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Amicus With Dahlia Lithwick | Law, justice, and the courts - A Look at the Original Quid Pro Quo: Emoluments.

Slate News

Slate Podcasts

News, News Commentary, Politics

4.56K Ratings

🗓️ 9 November 2019

⏱️ 67 minutes

🧾️ Download transcript

Summary

Dahlia Lithwick calls former prosecutor Mimi Rocah for an answer to a question Amicus listeners often ask. She then asks Sen.Sheldon Whitehouse, D-Rhode Island, if all hope is lost for the federal judiciary. Finally, she revisits emoluments with Deepak Gupta and pulls on threads that extend right into the impeachment investigation. 


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Transcript

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0:00.0

Most Americans have no idea that under Chief Justice Roberts, there are 73 of these five to four partisan decisions in which there was a big Republican donor interest implicated. And in 73 out of 73, the big Republican donor interest won.

0:22.4

There's a strong argument that Trump's violation of basic constitutional anti-corruption

0:28.1

norms ought to be part of the conversation, ought to be an article of impeachment.

0:40.5

Hi, and welcome back to Amicus. This is Slate's biweekly podcast about the Supreme Court, the courts, the law, the rule of law, and justice.

0:47.3

I'm Dahlia Lithwick, and this week's show is kind of jam-packed because there's a whole lot of law going on in the world since we last

0:56.0

spoke. Later on in the show, we're going to talk about Mitch McConnell's takeover of the federal

1:01.2

bench. And we are actually going to return to the emoluments clause, which is, it's still a thing.

1:07.7

But first, we're introducing a new segment this week in which we ask an expert to answer a burning question from our listeners. And this week's question is really, what the heck is a quid pro quo? So we're picking up the new amicus bat phone and calling in to a former amicus guest, Mimi Roca, for some help. She's currently Pace Law School's

1:29.1

Distinguished Fellow in Criminal Justice and a legal analyst for MSNBC and NBC News. Before that,

1:35.0

she was an assistant U.S. Attorney in the Southern District of New York from 2001 to 2017,

1:39.8

where she successfully prosecuted and tried numerous cases, including several high-profile organized crime cases.

1:47.6

So the question for Mimi this week is, what's a quid pro quo?

1:52.3

How do you know if one has taken place?

1:55.0

And how would a prosecutor go about proving that when it happened?

1:59.6

So, okay, quid pro quo literally is or means a thing for a thing, something for something.

2:08.3

So the classic example and one that, you know, believe it or not, I saw many times, it still

2:14.7

happens, is a mob shakedown, where you have an associate working for

2:19.8

a mob boss, and he goes to a store in Brooklyn, say, and says, you give me $5,000 a month,

2:28.4

or else you might see some windows broken on your store every couple of weeks. And we're not going to

2:37.2

protect you. Okay? And of course, that store pays up and they get the protection. And what's

2:44.8

amazing to me about the impeachment scenario that we're talking about with Ukraine is how similar

2:50.2

it is to that, right?

...

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