CAFE Insider

CAFE Insiders can enjoy this recording of Preet reading his note, "The last analysis is, what has man done?" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "No Verdict Is Certain," and read his note in your inbox every Friday.

In this bonus from Stay Tuned, Boston College Professor of History Heather Cox Richardson talks about where she gets her news and whether historians should run for office.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALS:Heather Cox Richardson, Letter from an American on Marines banning Confederate flag, Substack, 6/5/2020Jenny Gross, “U.S. Marine Corps Issues Ban on Confederate Battle Flags,” New York Times, 6/6/2020Josh Marshall Profile, Talking Points Memo

In this episode of CAFE Insider, “Policing in Crisis,” Preet and Anne discuss the new charges against the police officers involved in the killing of George Floyd, the recent calls for “defunding” the police and other attempts at reform, and more. We hope you’re finding CAFE Insider informative. Email us at [email protected] with your suggestions and questions for Preet and Anne. References and Supplemental Materials at CAFE.com

CAFE Insiders can enjoy this recording of Preet reading his note, "Words That Have Touched Me" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "Trump's Legal Fantasyland," and read his note in your inbox every Friday.

In this episode of CAFE Insider, “George Floyd & America in Turmoil,” Preet and Anne discuss the police killing of George Floyd in Minneapolis, the legal and policy dimensions of the case, and the protests breaking out in cities across the country. We hope you’re finding CAFE Insider informative. Email us at [email protected] with your suggestions and questions for Preet and Anne. References and Supplemental Materials at CAFE.com

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "History, Not the Jury, Will Render the Verdict," and read his note in your inbox every Friday.

CAFE Insiders can enjoy this recording of Preet reading his note, "Will Our Relationships Be The Same?" and read his note in the CAFE Insider Newsletter every Thursday.

In this bonus from Stay Tuned, Manhattan District Attorney Cyrus Vance Jr. reflects on the life and legacy of his late father, Secretary of State Cyrus Vance.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSMarilyn Berger, "Cyrus R. Vance, a Confidant Of Presidents, Is Dead at 84," New York Times, 1/13/2002Don Oberdorfer, "Vance Quits, Opposed Hostage Rescue Try," Washington Post, 4/28/1980

In this episode of CAFE Insider, "Meet the Fokker Case” Preet and Anne break down the politically-charged legal news making the headlines, including:-- President Trump’s tweets promoting a conspiracy theory tying former Congressman and current media personality Joe Scarborough to the tragic death of his 28-year-old congressional staffer in 2001. -- The President’s attacks on the integrity of absentee voting, falsely accusing election officials in Michigan and Nevada of breaking the law, and threatening to withhold federal grants to those states.-- The latest developments in the highly unusual Michael Flynn case, including the DC Circuit Court of Appeals ordering District Judge Emmet Sullivan to explain his decision to appoint an amicus curiae to argue against the DOJ’s motion to dismiss the case and the FBI Director Chris Wray’s announcement that the bureau is opening an internal review of the investigation. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Please find the References and Supplemental Materials on the CAFE Website.

CAFE Insiders can enjoy this recording of Preet reading his note, "Trump's 'Ploybook,'" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "Why Prosecutorial Experience Matters," and read his note in your inbox every Friday.

In this bonus from Stay Tuned, Zanny Minton Beddoes offers advice for young people currently entering the workplace, reflects on her experience in boarding school, and tells Preet where she gets her news.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSKate McCann, “Theresa May admits 'running through fields of wheat' is the naughtiest thing she ever did,” The Telegraph, 6/5/2017

In this episode of CAFE Insider, “IGs, Unmaskings & Insider Trading,” Preet and Anne break down the politically-charged legal news making the headlines, including:-- President Trump’s firing of State Department Inspector General Steve Linick amid a reported investigation into Secretary of State Mike Pompeo.-- The appointment of former federal judge and prosecutor John Gleeson to argue against the DOJ’s motion to dismiss the Michael Flynn case and explore the possibility of holding Flynn in criminal contempt for perjury. -- Trump’s recent accusations that Obama administration officials improperly revealed Flynn’s identity in classified intelligence reports during the presidential transition.-- The FBI’s insider trading investigation into Senator Richard Burr whose phone was seized pursuant to a search warrant.  We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Please find the References and Supplemental Materials on the CAFE Website.

CAFE Insiders can enjoy this recording of Preet reading his note, “The Fallacy That A Critic Is Endowed With The Skill To Fix That Which Is Ably Criticized,” and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "A Bone To Pick With Trump’s Dubious Legal Arguments," and read his note in your inbox every Friday.

In this bonus from Stay Tuned, George Packer talks about the legacy of novelist Robert Stone.Thank you for being a member of the CAFE Insider community.For supplemental materials, head to: https://cafe.com/insider-podcast/stay-tuned-bonus-5-14-george-packer/

In this special episode of the CAFE Insider podcast, "Water Under the Bridgegate," Preet and Anne break down the politically-charged legal news making the headlines, including:The fallout from Attorney General Bill Barr’s decision to dismiss the DOJ’s case against Michael Flynn — and whether Flynn’s supporters have reason to be upset with the FBI’s handling of his investigation. The Supreme Court’s unanimous decision in Kelly v. United States to overturn the fraud convictions of two members of former New Jersey Governor Chris Christie’s administration — and the implications of that decision on the future of public corruption prosecutions. The case surrounding the killing of Ahmaud Arbery, a 25-year-old unarmed black man who was shot to death by a white father and son while on a run in suburban Georgia. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. References and Supplemental materials below. REFERENCES & SUPPLEMENTAL MATERIALSFLYNN Friday’s special episode of CAFE Insider on the DOJ’s decision to dismiss the case against Michael FlynnThe Department of Justice’s Motion to Dismiss the case against Michael FlynnDepartment of Justice alumni statement calling for Barr’s resignation, 5/11/20Unsealed documents relating to FBI’s Flynn investigation, 4/29/2018 U.S. Code § 1001, the statute which makes it a felony to lie about a matter within the jurisdiction of the executive, legislative, or judicial branchStandard for “materiality” under 18 U.S.C. § 1001The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments Foreign Agents Registration Act (FARA), which requires lobbyists for foreign governments to make public disclosures The Attorney General’s Guidelines for Domestic FBI Operations“The Justice Department’s Faulty Arguments in the Flynn Case,” Robert Litt, Lawfare, 4/8/20“Bill Barr Twisted My Words in Dropping the Flynn Case. Here’s the Truth,” Mary McCord, New York Times, 5/10/20“The Long List of People Who Thought Flynn’s Lies Were Material,” Chuck Rosenberg, Washington Post, 5/10/20“Flynn and the Anatomy of a Political Narrative,” Andrew McCarthy, National Review, 5/9/20Trump campaign manager Brad Parscale’s statement on the DOJ’s decision to drop the case, 5/7/20BRIDGEGATEKelly v. United States (2020), the unanimous Supreme Court decision overturning the convictions of former NJ Governor Chris Christie’s associates for their roles in BridgegateMcDonnell v. United States (2015), Supreme Court precedent which narrowed the legal definition of public corruption Skilling v. United States (2009), the Supreme Court case concerning the Enron scandal which significantly curtailed the scope of the “honest services” fraud statute 18 U.S. Code § 1343, Fraud by wire, radio, or television18 U.S. Code § 666, Theft or bribery concerning programs receiving Federal funds18 U.S. Code § 241, Conspiracy against rightsDoing Justice, Preet’s book, in which he discusses prosecuting bad behavior under imperfect statutes President Trump’s tweet congratulating Chris Christie on the Kelly decision, 5/7/20AHMAUD ARBERY KILLING The disturbing video showing Greg and Travis McMichael fatally shooting Ahmaud Arbery [Violent content]Video showing Arbery inside a construction site shortly before his murder Waycross District Attorney Greg Barnhill’s letter of recusal, in which he recommended that charges be dropped due to “insufficient probable cause,” 4/3/20THE WRAPThe mysterious toilet flushing during Supreme Court oral arguments livestream, 5/7/20“Investigation: I Think I Know Which Justice Flushed,” Ashley Feinberg, Slate, 5/12/20

In this special episode of the CAFE Insider podcast, "Barr Spins, Flynn Wins," Preet and Anne dissect the Justice Department’s rationale for moving to dismiss the case against former National Security Adviser Michael Flynn and the implications of this move on the rule of law.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. References and Supplemental materials below. REFERENCES & SUPPLEMENTAL MATERIALSThe Department of Justice’s Motion to Dismiss the case against Michael Flynn18 U.S.C. 1001 (false statements) & definition of “materiality”Rule 48(a) in the Rules of Criminal Procedure: DismissalBill Barr Interview, CBS News, 5/7/20Preet’s Rosa Parks Tweet, 5/7/20

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "A DOJ Bailout For Michael Flynn," and read his note in your inbox every Friday. 

CAFE Insiders can enjoy this recording of Preet reading his note, “56 Days Later, A Creeping Sense of Squandered Time,” and read his note in the CAFE Insider Newsletter every Thursday.

In this bonus from Stay Tuned, Sam Harris talks about the plusses and pitfalls of interior monologues.Thank you for being a member of the CAFE Insider community.

In this episode of CAFE Insider, “The Return of Flynn & McGahn," Preet and Anne break down the the politically-charged legal issues making the headlines, including:Whether the recently unsealed documents in the ongoing case involving former National Security Adviser Michael Flynn show that he was entrapped and otherwise mistreated by the FBI, as argued by his supporters.Whether the fight between the executive and legislative branches over compelling testimony from former White House Counsel Don McGahn can be constitutionally resolved by the judiciary branch. Whether it is lawful for protestestors objecting to the lockdown restrictions in Michigan to descend on the State Capitol with loaded rifles and bullet-proof vests. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. References and Supplemental materials below. REFERENCES & SUPPLEMENTAL MATERIALSSTAY TUNED WEBBY NOMINATIONStay Tuned Webby's nomination for Best Podcast on News & Politics MICHAEL FLYNN18 U.S. Code § 1001, the statute which makes it a felony to lie about a matter within the jurisdiction of the executive, legislative, or judicial branchUnsealed documents relating to FBI’s Flynn investigation, 4/29/20Flynn’s motion to dismiss the case, based on the recently unsealed documents, 4/24/20Flynn’s motion to withdraw his guilty plea, 1/29/20Flynn’s apology and admission of guilt, 12/1/17The information of initial false statements charge to which Flynn pled guilty, 11/30/17Timeline of Flynn’s relationship with Russia, FactCheck.org“Flynn Redux: What Those FBI Documents Really Show,” Lawfare, 5/1/20The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments Foreign Agents Registration Act (FARA), which requires that lobbyists for foreign governments make public disclosures CLIP: Flynn leads “Lock her up!” chant at 2016 RNC, CNNCLIP: Comey discusses FBI Hillary Clinton investigation with George Stephanopoulos, 4/18/18CLIP: Pence says Flynn made “inaccurate” statements, 2/20/17CLIP: Trump floats rehiring Flynn, 4/30/20CLIP: WH Press Sec. Kayleigh McEnany defends Flynn, 5/1/20DON MCGAHN ORAL ARGUMENTS: Judiciary Committee v. Don McGahn, D.C. Circuit Court of Appeals, En Banc, 4/28/20Decision (2-1) by a three-judge D.C. Circuit panel dismissing the House Judiciary Committees’ lawsuit to enforce its subpoena of Don McGahn, 2/28/20House Judiciary Committee’s supplemental brief, submitted before the en banc rehearing of the case, 4/16/20McGahn’s supplemental brief, submitted before the en banc rehearing, 3/30/20Trump v. Mazars, the case now before the Supreme Court concerning the House’s subpoena of Mazars USA, President Trump’s accounting firm“The Supreme Court Confronts Trump’s Challenge to the Separation of Powers,” New Yorker, 5/2/20MICHIGAN PROTESTSMichigan State Police training manual on open carry rules MCL 750.234d of Michigan State Penal Code, which outlines premises where open carry is unlawful“Gov. Whitmer: Protestors ‘carried nooses and Confederate flags and swastikas,” NBC News, 5/5/20 “Because of Michigan’s gun laws, protestors were allowed to carry their assault rifles in state capitol — but not their protest signs,” Business Insider, 5/1/20THE WRAP:Podcast: Two Whats and a Wow

In this bonus material from the special national security focused episode, “The New Threat Matrix,” co-hosts Lisa Monaco and Ken Wainstein discuss the latest news on FISA and the historical context that helps us make sense of the recent Inspector General reports. They also share their views on the recent firing of Intelligence Community Inspector General Michael Atkinson and what that means for U.S. national security.  Both Lisa and Ken have served at the highest levels of government -- at the Justice Department and as presidential advisors on matters of homeland security and counterterrorism. Lisa served under President Barack Obama, and Ken under President George W. Bush. They also both served as Chief of Staff to then-FBI Director Robert Mueller.Host biosLisa Monaco, O’MelvenyKen Wainstein, Davis PolkThe ArchiveLisa & Ken’s first podcast conversation: Stay Tuned National Security Special, 2/4/20Special episode of CAFE Insider, featuring Lisa Monaco: Extraordinary Times, 3/17/20Lisa Monaco joined Preet on Stay Tuned to help answer listener questions, 6/21/18Lisa Monaco shares the story of her career in her first appearance on Stay Tuned: Behind Closed Doors: Advising Obama & Mueller, 9/28/17FISAForeign Intelligence Surveillance Act documents, fas.org“Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation,” Office of the Inspector General, U.S. Department of Justice, 12/9/2019“Management Advisory Memorandum for the Director of the Federal Bureau of Investigation Regarding the Execution of Woods Procedures for Applications Filed with the Foreign Intelligence Surveillance Court Relating to U.S. Persons,” Office of the Inspector General, U.S. Department of Justice, 3/30/2020Michael Atkinson“Inspector General Fired by Trump Urges Whistle-Blowers ‘to Bravely Speak Up,’” The New York Times, 4/6/20Sen. Mark Warner, “The national security cost of Trump’s politicization of U.S. intelligence,” The Washington Post, 4/20/20Write to us with your thoughts and questions at [email protected]

CAFE Insiders can enjoy this recording of Preet reading his note, "We Are One Country, One People, But McConnell Begs to Differ" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "The “5:00 p.m. Coronavirus Task Force Briefing” Misnomer," and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Steve Vladeck discusses the Trump administration's use of American "soft power" and the online fame of his pug, RoxannaThank you for being a member of the CAFE Insider community. REFRENCES AND SUPPLEMENTAL MATERIALJulian E. Barnes, “U.S. May Share Less Intelligence With Countries That Criminalize Homosexuality,” New York Times, 4/22/2020Roxanna the Pug, Instagram

In this episode of CAFE Insider, “Legal Gambits,” Preet and Anne break down politically-charged legal issues and developments, including:The President’s executive order on immigration and the rationale for it. The removal of Dr. Rick Bright from his post as director of the Biomedical Advanced Research and Development Authority (BARDA) and his allegation that he was replaced because of his opposition to hydroxychloroquine and chloroquine, “potentially dangerous drugs promoted by those with political connections.”The lawsuit brought by Missouri against the Chinese government over COVID-19, and legislation introduced by Republicans in Congress which would allow lawsuits against foreign governments. Senate Majority Leader Mitch McConnell’s recent comments suggesting that the federal government should allow blue states to go bankrupt before bailing them out.The Supreme Court’s decision in Ramos v. Louisiana, which overturned a 1972 ruling allowing non-unanimous verdicts for criminal convictions, in the process raising questions about the status of several other precedents, including Roe v. Wade.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSIMMIGRATION ORDERExecutive order limiting immigration in response to COVID-19, 4/22/20Trump tweet announcing executive order suspending immigration, 4/20/20“Trump’s temporary plan to halt immigration is part of a broader strategy, Stephen Miller says,” New York Times, 4/24/20RICK BRIGHT REMOVALRick Bright’s statement on his removal from BARDA position, 4/22/20Rep. Frank Pallone’s letter to HHS Inspector General calling for investigation of Bright matter, 4/23/20“House to examine ouster of health official who doubted drugs Trump pushed,” New York Times, 4/23/20“Ousting vaccine chief is going to ‘set us back,’ former FDA head says,” Politico, 4/26/20 “Vaccine expert from HHS to file whistleblower complaint,” CBS News, 4/24/20SUING CHINA Missouri AG’s complaint filed in Eastern District of Missouri, 4/21/20Foreign Sovereign Immunities Act (FSIA) of 1976, the law granting foreign states immunity28 U.S. Code § 1605, the statute outlining the exceptions to the immunity of a foreign stateJustice Against Sponsors of Terrorism Act (JASTA), the law carving out an exception in FSIA for lawsuits against states who have sponsored terrorism “Suing China over coronavirus won’t help. Here’s what will work,” John Bellinger, Washington Post op-ed, 4/23/20“Congress hands Obama first veto override,” Politico, 9/28/16MCCONNELL STATE BANKRUPTCY COMMENTSClip: Mitch McConnell expresses support for allowing states to go bankrupt, Hugh Hewitt radio show, 4/22/20“McConnell takes flak after suggesting bankruptcy for states rather than bailouts,” Washington Post, 4/23/20SUPREME COURT Ramos v. Louisiana, the decision banning non-unanimous jury verdicts in criminal cases“Why a case about jury verdicts could spell trouble for Roe v. Wade,” Ruth Marcus, Washington Post op-ed, 4/24/20NY Rifle & Pistol Assoc. v. NYC, the decision on a now moot challenge to a NYC rule regarding the transport of firearms The Sixth Amendment of the United States ConstitutionLAUGHING CHALLENGE“Centuries-old law against cursing in public repealed by Virginia legislators,” NPR, 2/19/20

Please enjoy this recording of Preet reading his note, "The Absurd Analogy Championship" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "“Essential Services” — A Reflection of Who We Are" and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Michael Waldman discusses his favorite constitutional amendment, what Supreme Court case he’d overturn, and Joe Biden’s oratory abilities.  Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALS14th Amendment, National Constitution Center Buckley v. Valeo, Oyez (1976)

In this episode of CAFE Insider, “Rolling with Pandemic Punches,” Preet and Anne break down politically-charged legal issues and developments, including:— President Trump’s threat to force Congress to adjourn so that he can bypass the Senate confirmation process for judicial nominees, a process known as “recess appointments.”— An update on members of Trump’s inner circle, including Michael Cohen, Roger Stone, and Paul Manafort, the possibility that the president might pardon them, and the Justice Department’s compassionate release policy. — The Supreme Court’s decision to livestream oral arguments for the first time in its history due to coronavirus, and the high-profile cases that the public will now be able to hear, including those involving Trump’s taxes.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSIMMIGRATION ORDERTrump tweet announcing executive order suspending immigration, 4/20/20“‘Liberate’: Trump tweets support of protests against stay-at-home orders,” Washington Post, 4/17/20 RECESS APPOINTMENTS“CLIP: Trump threatens to adjourn Congress, CNN, 4/15/20Article II Sec. 2 of the Constitution, the “Appointments Clause”Article II Sec. 3 of the Constitution, the “Adjournment Clause” JUDGESStatistics on Trump’s record pace of judicial confirmationsCLIP: Trump says leaving officials in acting capacity gives him “flexibility,” 4/15/19“Senate hits pause on confirming Trump judges,” Politico, 4/13/20“Judge Justin Walker is a window into McConnell’s sway over federal courts,” Roll Call, 4/17/20REMOTE CONGRESSIONAL VOTINGHouse Rules Committee report outlining the issues with remote voting, 3/26/20“House Democrats Back Changing Rules to Allow Remote Voting During Pandemic,” New York Times, 4/16/20TRUMP’S INNER CIRCLE  Judge Amy Berman Jackson’s decision denying Stone’s motion for retrial, 4/16/20CLIP: Trump addresses pardoning Stone, Manafort, Flynn “Michael Cohen is among prisoners to be released early because of virus,” New York Times, 4/17/20COVID IMPACT ON PRISONS Bureau of Prisons Compassionate Release proceduresBarr BOP memo encouraging home confinement, 3/26/20BOP coronavirus statistics, 4/21/20SUPREME COURT LIVE STREAM“Oral arguments to be streamed live for first time ever,” CNN, 4/13/20“The Supreme Court Should Never Go Back to its Pre-coronavirus ways,” Melissa Murray Atlantic piece, 4/15/20“Supreme Court sets May 12th argument date for case on Trump’s financial records,” Bloomberg Law, 4/15/20LAUGHING CHALLENGEJudge Dennis Bailey’s letter regarding appropriate Zoom courtroom attire, 4/14/20

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "Bill Barr’s ‘Injustice’ Manual" and read his note in your inbox every Friday. 

Please enjoy this recording of Preet reading his note, "Working Hard To Beat His Personal Worst" and read his note in the CAFE Insider Newsletter every Thursday.

In this bonus from Stay Tuned, Wes Moore discusses mentorship and how his past professional experiences influence his current work. Then, David Lat recounts his experience after extubation, and whether a president has total authority. Thank you for being a member of the CAFE Insider community. 

In this episode of CAFE Insider, “COVID Aftershocks,” Preet and Anne break down all the latest politically-charged legal issues and developments, including:— The formation of a White House “Council to Re-Open America,” and President Trump’s false assertion that “when somebody is the President, authority is total.”— Concerns about the upcoming November election and the legal and political dynamics surrounding the push to vote-by-mail. — The surprising constitutional questions around presidential succession in the U.S., as leaders around the world are falling ill with the coronavirus. — Attorney General Bill Barr’s recent interview in which he said the media was “on a jihad” to discredit President Trump, and the DOJ’s intention to take action to protect religious freedom. — The news that Apple and Google are teaming up to create “contact tracing” tools to help track and prevent the spread of the virus, and the privacy issues that arise from this kind of surveillance. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSWHITE HOUSE COVID-19 RESPONSE: 10th Amendment of the U.S ConstitutionClip: Trump says presidential authority is “total,” CNN, 4/13/20Clip: Larry Kudlow says investors should “think about buying during these dips,” CNBC, 3/6/20“Wilbur Ross’s prediction about the coronavirus bringing back jobs was wrong,” Vox, 4/2/20“Trump’s grand reopening council triggers slew of new questions,” Politico, 4/13/20VOTE-BY-MAILTrump tweet criticizing vote-by-mail, 4/8/20Brennan Center vote-by-mail explainer, 4/8/20 “Voting by mail and the race between Biden and Trump,” The Atlantic, 4/11/20PRESIDENTIAL SUCCESSION 25th Amendment of the U.S. Constitution Presidential Succession Act of 1947, 3 U.S. Code § 19Presidential Succession Act of 1792Presidential Succession Act of 1886Congressional Research Service report on presidential succession, 6/29/05Continuity of Government Commission succession report, 6/1/09Jack Goldsmith, “A Presidential Succession Nightmare,”  Lawfare, 3/25/20BARR & RELIGIOUS FREEDOMFree Exercise Clause of the 1st Amendment AG Barr’s Fox News interview with Laura Ingraham, 4/8/20DOJ spokesperson tweeting “expect action” on religious freedom, 4/11/20Employment Division of Oregon v. Smith (1990), decision establishing rational basis test for religious freedom cases “William Barr’s Wild Misreading of the First Amendment,” Jeffrey Toobin, The New Yorker, 10/17/19“States Consider Whether Religious Services Qualify as ‘Essential,’” NPR, 4/1/20CONTACT TRACINGApple’s official announcement of Google partnership on contact tracing, 4/10/20Andy Slavitt tweet thanking Google and Apple, 4/10/20“The biggest questions about Apple and Google’s new coronavirus tracker,” The Verge, 4/11/20

Please enjoy this recording of Preet reading his note, "The Pandemic — A Story of Injustice and Inequity" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "A New Low in the Distracted-Nation News Dump" and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Peter Baker discusses “Trump-free zones” at home, what he’s reading, Trump’s insistence on referring to the 1918 flu as the “1917” flu, and the next book he’s working on with his wife, Susan Glasser.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSCurb Your Enthusiasm, HBO Silicon Valley, HBOThe Durrells in Corfu, Amazon Prime Video Ron Chernow, Washington: A Life, Penguin Random House (2011)Tweet of Trump talking about the 1917 (actually 1918) flu pandemicPeter Baker & Susan Glasser, The Man Who Ran Washington: The Life and Times of James A. Baker III, Penguin Random House (2020)

In this special episode of CAFE Insider, “The Oversight Wars,” Preet and Anne are joined by Neil Barofsky, who served as the Special Inspector General for TARP, the chief watchdog in charge of policing the 2008 Wall Street bailout. Drawing on Neil’s experience overseeing the last massive government stimulus package, Preet and Anne break down all the latest issues and developments, including:— The challenges inherent in the oversight system outlined in the stimulus law, and the incredible amount of power in the hands of Treasury Secretary Steve Mnuchin.— Trump’s decision to appoint Brian Miller, one of his own White House lawyers, to the position of Inspector General for Pandemic Relief, and the importance of having independent-minded, qualified lawyers in oversight roles. — The news that Trump has fired Michael Atkinson, the Inspector General for the Intelligence Community, ostensibly as payback for his role in bringing to light the whistleblower complaint that ultimately led to the President’s impeachment. Preet and Anne also break down the latest politically-charged legal news, including:— The disturbing new report from the DOJ Inspector General Michael Horowitz exposing widespread problems with the FISA warrant application process.— The legal battle over voting in Wisconsin, the Supreme Court’s last-minute decision mandating that they move forward with the election, and the implications for the upcoming November election. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSNEIL BAROFKSY BIO: Neil Barofsky Jenner & Block profile“Bad Banks, Big Bailouts and Bruises,” New York Times, 7/24/12“Neil Barofsky’s Journey into a Bailout Buzzsaw,” New York Times, 7/21/12COVID-19 UPDATE“Americans warned of ‘Pearl Harbor moment’ as Trump tells parts of nation to brace for “peak,” Washington Post, 4/5/20“Trump administration orders 167m face masks from 3M for Coronavirus Pandemic,” Wall Street Journal, 4/6/20“Fauci says we may never get ‘back to normal’ after pandemic,” CNBC, 4/6/20STIMULUS OVERSIGHT CARES Act, Congress.govCLIP: Trump says “I’ll be the oversight,” C-SPAN, 3/23/20“How Congress will keep an eye on $2 trillion in stimulus money,” Politico, 4/1/20“Trump says he won’t comply with key transparency measures in stimulus bill,” Vox, 3/28/20“Trump nominates White House lawyer to oversee coronavirus business loans,” Wall Street Journal, 4/4/20“Warren appointed to Congressional Panel Overseeing Treasury’s Economic Bailout Plan,” Harvard, 11/21/08ATKINSON FIRING Trump letter to House and Senate Intel chairs announcing firing of Atkinson, 4/3/20“Congress flummoxed by firing of top Intel Watchdog,” Politico, 4/6/20Susan Collins’ statement calling Atkinson’s removal “not warranted,” 4/3/20“Michael Atkinson, fired by Trump, encourages whistleblowers to ‘bravely speak up,’” New York Times, 4/6/20“The Obama White House fires a Watchdog,” Wall Street Journal, 6/17/09GLENN FINE REMOVAL “Trump removes inspector general who was to oversee $2 trillion stimulus spending,” Washington Post, 4/7/20“Trump removes independent watchdog, upending oversight panel,” Politico, 4/7/20VIDEO: “I Love Lucy” Candy factory episodeFISADOJ IG Michael Horowitz’ report on FISA abuses, 3/30/20“The Inspector General’s Disturbing FISA memo,” Lawfare, 3/31/20WISCONSIN ELECTIONThe Republican National Committee v. The Democratic National Committee (2020), the Supreme Court’s 4/6/20 decision on absentee voting in Wisconsin amid coronavirus pandemic“Wisconsin Set to Vote on Tuesday after Court Overrules Governor’s Postponement,” New York Times, 4/6/20SUPPLY CHAIN“What Everyone is Getting Wrong about the Toilet Paper Shortage,” Will Oremus Medium article, 4/2/20

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "A Lawyerless World" and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Mike Birbiglia talks about the first time he met President Obama, handling hecklers, and his favorite jokes.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSJOKES & JOKESTERS“Humor in Hard Times,” New York Times, 9/19/09Watch: “Jon Stewart on Comedy in Times of Tragedy,” Bill Moyers Journal (2007)“Where does canned laughter come from – and where did it go?,” BBC, 9/26/16“Please Chuckle Here, New York Magazine, 11/23/11 Steven Wright:Watch: “Comic Relief ‘Steven Wright’ Stand Up Comedy 1987”Stephen Wright, Spotify“The Mosaic View Of Comedian Steven Wright,” Wisconsin Public Radio, 3/7/20“Headwaters for a River of Stand-Up,” New York Times, 4/30/14 Mitch Hedberg:Mitch Hedberg: “Strategic Grill Locations,” Spotify (2003)“Mitch Hedberg: The Best Pre-Twitter Twitter Comedian,” GQ, 6/4/13“Mitch Hedberg, a Comedian Who Performed Surreal Routines, Dies at 37,” New York Times, 4/1/05 Jerry Seinfeld:Jerry Seinfeld’s Comedian, Netflix (2002)Watch: “Seinfeld - Night Guy” Roy Wood Jr:Roy Wood Jr.: “Father Figure,” Amazon Prime Video (2017)

In this episode of CAFE Insider, “Fevered Nation,” Preet and Anne break down all the latest coronavirus developments and analyze the politically-charged legal questions surrounding the government’s response, including:— The spectacle of the daily White House coronavirus press conferences, and the impact of the President’s repeated false claims on the government’s response effort.— The President’s now-abandoned wish to reopen the economy by Easter, and the chaos surrounding his public announcement that he was considering quarantining the entire New York metro area — which he later walked back that same day. — The White House’s deployment of the Defense Production Act to compel General Motors to produce ventilators.— The passage of a massive $2 trillion stimulus package, and the importance of effective Congressional oversight over its implementation.Amid the round-the-clock coronavirus coverage, there was also this news that would have otherwise wielded much attention: The DOJ’s indictment of Venezuelan President Nicolas Maduro and 13 of his associates on drug trafficking charges.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSLIFE UNDER LOCKDOWNPreet’s movie recommendation, Happy FeetCourse: “The Science of Well-Being,” offered by Yale University, CourseraPREVIOUSLY ON CAFE: Special Insider episode featuring Lisa Monaco (3/17/20) Special Insider episode featuring  Juliette Kayyem (3/24/20)Andy Slavitt Stay Tuned Interview, 3/26/20WHITE HOUSE PRESS CONFERENCES Preet’s tweet about not watching the Trump press conferences, 3/29/20Trump tweet about his coronavirus press conference ratings, 3/29/20Clip: Trump falsely claims Seoul, South Korea has a population of 38 million people, 3/30/20“Fauci Socks, Fauci Donuts: The Coronavirus Expert Attracts Cult Following,” Washington Post, 3/31/20“Dr. Deborah Birx’s praise of Trump raises questions about her credibility,” Vox, 3/27/20REOPENING GOVERNMENT / STATES’ RIGHTSClip: Fauci says “the virus makes the timeline,” 3/25/20The Commerce Clause of the U.S. Constitution The 21st Amendment of the U.S. ConstitutionSouth Dakota v. Dole (1987), Supreme Court case holding that Congress’s spending power allows it to indirectly encourage state action to obtain uniformity in the States' drinking ages by imposing reasonable conditions on the receipt of federal funds“Trump set Easter target after Kushner meeting, seeing empty pews,” Bloomberg, 3/30/20“Restrictions are slowing down coronavirus infections, new data suggest, New York Times, 3/30/20“Fever Detection Cameras to Fight Coronavirus?” NBC News, 3/27/20“Trump Can’t Reopen the Country Over State Objections,” Lawfare, 3/27/20NEW YORK QUARANTINE Trump tweet giving consideration to instituting a quarantine of tri-state area, 3/28/20Trump tweet saying that there will be no quarantine, 3/28/20“A Coronavirus Quarantine in America Would be a Huge Legal Mess,” Atlantic, 2/16/20DEFENSE PRODUCTION ACT Congressional Research Service Report on the Defense Production Act, 3/2/20White House statement on invoking Defense Production Act, 3/27/20STIMULUS PACKAGE / CONGRESSIONAL OVERSIGHT The Stimulus Bill (S. 3548 CARES Act)John Kerry’s tweet mocking Rep. Thomas Massie, 3/27/20Neil Barofsky’s tweet about overseeing TARP, 3/30/20House Rules Committee’s Majority Staff Report Examining Voting Operations During the Covid-19 Epidemic, 3/23/20“The House just passed a $2 trillion coronavirus relief package. Here’s what’s in it,” Vox, 3/25/20“Rep. Massie forces colleagues back to DC for vote,” Washington Post, 3/27/20“Cuomo Slams Stimulus Package as “Terrible” for New York,” New York Post, 3/25/20“Justice Department investigates Burr’s stock trades before coronavirus spike,” Washington Post,  3/30/20MADURO INDICTMENT SDNY’s Indictment of Venezuelan President Nicolas Maduro and associates, 3/26/20Transcript of AG Barr’s press conference announcing Maduro indictment, 3/26/20OLC memo on indicting a sitting President CRIMINAL JUSTICE AG Barr’s memo to Bureau of Prisons, 3/26/20“‘We’re Left for Dead,’ Fears of Virus Catastrophe at Rikers Jail,’” New York Times, 3/30/20

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "Mass Trauma Brings Out the Crooks and the Heroes" and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Andy Slavitt explains how a leader should make decisions in crisis, his heroes, and what he's watching at home.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSWinston Churchill, The Gathering Storm, RosettaBooks, 1948Andy Slavitt on The Woj Pod Show, 3/20/2020Steven Levy, “The Doctor Who Helped Defeat Smallpox Explains What's Coming,” WIRED, Contagion, dir. Stephen Soderbergh, Warner Bros., 2011“'Go home!': Italian mayors rage at coronavirus lockdown dodgers — video,” The Guardian, 3/23/2020

In this special episode of CAFE Insider, “Pandemic Ethics & Glimmers of Hope,” Preet and Anne are joined by Juliette Kayyem. Kayyem served as President Obama’s Assistant Secretary for Intergovernmental Affairs at the Department of Homeland Security. Drawing on her experience managing crises — including the H1N1 pandemic and the BP oil spill — she helps Preet and Anne break down all of the latest coronavirus developments and issues, including:— The Trump administration’s delayed deployment of the Defense Production Act of 1950, what the action allows the government to do, and why it took so long. — The ethics around the government’s response to the pandemic, the adverse effects that social distancing will have on the economy, and the President’s apparent inclination to “re-open” the economy before the conclusion of the quarantine period recommended by public health experts. — The controversy surrounding the decisions of several United States Senators, most notably Senators Richard Burr and Kelly Loeffler, to sell significant amounts of stock around the time of a classified Senate briefing warning about the impact of coronavirus — well before the government’s public position reflected those private warnings. — The threat the pandemic poses to jails and prisons, and the steps states like New Jersey are taking to address the challenges to the criminal justice system.— How long we can expect to remain in quarantine, and what the process looks like to get back to “normal.” We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSJULIETTE’S CRISIS MANAGEMENT EXPERIENCEJuliette Kayyem’s biography“US Reaction to Swine Flu: Apt and Lucky,” New York Times, 1/1/10“BP Moves to Fix a Leak as Obama Warns of Damage,” New York Times, 5/2/10“New York’s Virus Count is Doubling Every Three Days,” New York Times, 3/24/20DEFENSE PRODUCTION ACT Congressional Research Service Report on the Defense Production Act, 3/2/20“What’s in Trump’s Executive Order on the Defense Production Act?” Lawfare, 3/20/20“Trump’s excuses for not using the Defense Production Act are wrong — and dangerous,” Vox, 3/23/20“Trump will use Defense Production Act to secure thousands of test kits,” Politico, 3/24/20ETHICSTrump tweet about allowing people to return to work, 3/24/20“A Plan to Get America Back to Work,” Thomas Friedman Op-Ed, New York Times, 3/22/20Clip: “Boris Johnson orders UK into lockdown to fight coronavirus pandemic,” CNN, 3/23/20 “Trump says coronavirus cure ‘cannot be worse than the problem itself,’” New York Times, 3/23/20“DeWine: ‘We Save our Economy First by Saving Lives,” ABC Cincinnati, 3/24/20“Rand Paul Worked in the Senate for Days after COVID-19 Test,” Time Magazine, 3/23/20BAILOUT“Trump on GOP’s $500 billion slush fund: ‘I’ll be the oversight,’” New York Magazine, 3/23/20“Top Senate Democrat and Treasury Secretary say they are near a stimulus deal,” New York Times, 3/24/20INSIDER TRADING STOCK Act Summary, GovTrack, 4/4/12Sen. Burr’s 2012 radio interview on his opposition to the STOCK Act, 2/2/12“Burr and Loeffler selling stocks as the market tanks is the reason some people think Senators shouldn’t own stock,” Vox, 3/20/20“Sen. Richard Burr, who sold stock before pandemic, voted in 2012 against banning insider trading for Congress, Washington Post, 2/20/20“Trump deflects questions about profiting from the presidency by reverting to his businessman mythology,” Washington Post, 3/23/20CRIMINAL JUSTICE “New Jersey will release low level offenders from jail to prevent coronavirus spread,” CNN, 2/23/20“‘Trapped on Rikers’: Jails and prisons face coronavirus catastrophe as officials slowly authorize releases,” Washington Post, 3/23/20“DOJ seeks new emergency powers amid coronavirus pandemic,” Politico, 3/21/20THE PROCESS BACK TO NORMALCY“The Crisis Could Last 18 Months. Be Prepared,” Juliette Kayyem Op-ed, The Atlantic, 3/21/20“When will the coronavirus pandemic end? What scientists can say about life returning to normal,” Boston Globe, 3/21/20OLYMPICS“I.O.C and Japan Agree to Postpone Tokyo Olympics,” New York Times, 3/24/20

In this bonus from Stay Tuned, Rahm Emanuel discusses how he would respond to coronavirus if he were still mayor of Chicago, his experience at the Lyndon Baines Johnson library, his cursing, and more.Thank you for being a member of the CAFE Insider community.

In this special episode of CAFE Insider, “Extraordinary Times,” Preet and Anne are joined by Lisa Monaco, who was President Obama’s chief homeland security and counterterrorism advisor. Drawing on her experience battling pandemics, Lisa provides valuable perspective on the response to the crisis, and helps Preet and Anne break down all of the important issues, including:— The administration’s preparedness for the outbreak, and the warnings about pandemics that the Obama national security team gave to incoming Trump officials in January 2017. — Challenges posed by testing and hospital capacity — and the impact of the 2018 decision to disband the National Security Council Directorate designed to coordinate pandemic response, an office that Lisa helped set up in the wake of the Ebola outbreak.— The benefits and shortcomings of the recent economic relief bill negotiated by House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSLIFE UNDER QUARANTINEAnne Milgram’s beach chair tweet, 3/17/20Video of penguins roaming free at aquariums, 3/15/20WHITE HOUSE RESPONSE Picture of President Obama hugging a nurse who survived Ebola, Time Magazine, 10/24/14Transcript of President Trump’s 3/13 coronavirus press conference, New York Times, 3/13/20“A chastened President Trump presents a newly sober tone,” Politico, 3/16/20“The Next Pandemic Will Be Arriving Shortly,” Lisa Monaco op-ed in Foreign Policy, 9/28/18“Before Trump’s inauguration, a warning: ‘The worst influenza pandemic since 1918,” Politico, 3/16/20“I ran the White House pandemic office. Trump closed it,” Washington Post, 3/13/20“Travel Restrictions Spread as Coronavirus Pandemic Widens,” NPR, 3/12/20“How U.S. Coronavirus testing stalled,” Washington Post, 3/16/20“First Human Trial for Coronavirus Vaccine Begins on Monday in US,” CNBC, 3/16/20“Why Outbreaks like Coronavirus Spread Exponentially, and How to ‘Flatten the Curve,’” Washington Post, 3/14/20CONGRESSIONAL RESPONSEFamilies First Coronavirus Response Act Summary, 3/14/20“House passes $8.3b emergency coronavirus response bill,” New York Times, 3/4/20“There’s a Giant Hole in Pelosi’s Coronavirus Response Bill,” New York Times, 3/14/20“Senate poised to take up coronavirus package after House passes revised bill,” Politico, 3/16/20“Mitt Romney’s Coronavirus Response Plan: $1,000 to Each American Adult,” Vox, 3/16/20“We need real economic stimulus,” New York Times, 3/14/20“Will the Coronavirus Outbreak Turn Andrew Yang’s Dream into a Reality?” Time Magazine, 3/17/20STATE RESPONSE“Ohio Gov. Mike DeWine response has become a national guide to the crisis,” Washington Post, 3/16/20“Gov. Cuomo to President Trump: Mobilize the Military to help Fight Coronavirus,” New York Times, 3/15/20“Here are the states that postponed their primaries due to coronavirus,” CNN, 3/17/20IMPACT ON GENERAL ELECTION Joyce Vance Twitter thread on the possibility of postponing the general election, 3/13/20Congressional Record Service report on the legality of postponing a general election, 2004

In this bonus from Stay Tuned, David Plouffe discusses the impact of coronavirus on campaigning, Rep. Tulsi Gabbard, the future of primaries, and more.Thank you for being a member of the CAFE Insider community.