Amicus With Dahlia Lithwick | Law, justice, and the courts

The Myth of the Neutral Expert


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The Supreme Court has slowed Arkansas’ unprecedented rush to execute eight men in 11 days, pending a decision in McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant factor at his capital trial, was entitled to an independent psychological expert to testify on his behalf. We discuss the case with Stephen Bright, longtime president of the Southern Center for Human Rights, who represented McWilliams at this week’s oral arguments. 

We also sit down with Norm Eisen, co-founder of Citizens for Responsibility and Ethics in Washington (CREW), to discuss the ongoing anti-corruption litigation against President Trump. Last week, CREW added two new plaintiffs to its lawsuit, which alleges that Trump’s business interests put him in violation of the Constitution’s Foreign and Domestic Emoluments Clauses. Eisen reflects on the ethical issues of the Trump Administration’s first 100 days, why the president’s tax returns still matter, and what he believes is the single most concerning ethics violation of the new commander-in-chief.

Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app.

Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]

Podcast production by Tony Field. Our intern is Camille Mott.

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