Amicus With Dahlia Lithwick | Law, justice, and the courts - Time to Impeach Trump Again?

This episode of Amicus explores the constitutional and political crisis surrounding President Donald Trump's increasingly alarming rhetoric, particularly his nuclear threats during Easter Sunday and subsequent days, which have reignited fears about presidential fitness and accountability. Dahlia Lithwick, host, frames the discussion around two central questions: why the U.S. Constitution lacks effective mechanisms to remove a dangerously unfit president, and whether the political will exists to use existing tools like impeachment and the 25th Amendment. She interviews two leading experts: Congressman Jamie Raskin, who emphasizes the urgency of establishing a permanent, bipartisan commission on presidential fitness and argues that the 25th Amendment’s Section 4—though never used—remains a viable, if politically fraught, option. Raskin stresses that Congress’s inaction stems not from incapacity but from fear and tribal loyalty, undermining the framers’ vision of a robust, counterbalancing legislature. Professor Michael Gerhardt, a leading impeachment scholar, counters the notion that impeachment is futile, arguing that even failed attempts create an indelible historical record that undermines a president’s legitimacy and deters future abuses. He warns that the erosion of cultural respect for the rule of law and the capture of all three branches by a single party have rendered traditional checks ineffective, making public vigilance and cultural resistance essential. The episode concludes with a sobering assessment: while constitutional mechanisms are not broken, they are being rendered inert by political cowardice and systemic decay. Key takeaways include: 1) The 25th Amendment’s Section 4 is a viable but underutilized tool for addressing presidential incapacity, especially if a permanent fitness commission is established; 2) Impeachment, even without removal, serves as a powerful historical and moral check by creating an indelible record of misconduct; 3) The real crisis is not the lack of legal tools, but the collapse of political courage and institutional independence; 4) Cultural tolerance for lawlessness and corruption enables authoritarian behavior, making civic engagement and moral clarity essential; 5) Voting remains critical, but must be paired with active defense of electoral integrity against suppression and subversion; 6) Fear and loyalty are not just personal failings but systemic failures that must be confronted; 7) The framers anticipated tyranny but not the modern political party system’s ability to neutralize checks and balances; 8) The fight is not just legal—it’s cultural, and every act of resistance, including public discourse, matters.