Ep 150. Why can’t the US justice system hold the powerful to account?

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In institutional design, the US justice system is more independent than its European counterparts. Even though the US President selects his Attorney General, a corrupt President can be dealt with not only via impeachment, but in Principal through independent special counsels pursing justice while avoiding potential conflicts of interest. And yet… from Hillary’s emails to Trump’s possible collusion with Russia and promotion of an insurrection, the Special Prosecutor system hasn't worked as it should. And now despite all those checks and balances, we have a weaponized justice, with a more political DOJ under Pam Bondi being used to pursue revenge against Trump’s enemies.

How did we get to here? Why can’t the American system – designed with the most checks and balances -- work to hold power to account?

To find out, Jason is joined this week by Elie Honig, senior legal analyst for CNN and author of When You Come at the King: Inside DOJ's Pursuit of the President, from Nixon to Trump. This episode is brought to you in partnership with the New Books Network. They discuss the legal details of Watergate, Hillary Clinton’s emailgate, the Mueller investigation, and Jan 6. As they order the disorder, Elie and Jason consider whether and how the system can be reformed, and the importance of courage and integrity within the justice system.

Producer: George McDonagh

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Show Notes Links:

Join the Mega Orderers Club via this link: ⁠https://disorder.supportingcast.fm/⁠

For more on our New Books Network partnership visit ⁠https://newbooksnetwork.com/category/up-partners/disorder⁠

Buy When You Come at the King: Inside DOJ's Pursuit of the President, from Nixon to Trump by Elie Honig ⁠https://www.amazon.co.uk/When-You-Come-King-President/dp/0063447363⁠

Read Why The Supreme Court Might Strike Down Trumps Tariffs ⁠https://nymag.com/intelligencer/article/why-the-supreme-court-might-strike-down-trumps-tariffs.html⁠

Read The John Bolton Indictment Is Different ⁠https://www.msn.com/en-us/news/opinion/the-john-bolton-indictment-is-different/ar-AA1OESRh?apiversion=v2&domshim=1&noservercache=1&noservertelemetry=1&batchservertelemetry=1&renderwebcomponents=1&wcseo=1⁠

Watch Elie Honig on the Lincoln Project ⁠https://www.youtube.com/watch?v=vSEytVs2Er4⁠

Read a review of Elie’s book at ⁠https://www.kirkusreviews.com/book-reviews/elie-honig/when-you-come-at-the-king/⁠

Another take on Elie’s book ⁠https://historynerdsunited.com/2025/09/when-you-come-at-the-king-by-elie-honig-book-review/⁠ Learn more about your ad choices. Visit megaphone.fm/adchoices