Racism’s Over and Seashells Can Be Deadly

Racism’s Over and Seashells Can Be Deadly

From Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

May 2, 2026 · 1h 3m

About this episode

Dahlia Lithwick discusses recent legal challenges to American democracy with guests Barbara McQuade and Madiba Dennie.

Dahlia Lithwick reviews what has been an “exceptionally bad week” for American democracy. Former U.S. Attorney Barbara McQuade explains why the charges against former FBI director James Comey, rooted in the claim that he threatened to kill President Trump – via the medium of seashells on Instagram – are unlikely to stick, no matter how hard Trump’s Acting (and actively auditioning) Attorney General Todd Blanche tries. A deleted insta post from a beach in North Carolina is just not going to meet the Supreme Court’s true-threat standard as laid out in Counterman v Colorado .  But actually, landing a conviction is not the point, McQuade says –– Blanche has learned from Trump’s longstanding legal playbook that he can always win by losing. And that’s why she is also closely watching the DOJ’s indictment of the Southern Poverty Law Center under a dubious fraud theory, warning that Blanche is both more skilled and more ruthless in using prosecutions for political ends, with few accountability mechanisms beyond potential disbarment. McQuade’s new book, The Fix: Saving America from the Corruption of a Mob-Style Government is available for pre-order now.  Next, Dahlia discusses…

People in this episode

Host: Dahlia Lithwick

Guests: Barbara McQuade, Madiba Dennie

Topics covered

  • American democracy
  • legal challenges
  • Voting Rights Act
  • political prosecutions
  • Supreme Court decisions

Keywords

  • James Comey
  • Trump
  • seashells
  • DOJ indictment
  • racial disenfranchisement
  • political ends

Mentioned in this episode

Organizations: Southern Poverty Law Center, Supreme Court

Books & works: The Fix: Saving America from the Corruption of a Mob-Style Government

More episodes of Amicus With Dahlia Lithwick | Law, justice, and the courts

Explore listener stats, chart rankings, contacts and more on the Amicus With Dahlia Lithwick | Law, justice, and the courts podcast page.