximum trolling, the Supreme Court is working to undermine voting rights with a laser focus on maximum support for Republicans. 

In this week’s episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the news that Trump’s extra-constitutional attempt to restrict birthright citizenship is heading back to the Supreme Court. They also discuss Thursday’s shadow docket decision supercharging racial gerrymandering as well as next week’s campaign finance case that promises to unleash even more dark money in the midterms. Next, Dahlia’s joined by Malcolm Nance, former naval intelligence officer, author and host of the Black Man Spy podcast to talk through the current administration’s riding roughshod over established military law, and the very nasty history of bombing shipwrecks. 

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Some presidents use their pardons for large groups of people. Some presidents use them for personal reasons. If you were to sum up Donald Trump’s use of the power of the pardon, the only word for it is “brazen.”  

Guest: Benjamin Wallace-Wells is a staff writer at The New Yorker.

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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, and Rob Gunther.

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In 1996 everything changed. With the introduction of antiretroviral medications called the “AIDS cocktail,” people started getting better – some dramatically – and surviving AIDS became a real possibility. In the wake of these changes, MCC found itself taking stock of what they lost to AIDS and using what they learned to address larger social issues– from medical marijuana to homelessness. Sometimes these political stances felt heroic and a way to use that collective energy, and other times it made the church very unpopular with the changing Castro neighborhood.

“Freedom is Coming”  is by Anders Nyberg. 

“All Things New” is by Rory Cooney.

“Blessed Assurance” is by Franny Crosby.

“Gloria (Angels We Have Heard on High” is a traditional Christmas hymn. 

“The Potter’s House” is by V. Michael McKay. 

For images and links about this episode visit https://www.heavenpodcast.org/episode-9.

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Production credits: 

When We All Get to Heaven is produced by Eureka Street Productions. It is co-created by Lynne Gerber, Siri Colom, and Ariana Nedelman. Our story editor is Sayre Quevedo. Our sound designer is David Herman. Our managing producer is Krissy Clark. Tim Dillinger is our consulting producer and Betsy Towner Levine is our fact-checker. We had additional story editing help from Sarah Ventre, Arwen Nicks, Allison Behringer, and Krissy Clark. For a complete list of credits, please visit https://www.heavenpodcast.org/credits.

This project received generous support from individual donors, the Henry Luce Foundation (www.hluce.org), the E. Rhodes and Leona B. Carpenter Foundation, and California Humanities, a non-profit partner of the National Endowment for the Humanities (www.CalHum.org).

Eureka Street Productions has 501c3 status through our fiscal sponsor FJC: A Foundation of Philanthropic Funds.

The music for this episode is from the Metropolitan Community Church of San Francisco’s archive. It was performed by MCC-SF’s musicians and members with Bob Crocker and Jack Hoggatt-St.John as music directors. Additional music is by Domestic BGM.

Special thanks to Tom Ammiano, Tommi Avicolli-Mecca, Stuart Gaffney, John Lewis, Dr. Jen Reck, Matt Sharp, and Dana Van Gorder for their help with this episode. 

Great thanks, as always, to the members and clergy of the Metropolitan Community Church of San Francisco who made this project possible.  

Some links to good groups

Lyric Center for LGBTQQ+ Youth

The Ali Forney Center

The Trevor Project’s 2022 report on LGBTQ youth and homelessness

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