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The whistleblowers, who called upon the Attorney General and the solicitor General to tell the truth,

and who had plainly said in their memos that were about to tell lies to the US Supreme Court, they were rebuffed and they kept their mouth shut.

The government has enormous amount of leverage and enormous amount of power, has monopoly on the information if anything underscores the duty of the court to serve as a check, to make sure that the civil liberties, the civil rights, and the constitutional rights of the citizenry are protected, and that the government is being forthright and that the playing field is level.

You didn't do so in this case.

Hi and welcome back to Amicus. This is Slates podcast about the Supreme Court and the courts and the law and the rule of law.

I'm Dalia Lithuick, I cover a whole bunch of those things for Slate, and on this, the first show of 2021, we are going to actually take a moment to look back to like a long way back to World War II and the Japanese internment, and one of the most shocking stories of corruption of the Constitution and corruption of the judicial process all the way up to the Supreme Court in US history.

And my urge to revisit this chapter of history was actually sparked by a film that I watched in the summer of 2020.

The documentary was called Alternative Facts, the Lies of Executive Order 9066, and it's actually about the factual basis, the underpinning for the Japanese internment during World War II, and all the ways in which just completely fake facts, known fake facts,

became not just a part of the litigation record in Kormatsu and related cases all the way up to the Supreme Court, but actually then became a part of Supreme Court doctrine itself.

I decided to just replicate an incredible panel I did this past summer for the American Constitution Society's Ohio branch.

And on the panel, we talked not just about the movie and about that history, the largely lost history, but all the ways in which it still echoes and resonates today.

First, just a quick heads up to our Slate Plus members who are no doubt longing for their fix from Mark Joseph Stern, Mark will be back in two weeks for our regular segment, breaking down all the latest from the Supreme Court and the Federal Courts.

If you are not a Slate Plus member, you should know that membership gets you access to bonus content from all of your favorite shows and Slate's network, including this show.

No ads in any of our shows and you will never hit a paywall on Slate.com.

Most important, you would be supporting the journalism that we do here at the magazine and we so appreciate it.

So you can always join us at Slate.com slash Amicus Plus back to our discussion of the Japanese internment and the ways in which the history of that time is lost to us and how correcting the record, even all these decades later, teaches us so much about our current moment and about truth and reconciliation and winding our way back to what is real.

I am so honored to welcome to this podcast my two compatriots for that panel we did.

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