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

“Color-Blind” Admissions Continue to Hurt Us

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

Slate Podcasts

News Commentary, Politics, Government, News

4.63.1K Ratings

🗓️ 27 September 2025

⏱️ 85 minutes

🧾️ Download transcript

Summary

The week ended with a Grand Jury Indictment of former FBI Director James Comey for what looks to be a pair of unprovable crimes. Indeed the  US Attorney overseeing the case declined to bring the indictment for that very reason. He’s gone and Donald Trump’s personal insurance lawyer brought the case. Mark Joseph Stern and Dahlia Lithwick discuss what that means for the Justice Department. Then Yale Law School’s professor Justin Driver reminds us that Supreme Court cases don’t just turn into vapors after they come down in June. The Supreme Court’s affirmative action decision from 2023 has fundamentally changed what college campuses look like and has opened the door to Trump Administration attacks on anything that even looks like racial justice efforts on elite campuses and throughout the country. Any one decision causes legal cascades that can and will be used against us. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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EEC for Sims. Only on the UK's Best Network. To verify best network, see EEO.com.uker claims. The

1:13.6

The I'm Dahlia Lithwick. This is Amicus Slate's podcast about the law and the Supreme Court. Welcome back. And welcome to Mark

1:46.5

Joseph Stern, my cherished co-host and jurisprudential ride or die. Hi, Mark. Hi, Dolly. It feels so

1:55.2

good to be cherished. Today, of all days, it's what I needed. Yes. I would burst into song, but you're probably too young to remember the song, Cherish.

2:05.1

Also too depressed by the news to do a good duet.

2:09.1

To do a good.

2:10.2

Excellent.

2:11.7

So listen, we are jumping in the top of the regular show because, surprising, no one who was paying attention, former FBI director James Comey was indicted on Thursday evening by a grand jury in the Eastern District of Virginia on a pair of charges, making false statements, obstruction of Congress.

2:37.2

There's so much here, Mark, that is really alarming, if not for many of us, break the glass, terrifying. And I thought maybe we could

2:44.0

break down the news, you and I as crisply as possible, which means can we just start with the murky part, which is what is it that Jim Comey has been indicted for?

2:56.4

So the indictment is less than two pages, which is extremely unusual. These are usually much longer because they allege an actual fact pattern of criminality that didn't happen here.

3:08.7

Instead, it simply accuses Comey of claiming in testimony before Congress that he never,

3:15.8

quote, authorized someone else at the FBI to be an anonymous source in news reports,

3:21.3

end quote. So the indictment accuses him of perjury on the grounds that he

3:26.0

did, in fact, authorize an FBI colleague to leak information to the press. Specifically, it

...

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