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

The Myth of the Neutral Expert

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

Slate Audio

News Commentary,, Government, News

4.6 • 3.4K Ratings

🗓️ 29 April 2017

⏱️ 43 minutes

🧾️ Download transcript

Summary

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.

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Transcript

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0:00.0

In the campaign, Trump lay on a bed of nails.

0:05.2

He had so many different problems, but his weight was equally distributed.

0:12.6

Think of this as sort of like you've got two armies, you've got the prosecution and the defense,

0:17.9

and if one army has all of the weaponry and the other has none whatsoever, it's not going to be a very fair fight.

0:29.0

Hi, and welcome to Amicus, Slate's podcast about the Supreme Court and the courts and the law.

0:38.4

I'm Dolly Lithwick and I cover that stuff for Slate.

0:43.3

Another week, another round of nasty remarks from President Donald Trump about another federal judge.

0:49.7

The president's latest volley was directed at a district court judge in California, who at least

0:55.8

temporarily blocked the White House from withholding federal funds from so-called sanctuary

1:01.3

cities. And later on in today's show, we're going to try to catch up with our old new friend

1:07.4

the Constitution's emoluments clause. But first, this week, mark the end of oral arguments

1:13.0

for the time being, at least at the U.S. Supreme Court. The justices heard their last case of the

1:18.6

term on Wednesday, and decisions will come in June. The case we want to talk about today was heard

1:25.0

on Monday, and it tries to set a legal standard for what kind of expert psychiatric assistance an indigent defendant should be given at his trial.

1:34.4

Oddly enough, that's the exact same question that the state of Arkansas is trying to figure out, and the reason they actually stayed some executions last week.

1:44.0

The case as it came to the Supreme Court is called McWilliams v. Dunn.

1:48.6

This case actually dates back to a 1984 capital conviction of James McWilliams,

1:53.4

who raped and murdered Patricia Reynolds during a robbery at the Tuscaloosa, Alabama convenience store where she worked.

2:02.6

McWilliams claims he was entitled to a psychological expert who could have helped him prove his mental illness, the state of

2:07.5

Alabama, and several federal appeals courts claim, no, he was only entitled to a neutral

2:13.0

expert. Stephen Bright, who's been working on death penalty litigation at the Southern

2:17.5

Center for Human Rights since 1982, represented Mr. McWilliams at oral argument at the court.

...

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