Slate News Amicus With Dahlia Lithwick | Law, justice, and the courts - Racism’s Over and Seashells Can Be Deadly
8 snips
May 2, 2026 
Madiba Dennie, author and legal analyst on originalism, and Barbara McQuade, former U.S. Attorney and DOJ expert, join Dahlia. They unpack a provocative indictment over an Instagram seashell post and why it likely fails legal true-threat tests. They also dissect a major Supreme Court ruling that weakens Section 2 voting protections and examine the political uses of DOJ power.
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Seashells Case Likely Fails The True Threat Test
- Counterman v. Colorado sets a high mens rea standard: a true threat requires at least recklessness and a serious expression of intent to inflict unlawful violence.
- Barbara McQuade argues Jim Comey's 8647 seashell Instagram post, his immediate apology, and context make proving recklessness to a jury implausible.
Selective Prosecution Argument Is Strong In 8647 Case
- Selective prosecution is a potent defense when similarly situated people using 8647 imagery haven't been charged.
- McQuade cites examples like Jack Posobiec's 8646 and mass merch on Amazon to show unequal enforcement.
Blanche Wins Politically By Prosecuting Poor Cases
- Todd Blanche combines federal prosecutorial skill with political ruthlessness, willing to bring weak cases because "you can win by losing."
- McQuade warns Blanche files charges to show loyalty to Trump and energize his base even if cases fail.
