CAFE Insider

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]

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. 

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.

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

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.

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. 

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

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. 

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.

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.

In this episode of CAFE Insider, “Virus Lockdown & SCOTUS Showdown,” Preet and Anne break down the latest high-profile legal and political news making the headlines, including: — The Supreme Court’s upcoming decision on the first abortion case to come before the Court since Trump’s appointment of two new conservative justices, Neil Gorsuch and Brett Kavanaugh. The case, June Medical Services LLC v. Russo, could threaten the long-standing legal precedent established in Roe v. Wade. — District Court Judge Reggie Walton’s forceful criticism of Attorney General Bill Barr over his “misleading” handling of the Mueller report’s rollout — and what that means for the credibility of the Department of Justice under Barr’s leadership.— The continued spread of COVID-19, and the challenges that the virus poses for governments and markets around the world — including the “emergency” steps that many state and local governments are taking to contain the outbreak. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSCORONAVIRUS NY Gov. Cuomo Executive Order declaring state of emergency, 3/7/20NYCLU statement criticizing NY emergency powers bill, 3/4/20“Republicans who came in contact with Trump self-quarantine,” Politico, 3/9/20“Trump compared coronavirus to the flu. Here’s why that’s a bad thing,” MSNBC, 3/9/20“Dow sinks 2,000 points in worst day since 2008,” CNBC, 3/10/20“Energy industry faces reckoning after oil prices crash,” Wall Street Journal, 3/10/20“Coronavirus in NY: Cuomo declares state of emergency,” New York Times, 3/7/20SUPREME COURT June Medical Services v. Rebekah Gee (2019), 5th Circuit Court of Appeals decisionWhole Women’s Health v. Hellerstedt (2016), Supreme Court decisionJune Medical Services Supreme Court oral arguments, 3/4/20“Justices give few hints on how they will rule in abortion law,” New York Times, 3/4/20“Schumer on Supreme Court remarks: ‘I should not have used those words,’” Axios, 3/5/20“Roberts rebukes Schumer,” Washington Post, 3/4/20 “The controversy over Chuck Schumer’s attacks on Gorsuch and Kavanaugh, explained,” Vox, 3/5/20“Chief Justice Roberts defends judicial independence after Trump attacks ‘Obama Judges,’” New York Times, 11/21/18BARR/WALTONJudge Reggie Walton’s opinion in EPIC v. Department of Justice (2020), District Court for the District of Columbia Harry Littman tweet on Walton’s opinion, 3/6/20“Judge calls Barr’s handling of Mueller report ‘distorted’ and ‘misleading,’” New York Times, 3/5/20“Meet the Chief Justice of America’s Secret Supreme Court,” Buzzfeed, 6/7/13BIDEN/BURISMA“Republicans lean into Biden probe as he surges in Democratic primary,” Politico, 3/4/2020“Dems push to ‘fight back hard’ against Trump’s Ukraine attack,” Politico, 3/5/2020ANNE LAUGHING CHALLENGE“New York Governor reveals state hand sanitizer amid price gouging,” New York 4, 3/9/20

In this bonus clip from Stay Tuned, Hany Farid discusses how he became involved in the burgeoning field of computer science.Thank you for being a member of the CAFE Insider community.

In this episode of CAFE Insider, “COVID-19 & Other Contagions” Preet and Anne break down the latest high-profile legal and political news making the headlines, including: — The Trump administration’s response to the coronavirus, and the dangers associated with the politicization of a public health crisis. — President Trump’s announcement that he is once again nominating Rep. John Ratcliffe for Director of National Intelligence — the same staunch loyalist who he had previously nominated in July before quickly withdrawing his name amid concerns around Ratcliffe’s lack of experience and partisanship. — The Trump campaign’s libel suit against the New York Times over an March 2019 op-ed about the 2016 campaign’s alleged quid pro quo with Russia — and the signal that the claim sends about the campaign’s willingness to use meritless lawsuits as a political cudgel heading into the election. — The ruling by the DC Circuit Court of Appeals preventing the House Judiciary Committee from compelling testimony from former White House Counsel Don McGahn, and the implications of that decision on the House’s ability to conduct oversight.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSSUPER TUESDAY“What is Super Tuesday and why is it important?” Washington Post, 3/3/20“Buttigieg and Klobuchar endorse Biden, aiming to slow down Sanders,” New York Times, 3/3/20CORONAVIRUS Clip: Trump Coronavirus Press Conference, 2/29/20World Health Organization’s Rolling Updates on COVID-19“Preventing COVID-19 Spread in Communities,” CDC, 3/3/20“US supply chains and ports under strain from coronavirus,” Financial Times, 3/2/20“Coronavirus fears fuel shortage of hand sanitizer, face masks,” Chicago Tribune, 3/3/20“Trump holds press conference a day after ‘hoax’ comments,” USA Today, 2/29/20“Trump accuses media and Democrats of exaggerating coronavirus threat,” New York Times, 2/28/20“Trump puts Pence in charge of coronavirus response,” Politico, 2/26/20DNI Acting Officer Statute in Federal Vacancy Reform Act of 1998Steve Vladeck tweet on strategy behind nominating Ratcliffe, 2/28/20“Trump again nominates Rep. John Ratcliffe to be DNI,” Washington Post, 2/28/20“Looks Like DNI Nominee John Ratfliffe May Have Told a Fib (or Five) about his Resume,” Above the Law, 8/1/19“Key Republican Senator says he’ll back Trump’s controversial pick for intel chief,” CNN, 3/2/20“Trump Nominates Richard Grenell as Acting Head of Intelligence,” New York Times, 2/19/20TRUMP LIBEL SUITTrump campaign libel lawsuit filing, 2/26/20The “malice test” in New York Times Co. v. Sullivan (1964)A case distinguishing defamatory opinions from defamatory facts: Davis v. Boeheim (NY Court of Appeals, 2013) “Trump Campaign Sues New York Times for Libel,” New York Times, 2/26/20“The Real Trump-Russia Quid Pro Quo,” New York Times, 3/27/19“Trump’s curious lawsuit against the New York Times,” National Review, 2/28/20“Why the Trump campaign’s frivolous lawsuit against the New York Times is dangerous,” Washington Post, 2/29/20MCGAHN DECISIONThe decision in House Committee on the Judiciary v. Donald F. McGahn, 2/28/20“Court of Appeals Decision Amounts to a Constitutional Earthquake,” CNN, 3/2/20“Dems tread cautiously on investigations after impeachment,” Politico, 3/1/20STONE SENTENCING“Why President Trump Can’t Pardon Roger Stone,” Politico, 2/27/20“Roger Stone jury forewoman question in court,” Fox News, 2/25/20ANNE LAUGHING CHALLENGE Nicole Najafi Twitter thread on hypothetical dates with Democratic presidential candidates, 2/22/20

In this bonus clip from Stay Tuned, Cynthia Deitle discusses the global response to hate crimes and how her love of storytelling connects her to her work.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Time’s Up for Weinstein & Jail for Stone” Preet and Anne break down the latest high-profile legal and political news making the headlines, including:— Harvey Weinstein’s conviction on two of the five charges he faced in New York — and what his guilty verdict means for sex crimes prosecutions in the #MeToo era.  — Roger Stone’s sentence of 40 months in prison, a fine of $20,000, and two years probation — and Judge Amy Berman Jackson’s stirring remarks at the sentencing. — The concerns around Trump’s appointment of Richard Grenell, a loyalist with no intelligence experience, as the Acting Director of National Intelligence. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSWEINSTEIN VERDICTPeople v. Molineux, 168 N.Y. 264 (N.Y. 1901)Molineaux evidence jury instructionsNicolas Cage film Con Air, IMDB“Harvey Weinstein is Found Guilty of Rape,” New York Times, 2/24/20“Here’s what we’ve learned at the Weinstein trial so far,” NPR, 2/6/20 “Weinstein Case Could Influence Other Sex Crimes Prosecutions,” New York Times, 2/25/20“The Reporting That Led to Weinstein’s Trial and Conviction,” The New Yorker, 2/24/20“Why Didn’t Manhattan DA Cy Vance Prosecute the Trumps or Harvey Weinstein?” The New Yorker, 10/13/17Weinstein Los Angeles unsealed indictment, 1/6/20“Weinstein Faces Charges in Los Angeles, New York Times, 2/25/20BLOOMBERG NDA’S Bloomberg statement on releasing 3 women from their NDA’s, 2/21/20“Bloomberg says 3 women can be released from their NDA’s,” NPR, 2/21/20“Warren’s takedown of Bloomberg goes viral,” Washington Post, 2/20/20STONE SENTENCING Initial sentencing memo, 2/20/20“Roger Stone sentenced to 40 months in prison,” Washington Post, 2/20/20“Judge in Roger Stone case rebukes Trump-backed conspiracies,” CNN, 2/20/20“Trump says Roger Stone has a ‘very good chance’ of exoneration but will ‘let the process play out,’” Politico, 2/20/20RECUSAL The Court’s opinions, including Justice Sotomayor’s dissent, in Wolf v. Cook County, 2/21/20“Trump calls for Sotomayor, Ginsburg to recuse themselves from ‘Trump-related’ cases,” CNN, 2/25/20DNI PICK“Trump names Richard Grenell as Acting Director of National Intelligence,” New York Times, 2/19/20“Senior intelligence official told lawmakers that Russia wants to see Trump re-elected,” Washington Post, 2/21/20“US intelligence briefer appears to have overstated assessment of 2020 Russian interference,” CNN, 2/23/20ANNE LAUGHING CHALLENGE Nicole Najafi Twitter thread on hypothetical dates with Democratic presidential candidates, 2/22/20

In this bonus clip from Stay Tuned, Ronan Farrow discusses the private intelligence agency Black Cube, his reputation, and how he approaches criticism.Thank you for being a member of the CAFE Insider community.REFERENCES:Ricky Gervais’ Golden Globes Monologue, NBC, 1/5/2020Samuel Gibbs, “Miley Cyrus: Social Media is Worse Than Drugs,” Guardian, 9/1/2014

On this episode of the CAFE Insider podcast, "Chief Law Enforcement Officer," Preet and Anne break down the growing scandal around the politicization of the Justice Department under Attorney General Bill Barr’s leadership, including:— Barr’s interview with ABC News, in which he defends his handling of the Roger Stone sentencing and says that President Trump’s tweets make it “impossible” to do his job.—The DOJ’s decision not to charge former FBI Deputy Director Andrew McCabe, and the context of the surprise announcement.—Barr’s appointment of outside prosecutors to review the DOJ’s handling of politically sensitive investigations, including the ongoing case against former National Security Advisor Michael Flynn.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSBARRClip: Full Barr interview, ABC News, 2/13/20“DOJ Alumni Statement on the Events Surrounding the Sentencing of Roger Stone,” Medium, 2/16/20“1,100 Former DOJ Employees Call On Barr To Resign After Intervening In Stone Case,” NPR, 2/16/20Trump tweet attacking Judge Amy Berman Jackson, 2/11/20“The Trials of Bill Barr,” Wall Street Journal, 2/13/20“Trump declares himself the ‘chief law enforcement officer’ of America,” Washington Post, 2/19/20“Barr has said he's considered resigning over Trump's interference in Justice Department matters, source says,” CNN, 2/18/20MCCABEInspector General report on McCabe’s conduct, 4/13/20“DOJ drops leak case vs. McCabe, judge said White House involvement like a 'banana republic'” NBC News, 2/14/20“Why Wasn’t Andrew McCabe Charged?” National Review, 2/15/20“Andrew McCabe, Ex-F.B.I. Official, Will Not Be Charged in Lying Case,” New York Times, 2/14/20FLYNN/OUTSIDE PROSECUTOR“Barr Installs Outside Prosecutor to Review Case Against Michael Flynn, Ex-Trump Adviser,” New York Times, 2/14/20“DOJ opens investigation into Alexander Acosta plea deal,” Politico, 2/06/19

Hi CAFE Insiders, due to the long weekend, the CAFE Insider podcast will be published tomorrow, Wednesday 2/19. Stay Tuned!

In this bonus clip from Stay Tuned, Dan Goldman discusses his relationshipswith Republican congressional members and staffers, plus his experience testifying before the House Judiciary Committee.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Presidential Payback!” Preet and Anne break down the aftermath of Trump’s acquittal, including:— President Trump’s sudden dismissal of Lieutenant Colonel Vindman and Ambassador Sondland, two witnesses who testified in the House impeachment hearings.— Attorney General Bill Barr’s internal DOJ memo, which outlines a new policy that would require his personal approval of any presidential campaign investigations. — The stand-off between the Trump administration and the state of New York over “sanctuary” laws designed to protect undocumented immigrants from deportation. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSIMPEACHMENT / VINDMAN DISMISSALDeputy Sec. of Defense David Norquist’s letter to Sen. Schumer, 12/16/20Clip: Romney explains vote in favor of impeachment, 2/5/20“Trump Fires Sondland and Vindman in Post-Acquittal Rage,”  The New York Times, 2/7/20“Republican Senators Tried to Stop Trump from Firing Impeachment Witnesses,” The New York Times, 2/8/20“GOP Senators incensed by Schiff’s ‘head on a pike’ comment,” NBC News, 1/25/20“Trump singles out Romney in post-acquittal Twitter rant,” Politico, 2/9/20DOJ / GIULIANI "PROCESS"Clip: Sen. Lindsey Graham on Face the Nation, 2/9/20“Giuliani is giving Biden info the government, Barr confirms,” Los Angeles Times, 2/10/20BARR MEMO AG Bill Barr’s memo outlining new restrictions on opening politically sensitive investigations, 2/5/20“Attorney General Bill Barr issues new rules for politically sensitive investigations,”  NPR, 2/6/20Barb McQuade tweet on Barr’s memo, 2/8/20“Paul Manafort Sentencing: What You Need to Know,” NPR, 3/6/19“Alaska Senator Stevens Found Guilty of Accepting Gifts From Oil Executive,” The Guardian, 10/27/08EMOLUMENTSDC Circuit Court of Appeals decision, 2/7/20“Individual members of Congress barred from suing Trump over business dealings,” Washington Post, 2/7/20TRUMP V. NYDHS press release on “Trusted Traveler” programs action, 2/6/20“Trump officials threaten to expand retaliation for ‘sanctuary’ policies to more states as N.Y. residents are kicked out of global entry,” Washington Post, 2/6/20“President Trump, Gov. Cuomo battle over Global Entry,” CBS, 2/8/20ANNE LAUGHING CHALLENGEMarco Rubio / Nicole Wallace Twitter thread, 2/8/20

In this bonus clip from Stay Tuned, John Dickerson discusses some of his favorite campaign speeches and his time anchoring "Face the Nation."Thank you for being a member of the CAFE Insider community.POLITICAL SPEECHESClip: Mario Cuomo 1984 Democratic National Convention Keynote Speech, C-SPAN, 7/16/84Clip: Ronald Reagan’s 1976 Presidential Endorsement Speech, C-SPAN, 8/19/76Clip: President Obama delivers Eulogy, Youtube, 6/26/15Clip: Senator Barack Obama 2004 Democratic National Convention Keynote Speech, 7/27/04Clip: Obama Speech in Manassas, Virginia, 11/3/08

In this episode of the CAFE Insider podcast, “The Verdict,” Preet and Anne give a postmortem on the impeachment trial, including an analysis of:— Senators Alexander and Murkowski’s justifications for their votes that prevented witnesses and effectively ended the trial—The Q & A section of the trial: Chief Justice Roberts’ role as a “potted plant,” Elizabeth Warren’s controversial question, and Alan Dershowitz’s flawed argument— Adam Schiff’s final closing argument – and whether any of this made a difference at allWe hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSIOWAClip: Obama 2008 Iowa Caucus Victory Speech, 1/4/08“Waiting Years for This Night, Then Hours for an Iowa Winner, New York Times, 2/4/20IMPEACHMENT Clip: Chief Justice Roberts refuses to read Sen. Paul’s question, CNN, 1/30/20Clip: Chief Justice Roberts reads Warren’s pointed question, CNN, 1/30/20Sen. Murkowski statement on impeachment, 1/31/20Sen. Alexander statement on impeachment, 1/30/20“Cippillone Should Be Tried as a Witness,” Just Security, 1/27/20“Republican Senator Murkowski spares few in fiery impeachment speech,” New York Times, 2/4/20“Trump’s impeachment lawyer at center of disputed claims,” Politico, 1/31/20MICHAEL FLYNN  Flynn sentencing memo, 1/29/20Flynn’s motion to dismiss, 1/29/20“Flynn’s new legal team unleashes on his old lawyers in bid to withdraw guilty plea,” Politico, 1/29/20“Trump intends to nominate Jessie Liu to top Treasury sanctions post,” Washington Post, 12/10/20“Barr names new U.S. Attorney in DC,” New York Times, 1/30/20

In this extended Stay Tuned special bonus, national security experts Lisa Monaco and Ken Wainstein discuss the annual worldwide threats briefing.Lisa Monaco served as Advisor to President Obama for Homeland Security and Counterterrorism from 2013-2017. A former federal prosecutor, Monaco spent 15 years in the Justice Department in various DOJ and FBI leadership positions—including Counsel to and Chief of Staff at the FBI for then-Director Robert Mueller. In 2011, Monaco was the first woman to serve as the Assistant Attorney General for National Security.Kenneth Wainstein served as Advisor to President George W. Bush for Homeland Security and Counterterrorism from 2008-2009. Wainstein served as the first Assistant Attorney General for National Security at DOJ, and led the new National Security Division in the wake of 9/11. A former federal prosecutor, Wainstein spent 19 years in the Justice Department and also served as General Counsel, and then Chief of Staff to then-Director Robert Mueller.Thank you for being a member of the CAFE Insider community. WORLDWIDE THREATS “Intel agencies push to close threats hearing after Trump outburst,” Politico, 1/15/20“Cyber-attacks a bigger threat than Al Qaeda, officials say,” LA Times, 3/12/13“Worldwide Threat Assessment,” Center for Homeland Defense and Security

On Wednesday, January 29th, Preet joined CAFE Insider co-host Anne Milgram, Brennan Center for Justice President Michael Waldman, and NYU Law School Dean Trevor Morrison to discuss the latest developments in the impeachment proceedings.Thank you for being a member of the CAFE Insider community.

In this bonus clip from Stay Tuned, Ian Bremmer discusses the 2020 World Economic Forum in Davos and The Royal Family.Thank you for being a member of the CAFE Insider community.

Last Thursday, Preet spoke to Lawfare editors Susan Hennessey and Benjamin Wittes at the Union Square Barnes & Noble about their latest book, "Unmaking the Presidency." The book: Unmaking the Presidency, Jan 2020Preet's review of the book in Airmail, 1/25/20Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Nuts and Bolton,” co-hosts Preet Bharara and Anne Milgram break down the latest impeachment developments:— The recent bombshell revelations that John Bolton wrote about President Trump’s attempted quid pro quo in his yet-to-be-published book, and the impact that will have on the rest of the trial.— The action on the floor of the Senate: Adam Schiff’s commanding performance as lead House manager, and the most compelling arguments from both sides.— The recently released audio of Lev Parnas discussing Marie Yovanovitch with President Trump during an April 2018 fundraiser – and Trump telling his staff to “take her out.”We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.REFERENCES & SUPPLEMENTAL MATERIALSBOLTON REVELATIONSBolton’s lawyers’ letter to the White House regarding book transcript, 12/30/19Jack Goldsmith tweet on prepublication process, 1/26/20, TwitterTrump tweet thread on Bolton, 1/27/20, Twitter“Trump tied Ukraine aid to inquiries he sought, Bolton says,” New York Times, 1/26/20“Trump waived executive privilege when he called Bolton a liar,” Washington Post, 1/27/20“Graham on Bolton: I want to see what’s in the manuscript,” Politico, 1/27/20SCHIFF’S PERFORMANCEClip: Schiff’s closing argument, 1/23/20, C-SPANClip: Schiff’s “pike” comment, 1/24/20, PBS NewsHour“GOP Senators incensed by Schiff’s ‘head on a pike’ comment,” 1/27/20, NBC News“Graham congratulated Schiff on a ‘good job’ presenting,” 1/23/20, CNNTRUMP’S DEFENSE “Purpura goes after Schiff’s parody of  Trump’s July 25 call,” 1/25/20, NBC News“Cippollone falsely claims that Republicans were barred from impeachment depositions,” 1/21/20, Axios“Impeachment trial and legal ethics: Cippolone should be a witness, not a Trump lawyer,” 1/27/20, Just Security PARNAS AUDIOClip: Full audio of alleged 2018 Parnas conversation with Trump, 1/26/20, MSNBC“Parnas recording shows Trump talking with indicted businessmen the president has said he doesn’t know,” 1/26/20, CNN“Take her out: tape seems to have Trump calling for Ambassador’s ouster,” 1/25/20, New York TimesClip: Pulp Fiction “take care of her” scene

In this bonus clip from Stay Tuned, Admiral James Stavridis discusses effective leadership qualities and role models in the Greek-American community.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Mock Trial,” hosts Preet Bharara and Anne Milgram break down the latest developments:The appointment of House managers who’ll be prosecuting the case, and the president’s “all-star” defense team, which includes Alan Dershowitz and Ken Starr.The trial rules proposed by Senate Majority Leader Mitch McConnell, which Democrats argue give a helping hand to the White House making it impossible to have fair proceedings.The defenses raised by the president in legal briefs, rejecting both articles of impeachment as invalid.New evidence provided by Rudy Giuliani’s associate Lev Parnas, who implicates President Trump, Vice President Pence, Attorney General Bill Barr, and Rep. Devin Nunes, ranking member of the House Intelligence Committee.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSTRUMP’S LEGAL TEAM Clip: Dershowitz on impeachment in 1998, CNN, 1/20/20Clip: Trump on Starr in 1999, CNN, 1/20/20Clip: Dershowitz on impeachable offenses, CNN, 1/21/20“Trump recruits House allies for defense,” Politico, 1/20/20“Alan Dershowitz adds Trump to list of high-profile clients,” New York Times, 1/17/20“Ken Starr returns to the impeachment fray, this time for the defense,” New York Times, 1/17/20“Trump finally gets his TV-ready lawyers, thanks to impeachment,” Politico, 1/17/20 MCCONNELL’S RESOLUTION / THE RULES OF THE TRIALMitch McConnell’s impeachment resolution, 1/20/20“McConnell impeachment rules modify Clinton precedent,” New York Times, 1/21/20 TRIAL BRIEFSTrump legal team trial brief, 1/20/20House managers’ trial brief, 1/20/20“White House calls for Trump acquittal in ‘rigged’ impeachment as Senate prepares for Swift trial,” Washington Post, 1/20/20 PARNASParnas documents released by House, 1/14/20Parnas/Rachel Maddow interview transcript, MSNBC, 1/14/20Parnas SDNY charging press release, 10/10/19“Lev Parnas, key player in Trump Ukraine affair, completes break with Trump and Giuliani,” New York Times, 1/15/20“Parnas associate Robert Hyde accused of stalking, erratic behavior,” Politico, 1/15/20 GAO DECISIONGAO decision, 1/16/20Impoundment Control Act of 1974“White House hold on Ukraine aid violated federal law, congressional watchdog says,” Washington Post, 1/16/20

In this bonus clip from Stay Tuned, J. Ann Selzer discusses whether the Iowa caucuses should be converted to a primary, security precautions, and some of the gratifying parts of her work.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “'Impeached For Life,'” hosts Preet Bharara and Anne Milgram break down the latest developments:-- The politics at play in the impeachment trial of President Trump, expected to begin next week, and the role of Chief Justice John Roberts, who will preside over the proceedings-- The shifting justifications the Trump administration has given for killing Gen. Suleimani and Iran's acknowledgement that it mistakenly shot down a civilian airplane, killing 176 people on board -- The trial of Hollywood mogul Harvey WeinsteinWe hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSDOUG COLLINSClip of Doug Collins on Fox, 1/8/20“Preet Bharara to Georgia congressman: You've hit a shocking new low,” CNN, 1/09/20Preet’s first, second, and third tweet about Rep. Doug Collins, 1/8/20 Doug Collins’ twitter apology, 1/10/20“'I left parts of my body in Iraq': Duckworth rips into GOP rep who said Democrats 'love' terrorists,” CNN, 1/9/20IMPEACHMENT UDPATESClip: “Sen. Mitt Romney says he’ll vote to hear Bolton testimony,” 1/13/20“Trial Likely to Start Jan. 21, Cornyn Says,” Bloomberg, 1/13/20“Trump’s Impeachment Team Takes Shape as Trial Looms,” New York Times, 1/12/20“Pelosi Alerts House to Be Ready to Send Impeachment Articles Next Week,” New York Times,1/10/20“Logjam Over Impeachment Trial Leaves Trump Prosecutors Little Time to Prepare,” New York Times, 1/11/20“What does Trump want in his impeachment trial?,” Politico, 1/13/20 “'This Week' Transcript 1-12-20: House Speaker Nancy Pelosi, National Security Adviser Robert O'Brien,” ABC News, 1/12/20 “John Bolton’s testimony looks increasingly likely,” Washington Post, 1/14/20“At Impeachment Trial, Chief Justice Roberts May Have More Prestige Than Power,” National Public Radio, 1/10/20WAR POWERS RESOLUTION50 U.S.C. CHAPTER 33, “War Powers Resolution,” Legal Information InstituteH.Con.Res.83, “Directing the President pursuant to section 5(c) of the War Powers Resolution to terminate the use of United States Armed Forces to engage in hostilities in or against Iran,” Congress.gov, 1/9/20Clip: “GOP senator slams Iran briefing: It was insulting,” CNN, 1/8/20“House Votes to Restrain Trump’s Iran War Powers,” New York Times, 1/9/20 “Now Mike Lee knows what it feels like,” Washington Post, 1/10/20“Matt Gaetz, the ‘Trumpiest Congressman,’ cites principles for bucking president on war powers. Kevin McCarthy is ‘very shocked,’” Washington Post, 1/10/20IRAN“Trump tells Fox News' Laura Ingraham 'four embassies' were targeted in imminent threat from Iran,” Fox News, 1/10/20“Esper Says He Saw No Evidence Iran Targeted 4 Embassies, as Story Shifts Again,” New York Times, 1/12/20Yashar Ali’s twitter thread on the accidental civilian aircraft strike, 1/11/20“Iran braces for protests after admitting plane shootdown,” PBS, 1/12/20“Ukraine Plane Shot Down Because of Human Error, Iran Says,” New York Times, 1/11/20“Trump authorized Soleimani's killing 7 months ago, with conditions,” NBC News, 1/13/20DAVID KRIS / FISAOrder Appointing an Amicus Curiae, United States Foreign Surveillance Court, 1/10/20Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, Office of the Inspection General, December 2019Ben Wittes’ twitter thread about David Kris, 1/12/20 “Trump attacks former DOJ official appointed to review the FBI’s proposed wiretap reforms,” Washington Post, 1/12/20HARVEY WEINSTEIN“Harvey Weinstein: 5 Takeaways From First Week of Criminal Trial,” Rolling Stone, 1/10/20“She’s Harvey Weinstein’s Lawyer, and She Thinks #MeToo Is ‘Dangerous,’” New York Times, 1/14/20BURISMA“Russians Hacked Ukrainian Gas Company at Center of Impeachment,” New York Times, 1/13/20

In this bonus clip from Stay Tuned, Jack Goldsmith discusses whether public servants working in the Trump administration should resign and his own experience with resignation.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “What Quds Go Wrong?,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The targeted killing of Iranian General Qassem Suleimani, the head of the Islamic Revolutionary Guard Corps Quds Force-- John Bolton's statement that he's prepared to testify in the Senate impeachment trial if he's subpoenaedWe hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSKILLING OF QASEM SULEIMANI Statement by the Department of Defense on the killing of Qasem Soleimani, 1/2/20“Timeline: How The U.S. Came To Strike And Kill A Top Iranian General,” National Public Radio, 1/4/20“As Tensions With Iran Escalated, Trump Opted for Most Extreme Measure,” New York Times, 1/4/20Lisa Monaco: “We are in uncharted territory now. Are we prepared for that?,” Washington Post, 1/6/20Trump tweet about a disproportionate response, 1/5/20“Trump Threatens Iranian Cultural Sites, and Warns of Sanctions on Iraq,” New York Times, 1/5/20“Trump Says He'll Target Iran's Cultural Sites. That's Illegal,” National Public Radio, 1/6/20WATCH: Meet the Press, featuring Jeh Johnson, 1/5/20 (~36:00 min)WAS THE STRIKE LEGAL?Article II of The Constitution, Legal Information Institute Authorization for Use of Military Force (AUMF), 2001Authorization for Use of Military Force against Iraq Resolution, 2002 Jack Goldsmith: “The Soleimani Strike: One Person Decides,” Lawfare, 1/3/20“Did the President Have the Domestic Legal Authority to Kill Qassem Soleimani?,” Lawfare, 1/3/20“The key word in U.S. justifications for the killing of Iranian general: ‘Imminent,’” Washington Post, 1/5/20SDNY’S QUDS FORCE CASESComplaint: United States v. Manssor Arbabsiar and Gholam Shakuri, 10/11/11WATCH: “Terror Plot Charges,” C-SPAN, 10/11/11“Two Men Charged in Alleged Plot to Assassinate Saudi Arabian Ambassador to the United States,” Department of Justice, 10/11/11“U.S. Indicts 7 Iranians in Cyberattacks on Banks and a Dam,” New York Times, 3/24/16IMPEACHMENT Statement of John R. Bolton regarding congressional testimony, 1/6/20Sen. Marco Rubio’s tweet about Bolton’s testimony, 1/6/20“What they're saying: Romney, Collins respond to Bolton's offer to testify,” Axios, 1/6/20“Judges spar with Democrats, DOJ in impeachment doubleheader,” Politico, 1/3/20“Joe Biden Says He Would Comply With a Senate Subpoena, Reversing Course,” New York Times, 12/28/19

Today, we're sharing the audio from a recent CAFE Insider Town Call. Preet and Anne hopped on the phone for 45 minutes and answered questions in real time from randomly selected members of the CAFE Insider community.In a wide-ranging Q&A, they addressed the strategy behind House Speaker Nancy Pelosi's decision to delay sending articles of impeachment to the Senate, the prospects of testimony from key witnesses in the Senate trial, the likelihood that Rudy Giuliani will be indicted by SDNY, and how Preet & Anne met.Thank you to our participants. Keep an eye out for an email announcing the next Town Call and in the meantime email us at [email protected] with your feedback as we continue to develop this special feature.Our next regular CAFE Insider episode will be released on Tuesday, January 7th. Happy holidays!