CAFE Insider

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!

In this bonus clip from Stay Tuned, Susan Glasser discusses her professional and personal collaboration with her husband and fellow journalist, Peter Baker. Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Trial by Senate,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The articles of impeachment and Wednesday’s full House vote -- The role and importance of House Managers, and the contenders-- The scope and shape of the Senate trial, and Mitch McConnell’s decision not to include key witnesses-- This Supreme Court’s decision to hear three cases related to subpoenas for President Trump’s financial records.-- Plus, the latest Rudy Giuliani shenanigans.  We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES AND SUPPLEMENTAL MATERIALSIMPEACHMENT UPDATES“Federal Criminal Offenses and the Impeachment of Donald J. Trump,” Just Security, 12/16/19“Democrats jostle for prized impeachment manager gig,” Politico, 12/11/19“Freshman Democrats push for Amash as impeachment manager,” Washington Post, 12/15/19“McConnell’s vow of ‘total coordination’ with White House on Senate impeachment trial angers Democrats,” Washington Post, 12/13/19“Trump tears up the Clinton impeachment playbook,” Politico, 12/13/19“McConnell, Coordinating with White House, Lays Plans for Impeachment Trial,” New York Times, 12/13/19“McConnell Rejects Calling Mulvaney or Bolton for Impeachment Trial,” New York Times, 12/17/19“Meadows says he’s advocating for Trump to add Alan Dershowitz to impeachment defense team,” The Hill, 12/11/19Senate Minority Leader Chuck Schumer’s letter to Senate Majority Leader Mitch McConnell, 12/15/19RUDY GIULIANIRudy Giuliani’s twitter thread from his travels, 12/15/19“‘Just Having Fun’: Giuliani Doubles Down on Ukraine Probes,” Wall Street Journal, 12/13/19“Giuliani Provides Details of What Trump Knew About Ambassador’s Removal,” New York Times, 12/16/19“The Ukrainian Prosecutor Behind Trump’s Impeachment,” New Yorker, 12/16/19SUPREME COURTSupreme Court Certiorari Granted, 12/13/19Clinton v. Jones (1997), OyezUnited States v. Nixon (1974), Oyez“Supreme Court to Rule on Release of Trump’s Financial Records,” New York Times, 12/13/19“Supreme Court will take up Trump’s broad claims of protection from investigation,” Washington Post, 12/13/19“Justice Neil Gorsuch in ‘Fox & Friends’ interview: Pay attention to ‘separation of powers,’” Fox News, 12/17/19

In this episode of the CAFE Insider podcast, “Abuse(s) of Power,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- House Democrats unveil two articles of impeachment focused on abuse of power and obstruction of congress-- Inspector General Michael Horowitz’s report on the FBI’s Russia investigation finds no political bias and proper predication, but serious errors-- Attorney General Bill Barr and U.S. Attorney John Durham object to the Inspector General’s botttom line conclusions in highly unusual public statementsWe hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES AND SUPPLEMENTAL MATERIALSHOUSE JUDICIARY COMMITTEEWATCH: House Judiciary Committee Chairman Jerry Nadler’s Remarks Announcing Introduction of Articles of Impeachment (and read the remarks here), 12/10/19WATCH: Hearing on Evidence in Impeachment Inquiry, C-SPAN, 12/9/19WATCH: Hearing on Constitutional Framework for Impeachment, C-SPAN, 12/4/19Tweet of Rep. Eric Swalwell’s exchange with Steve Castor, 12/9/19 Jonathan Turley: “Five myths about impeachment,” Washington Post, 8/1/14Rep. Justin Amash’s tweet about the constitutional hearing, 12/5/19Preet’s tweet addressed to Steve Castor, 12/9/19 Tweet of Steve Castor’s Fresh Market bag, 12/9/19HOUSE INTELLIGENCE COMMITTEEThe Trump-Ukraine Impeachment Inquiry Report, December 2019DOJ INSPECTOR GENERAL REPORTDepartment of Justice Office of Inspector General’s Report, Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, December 2019FBI Director Christopher Wray’s Response to Inspector General Report, FBI, 12/9/19Statement by Attorney General William P. Barr on the Inspector General's Report of the Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, DOJ, 12/9/19Statement of U.S. Attorney John H. Durham, DOJ, 12/9/19 Trump’s tweet about FBI Director Chris Wray, 12/10/19“Christopher Wray, basically: Don’t listen to Trump’s Ukraine conspiracy theories,” Washington Post, 12/10/19Susan Hennessey’s tweet about the Mueller Report’s treatment of Carter Page, 12/9/19

In this episode of the CAFE Insider podcast, “Impeachment: Phase 2,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The House Intelligence Committee’s report summarizing its findings and the House Judiciary Committee hearings, the first of which is set for this Wednesday.-- A decision by a DC federal judge ordering former White House Counsel Don McGahn to appear before impeachment investigators and the implications that case has for other witnesses, like former National Security Advisor John Bolton.-- A phone call between Trump and EU Ambassador Gordon Sondland that has emerged as a centerpiece of the president’s defense.-- Revelations from the deposition of Office of Management and Budget (OMB) official Mark Sandy.-- Inspector General Michael Horowitz’s report on the origins of the FBI’s Russia investigation due on December 9th.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES AND SUPPLEMENTAL MATERIALSJUDICIARY COMMITTEE HEARINGSLetter from House Judiciary Committee Chairman Jerry Nadler to President Trump, 11/29/19Letter from Rep. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, to Chairman Jerry Nadler, 11/30/19Letter from White House Counsel Pat Cipollone to Chairman Jerry Nadler, 12/1/19VIDEO: Rep. Collins’ appearance on Fox News Sunday, 12/1/19Trump’s tweet about Speaker of the House Nancy Pelosi and his participation in the House impeachment inquiry, 11/18/19“House Judiciary Panel Asks Trump if He Will Present Impeachment Defense,” New York Times, 11/29/19“Judiciary Takes Up Impeachment As House Intelligence Panel Prepares To Release Report,” National Public Radio, 12/2/19“Trump’s photo op play: Facing impeachment, the president strives to look hard at work,” Washington Post, 11/30/19GORDON SONDLAND“Here’s the Proof that Trump’s “No Quid Pro Quo” Call Never Happened,” Just Security, 11/29/19 “Witness testimony and records raise questions about account of Trump’s ‘no quid pro quo’ call,” Washington Post, 11/27/19“Multiple Women Recall Sexual Misconduct and Retaliation by Gordon Sondland,” ProPublica, 11/27/19MARK SANDY“The Impoundment Control Act of 1974: What Is It? Why Does It Matter?,” House Committee on the Budget“Read Mark Sandy’s Closed-Door Deposition,” New York Times, 11/26/19“White House Budget Official Said 2 Aides Resigned Amid Ukraine Aid Freeze,” New York Times, 11/26/19“Timeline: Trump, Giuliani, Biden, and Ukrainegate (updated),” Just Security, 11/27/19DON MCGAHNThe decision in Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II, 11/25/19DOJ’s emergency motion for stay pending appeal, Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II, 11/27/19United States Court of Appeals for the District of Columbia Circuit’s order granting a stay in the case, Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II, 11/27/19“The Don McGahn Ruling Has Big Consequences for Impeachment,” Slate, 11/25/19IG REPORT PREVIEW“Russia Inquiry Review Is Expected to Undercut Trump Claim of F.B.I. Spying,” New York Times, 11/27/19

In this episode of the CAFE Insider podcast, “Impeachment Game Plan,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The House Intelligence Committee has reportedly begun writing a report summarizing its inquiry findings, which will be used by the House Judiciary Committee to help draft the articles of impeachment. -- It remains to be seen what the impeachment charges will be, and what will happen in a Republican-controlled Senate trial which will be presided over by Chief Justice of the Supreme Court John Roberts.-- Meanwhile, we have also learned that Trump defender Rep. Devin Nunes reportedly met with a former Ukrainian prosecutor last year to get dirt on former Vice President Joe Biden; Justice Department Inspector General Michael Horowitz’s long-awaited report into the FBI’s handling of the Russia investigation will be released on December 9th; and Navy Secretary Richard Spencer was forced to resign on Sunday in connection with the case of Navy SEAL Ed Gallagher who was pardoned by President Trump earlier this month. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES AND SUPPLEMENTAL MATERIALSIMPEACHMENT INQUIRYStay Tuned with Preet: Impeachment Hearings (Special Episode with Anne Milgram), 11/21/19Guide to the Impeachment Hearings, PBS News Hour “Trump’s GOP support hardens despite damning impeachment testimony,” The Washington Post, 11/23/19“‘Improper’ and ‘unusual’: White House aides criticize Trump’s Ukraine call,” Politico, 11/19/19Clip of Fox News host Chris Wallace confronting Republican Louisiana Senator John Kennedy who refused to openly disagree with President Trump in saying that it was Russia, not Ukraine, that had interfered in the 2016 U.S. presidential election, 11/24/19“White House review turns up emails showing extensive effort to justify Trump’s decision to block Ukraine military aid,” The Washington Post, 11/24/19“Judge will rule by Nov. 25 in Don McGahn subpoena fight,” Politico, 11/19/19“Bolton re-emerges after public hiatus charging White House froze his Twitter account,” CNN, 11/22/19 (Twitter account of John Bolton, Former Assistant to the President for National Security Affairs) ARTICLES OF IMPEACHMENT“What’s Next in Impeachment: Judiciary Committee Up Next,” The Associated Press, 11/25/19“Does Trump Impeachment Case Need to Prove a Quid Pro Quo? Asking Ukraine for Help is Bad Enough, Legal Experts Say,” Newsweek, 11/22/19 Full text of the Articles of Impeachment approved by the House Judiciary Committee on July 27, 1974 against President Richard Nixon Full text of the Articles of Impeachment approved by the House Judiciary Committee on December 11, 1998 against President Bill Clinton “Impeachment is about to get a Robert Mueller reprise,” Politico, 11/22/19“Must Impeachable Offenses Be Violations of the Criminal Code?,” Lawfare, 11/19/19SENATE IMPEACHMENT TRIAL Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials, 1986Material from the impeachment of President Bill Clinton, which includes the rules that governed the Senate trial, 1/13/99 “Senate impeachment trial to test chief justice who has tangled with Trump,” The Washington Post, 11/5/19DEVIN NUNES-UKRAINE ALLEGATIONS “Lev Parnas Helped Rep. Devin Nunes’ Investigations,” The Daily Beast, 11/21/19“Exclusive: Giuliani associate willing to tell Congress Nunes met with ex-Ukrainian official to get dirt on Biden,” CNN, 11/22/19“Devin Nunes doubles down on promise to take CNN and Daily Beast to court: ‘It should be fun,’” Fox News, 11/24/19INSPECTOR GENERAL’S INVESTIGATION “Exclusive: Former FBI lawyer under investigation after allegedly altering document in 2016 Russia probe,” CNN, 11/21/19“Russia Inquiry Review Is Said to Criticize F.B.I. but Rebuff Claims of Biased Acts,” The New York Times, 11/22/19OUSTER OF NAVY SECRETARY“Navy secretary forced out by Pentagon chief over handling of Navy SEAL’s war crimes case,” The Washington Post, 11/25/19Letter to President Trump from Navy Secretary Richard Spencer acknowledging his “termination,” 11/24/19IUD OR IED?  “GQ Corrects Vindman Story After Saying He Was Injured By Birth Control Instead Of Explosive Device,” Daily Caller, 11/22/19

In this bonus clip from Stay Tuned, Carl Bernstein discusses who is actually advocating for Ukraine and Fox News.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Can I Get A Witness?,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The House Intelligence Committee completed its first set of public hearings last week featuring startling testimony from diplomats Bill Taylor, George Kent, and Marie Yovanovitch. -- In a closed-door deposition on Friday, State Department aide David Holmes testified to a troubling call he overheard between EU Ambassador Gordon Sondland and President Trump. -- The public will hear from eight more witnesses this week, including Ambassador Sondland who has first-hand knowledge of key events under investigation.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFLECTIONS ON LAST WEEK’S PUBLIC HEARINGSRadio host Rush Limbaugh called Bill Taylor and George Kent “self-important nerds,” 11/13/19 Fox News host Jeanine Pirro criticized George Kent’s sartorial choices, 11/17/19“AP Explains: What’s wrong with hearsay evidence in Congress?,” AP, 11/15/19“Why Trump’s “state of mind” will be key in impeachment,” Quartz, 11/2/19THE QUESTIONERS’ STRATEGIES“Meet the two seasoned staff prosecutors now in impeachment spotlight,” NBC News, 11/15/19“GOP woman gets outsized role at impeachment hearing,” AP, 11/16/19“Elise Stefanik’s Questioning During Impeachment Hearings Draws GOP Cheers,” The Wall Street Journal, 11/16/19House resolution (H.Res.660) outlining procedures for the impeachment inquiry into the president, 10/31/19PUBLIC TESTIMONY OF GEORGE KENT & BILL TAYLOR Transcript of Kent’s and Taylor’s public hearing before the House Intelligence Committee on November 13 “5 takeaways from Bill Taylor’s and George Kent’s impeachment testimony,” The Washington Post, 11/13/19CLOSED-DOOR TESTIMONY OF DAVID HOLMES Opening statement of David Holmes during his closed-door testimony before the House Intelligence Committee on November 15“A Friday night surprise: David Holmes throws a wrench in Trump’s impeachment defense,” The Washington Post, 11/16/19“Russian spies likely intercepted ambassador’s cell phone call with Trump,” CNN, 11/14/19Full transcript of October 17 testimony of Gordon Sondland, U.S. Ambassador to the E.U., 11/6/19Sondland’s addendum to his October 17 testimony, 11/4/19PUBLIC TESTIMONY OF MARIE YOVANOVITCH Memorandum of July 25 call between President Trump and Ukrainian President Volodymyr Zelensky, 9/24/19 Transcript of Yovanovitch’s public hearing before the House Intelligence Committee on November 1518 USC § 1512: Tampering with a witness, victim, or an informantTrump’s tweet criticizing Yovanovitch while she testified, 11/15/19“Trump Attack on Envoy During Testimony Raises Charges of Witness Intimidation,” The New York Times, 11/15/19Trump’s tweet calling Jennifer Williams, an aide to Vice President Mike Pence, a “Never Trumper,” 11/17/19Stay Tuned with Preet: Impeachment Hearing & The Story of America (with Jill Lepore), 11/14/19  WEEK 2 OF PUBLIC HEARINGS“Impeachment Public Hearings Week 2 — Who Is Testifying And What Happens Next,” NPR, 11/18/19House Intelligence Committee Chairman Adam Schiff’s tweet announcing that eight more witnesses will publicly testify, 11/12/19“Senior national security official ties key official more closely to Trump on Ukraine in impeachment inquiry,” The Washington Post, 11/16/19ROGER STONE FOUND GUILTYIndictment of Roger Stone, 1/24/19“From Organization 1 to Person 2: Who’s Who in the Roger Stone Indictment,” The Wall Street Journal, 1/25/19“Roger Stone guilty on all counts of lying to Congress, witness tampering,” The Washington Post, 11/15/19

In this bonus clip from Stay Tuned, Jill Lepore discusses Harvard Law Professor and former Faculty Dean Ronald Sullivan Jr., what we can learn today from famed lawyer Clarence Darrow, and her personal essay, "The Lingering of Loss." Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Impeachment: The Opening Act,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- Senior diplomats Bill Taylor and George Kent are set to testify on Wednesday and we’ll hear from former U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch on Friday.-- Issues of executive privilege and immunity stand in the way of testimony from key witnesses, including former National Security Adviser John Bolton and Acting Chief of Staff Mick Mulvaney.-- News reports indicate an evolving GOP defense strategy that includes distancing the President from witnesses who allege a quid pro quo with Ukraine.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES AND SUPPLEMENTAL MATERIALSVETERAN’S DAY “Veterans Day: Trump Returns to N.Y. for Parade, to Cheers and Boos,” The New York Times, 11/11/19 ANNE’S BUTT TWEET "Rudy Giuliani butt-dials NBC reporter, heard discussing need for cash and trashing Bidens,” NBC News, 10/25/19“Rep. Weiner says lewd Twitter photo was sent by hacker; recipient tells of ‘outlandish’ backlash,” The Washington Post, 5/29/11 EXECUTIVE PRIVILEGE & IMMUNITY LAWSUITFormer Deputy National Security Advisor and Acting National Security Advisor Charles Kupperman’s complaint seeking declaratory judgment as to whether he is lawfully obliged to comply with House subpoena, DC District Court, 10/25/19 The House of Representatives’ notice of mootness and motion to vacate briefing schedule (withdrawing Charles Kupperman’s subpoena), DC District Court, 11/6/19 “Charles Kupperman subpoena withdrawn by House as it asks judge to dismiss lawsuit over his testimony,” The Washington Post, 11/6/19“Mulvaney asks to join lawsuit over conflicting demands for impeachment testimony,” The Washington Post, 11/9/19“Bolton Said to Know of ‘Many Relevant Meetings’ on Ukraine, but Will Not Testify,” The New York Times, 11/8/19Definition of “forum shopping,” Legal Information Institute “Intel Chairman Adam Schiff: Trump aides’ refusal to testify adds to potential impeachment evidence,” CNBC, 11/4/19 BOOKS BY FMR TRUMP ADMIN. OFFICIALS“AP sources: Former Trump adviser John Bolton has a book deal,” The Associated Press, 11/10/19“Nikki Haley claims top aides tried to recruit her to ‘save the country’ by undermining Trump,” The Washington Post, 11/10/19 IMPEACHMENT HEARINGS “Public impeachment hearings scheduled for this week: Here's what you need to know,” CNN, 11/11/19 “We Read All 2,677 Pages of Ukraine Testimony So You Don't Have To,” Lawfare, 11/11/19Testimony from William “Bill” Taylor, Chargé D'affaires for the U.S. State Department in Ukraine (transcript and key excerpts), 10/22/19Testimony from George Kent, Deputy Assistant Secretary, European and Eurasian Bureau at the U.S. Department of State (transcript and key excerpts), 10/15/19Testimony from Marie “Masha” Yovanovitch, former U.S. Ambassador to Ukraine (transcript and key excerpts), 10/11/19“Pompeo Faces Political Peril and Diplomats’ Revolt in Impeachment Inquiry,” The New York Times, 11/4/19“Power Up: Republicans’ witness wish list designed to put maximum pressure on Democrats,” The Washington Post, 11/11/19QUID PRO QUO “High crimes and misdemeanors” is a phrase from Section 4 of Article II of the U.S. Constitution Definition of “bribery,” Legal Information Institute “What Is a Quid Pro Quo?,” The New York Times, 10/18/19 OFFENSES & DEFENSES“Trump, Ukraine And The Path To The Impeachment Inquiry: A Timeline,” NPR, 10/12/19Ambassador to the European Union Gordon Sondland’s addendum to his October 17 testimony, 11/4/19“Trump involved Pence in efforts to pressure Ukraine’s leader, though officials say vice president was unaware of allegations in whistleblower complaint,” The Washington Post, 10/2/19“Trump Doesn’t Need to Commit a Crime to Be Kicked Out of Office,” The New York Times (Neal K. Katyal Op-Ed), 9/25/19“Ukraine’s Zelensky Bowed to Trump’s Demands, Until Luck Spared Him,” The New York Times, 11/7/19“Nikki Haley says she doesn't think Trump will be removed from office,” CBS News, 11/8/19David Frum’s tweet about failed crimes warranting harsh punishment, 11/2/19Trump’s tweet saying that “nothing was done wrong” on “perfect” call, 11/10/19 BILL BARR’S INVESTIGATIONS“Justice Dept. trying to finish report on Russia probe before Thanksgiving,” The Washington Post, 11/5/19“It’s too late to save yourself now, Bill Barr,” The Washington Post (Dana Milbank Op-Ed), 11/7/19

In this bonus clip from Stay Tuned, Errol Morris reveals how reading the paper helped him find a subject for one of his films, the most-hated interview question, and more.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “House Rules,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The impeachment inquiry into President Trump passed a significant milestone with the first formal vote on the floor of the House of Representatives on Thursday, shifting the impeachment process into a more public phase.-- House investigators continue to depose witnesses in closed-door hearings as the DC District Court is deciding in two separate cases whether former Trump officials have “absolute immunity” from congressional subpoenas.-- While historical parallels are rarely exact, a look at past presidential impeachment inquiries may help the House Judiciary Committee to shape the articles of impeachment in the next stage of the process.-- On Saturday, the Justice Department complied with a court order and released its first installment of primary-source documents related to then-Special Counsel Robert Mueller’s investigation, which include stunning admissions from key figures in Trump’s 2016 presidential campaign.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALS2020: A LEAP YEAR & THE PRESIDENTIAL ELECTION “What is a Leap Year?,” NBC News, 2/17/19Election countdown 2020 trackerTRUMP’S FLORIDA RESIDENCYTrump’s tweet on 10/31 announcing that he will make Palm Beach, Florida his permanent residenceTrump’s tweet on 11/1 complaining about New York City’s leadership“Trump, Lifelong New Yorker, Declares Himself a Resident of Florida,” The New York Times, 10/31/19MUELLER’S 302 REPORTSThe Justice Department’s first installment of primary documents related to Mueller’s investigation (“302 reports”), 11/1/19The Mueller Report’s Secret Memos,” BuzzFeed, 11/2/19“Internal Mueller documents show Trump campaign chief pushed unproven theory Ukraine hacked Democrats,” The Washington Post, 11/2/19“Feds release Flynn interview notes,” Politico, 11/1/19 (court filing here)HOUSE INQUIRY VOTEHouse resolution (H.Res.660), resolution fact sheet, and House Judiciary Committee impeachment inquiry procedures, 10/31/19“A Divided House Endorses Impeachment Inquiry Into Trump,” The New York Times, 10/31/19“What’s in the House Resolution on Impeachment?,” Lawfare, 10/30/19“Pelosi will get more out of today’s impeachment inquiry vote than Republicans. Here’s why,” The Washington Post, 10/31/19“Democrats pivot from private inquiry of Trump to public case for impeachment,” The Washington Post, 11/2/19“Kellyanne Conway calls Democrats’ bluff on impeachment, claims ‘they don't have the votes’” Fox News, 10/31/19“Defining Impeachment Down,” The Wall Street Journal, 10/31/19“Glengarry Glen Ross,” 1992 film referenced in Preet’s October 30th CAFE Insider NoteCONGRESSIONAL TESTIMONIESTrump’s tweet alleging that House Intelligence Chairman Adam Schiff will modify deposition transcripts, 11/3/19“Trump’s awful new ‘transcript’ tweets demonstrate how his propaganda works,” The Washington Post, 11/4/19“House Democrats Release Transcripts of Yovanovitch, McKinley Impeachment Testimony,” The Wall Street Journal, 11/4/19Director for European Affairs for the U.S. National Security Council, Lt. Col. Alexander Vindman’s Opening Statement, 10/29/19“Trump allies attack loyalty of impeachment inquiry witness because he was born in Ukraine,” The Washington Post, 10/29/19“White House official who heard Trump’s call with Ukraine leader testified that he was told to keep quiet,” The Washington Post, 11/1/19“White House official on Ukraine call wasn't concerned ‘anything illegal’ occurred,” CBS News, 10/31/19 (includes Opening Statement of Timothy Morrison, outgoing senior director of European and Russian affairs at the National Security Council and a deputy assistant to the president)Stay Tuned with Preet: The Prosecution (with Patrick Fitzgerald), 6/7/18Tracker of requests or subpoenas for documents and witness testimony, The New York Times “John Bolton’s former deputy asks judge to resolve conflicting demands for House impeachment testimony,” The Washington Post, 10/31/19ROBERT BORKThe Atlantic Senior Politics Editor, Yoni Appelbaum’s Twitter thread about Robert Bork’s adamant support of presidential impeachment in 1998“How Robert Bork's Failed Nomination Led to a Changed Supreme Court,” History.com, 10/28/18

In this bonus clip from Stay Tuned, Edward Norton discusses movies, casting decisions, whether Preet would be a good film noir character, and what the O.J. Simpson documentary taught him.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Baghdadi Dies & Impeachment Quickens,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- Elusive ISIS leader Abu Bakr al-Baghdadi was killed in a U.S. special operations raid in Idlib, Syria-- District Court Judge Beryl Howell ordered the Justice Department to turn over to the House Judiciary Committee grand jury materials former Special Counsel Robert Mueller’s investigation-- Key witnesses continue to testify in the impeachment inquiry, including Bill Taylor, the top U.S. diplomat to Ukraine, who confirmed last week that President Trump conditioned military aid to Ukraine on investigations that could help him politically-- The New York Times report that John Durham’s investigation into the origins of the FBI’s Trump-Russia probe has evolved into a criminal inquiry, raising a range of unanswered questions-- Rudy Giuliani is reportedly the target of two federal investigations and subject of two pocket dialing mishaps We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSSTAY TUNED LIVE TOUR IN COLORADOTweet by Moms Demand Action founder Shannon Watts sharing a picture with former Colorado Governor John Hickenlooper backstage before the Stay Tuned live show in Denver, 10/24/19President Trump’s remarks at a shale-energy conference in Pittsburgh where he said that “a big beautiful wall” would be built in Colorado, 10/23/19Preet’s Tweet commenting on Trump’s Colorado Wall remarkDEATH OF ABU BAKR AL-BAGHDADI  “President Trump: ISIS leader Abu Bakr al-Baghdadi is dead,” CNN, 10/27/19“Bin Laden court case dismissed,” The Washington Post, 6/17/11IMPEACHMENT UPDATES Closed-door House proceedings Rules of the House of Representatives, 114th Congress (Rule XI: Procedures of Committees and Unfinished Business) House Intelligence Committee Chairman Adam Schiff’s “Dear Colleagues” October 16 letter“House Democrats look to take impeachment probe public as soon as mid-November,” The Washington Post, 10/23/19GOP stormed the SCIF “Republicans storm closed-door impeachment hearing as escalating Ukraine scandal threatens Trump,” The Washington Post, 10/23/19“Republicans Stormed Into The Impeachment Investigation's Secure Room, And It Was Absolute Madness,” BuzzFeed, 10/23/19“GOP ‘Storming’ of Secure Facility for Impeachment Proceedings: An Explainer,” Just Security, 10/23/19"National Security Figures to Testify: Impeachment Update,” Bloomberg, 10/23/19District Court Judge Howell’s ruling Memorandum Opinion Granting the Application of the Committee on the Judiciary, U.S. House of Representatives, U.S. District Court for the District of Columbia, Judge Beryl Howell, 10/25/19“Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory,” The New York Times, 10/25/19Unchecked presidential power“Trump couldn't be charged for a Fifth Avenue shooting while in office, his lawyer argues,” CNN, 10/23/19 (audio clip of Trump attorney William Consovoy’s exchange with Judge Chin)“Second Circuit Court of Appeals: ‘Trump v. Vance’ Oral Argument On Turning Over Trump’s Tax Returns,” RealClear Politics, 10/23/19Congressional testimoniesOpening statement of Ambassador Bill Taylor to impeachment investigators, 10/22/19“6 Key Revelations of Taylor’s Opening Statement to Impeachment Investigators,” The New York Times, 10/22/19E.U. Ambassador Gordon Sondland’s opening statement to Congress, 10/17/19Complaint, Kupperman v. House of Representatives of the U.S.A. et al., U.S. District Court for the District of Columbia, 10/25/19Letter from chairs of the House committees on Intelligence, Foreign Affairs, and Oversight to Charles Kupperman’s attorneys stating that their client remains legally obligated to comply with a subpoena and appear for a deposition on Monday, October 28th, 10/26/19“Bolton’s former deputy fails to show up for Hill deposition as he seeks court ruling to resolve dispute over testifying,” The Washington Post, 10/28/19“Executive privilege mentioned in case of Giuliani associates,” The Washington Post, 10/23/19DURHAM’S CRIMINAL INVESTIGATION Attorney General’s guidelines on general crime investigations, Justice.gov"Justice Dept. Is Said to Open Criminal Inquiry Into Its Own Russia Investigation,” The New York Times, 10/24/19“Justice Department watchdog says highly anticipated FISA report is ‘nearing completion’,” CBS News, 10/24/19“Barr personally asked foreign officials to aid inquiry into CIA, FBI activities in 2016,” The Washington Post, 9/30/19RUDY GIULIANI’S MISHAPS“Giuliani probe snowballs,” Politico, 10/25/19“Is Rudy Giuliani going to jail?,” Politico, 10/24/19“Giuliani associates Lev Parnas and Igor Fruman plead not guilty in campaign finance case,” The Washington Post, 10/23/19“Rudy Giuliani butt-dials NBC reporter, heard discussing need for cash and trashing Bidens,” NBC News, 10/25/19

In this bonus clip from Stay Tuned, Cameron Douglas discusses his tattoos, defines justice, and poses a question to Preet.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Mick Mulvaney's Mess,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- President Trump’s announcement that the U.S. would no longer host next year’s G7 summit at the Trump National Doral Miami resort, after coming under criticism from Democrats and Republicans;-- Acting White House Chief of Staff Mick Mulvaney’s walk-back of his quid pro quo Ukraine comments made at a press conference last week; and-- Depositions of more State Department officials by House Democrats, as evidence mounts about what’s being described as “shadow foreign policy” being carried out by Rudy Giuliani on behalf of the President. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSROMNEY’S SECRET TWITTER ACCOUNT“This Sure Looks Like Mitt Romney’s Secret Twitter Account (Update: It Is),” Slate, 10/20/19“The Liberation of Mitt Romney,” The Atlantic, 10/20/19“Mitt Romney, ‘Pierre Delecto’ And The Strategy Of Anonymously Criticizing Trump,” NPR, 10/21/19MULVANEY’S PRESS CONFERENCEActing Chief of Staff Mick Mulvaney’s press conference (video and transcript), 10/17/19Mick Mulvaney’s interview on Fox News Sunday with Chris Wallace, 10/20/19Trump Doral & The G7“What Is the Emoluments Clause?,” Encyclopedia Britannica“Trump was already violating the emoluments clause. Grabbing the G-7 is even worse,” The Washington Post, 10/18/19“Trump Has Just the Place for the Next G7 Meeting: His Own Golf Resort,” The New York Times, 8/28/19President Trump’s tweet announcing that the G7 in 2020 would no longer be held at the Trump National Doral resort in Florida, 10/19/19“How Mark Burnett Resurrected Donald Trump as an Icon of American Success,” The New Yorker, 12/27/18Quid Pro Quo AdmissionThe Congressional Budget and Impoundment Control Act of 1974, Congress.gov“Mulvaney Says, Then Denies, That Trump Held Back Ukraine Aid as Quid Pro Quo,” The New York Times, 10/17/19Trump’s “perfect call” tweet, 10/1/19Letter sent by U.S. Senators Dick Durbin (D-IL), Bob Menendez (D-NJ), and Patrick Leahy (D-VT) to the General Prosecutor of Ukraine in 2018 raising their concerns that the Trump Administration could unduly pressure Ukraine into obstructing the Mueller investigation by withholding funding, 5/4/18TRUMP’S LETTER TO ERDOGANTweet by Fox News’ Trish Regan attaching a copy of Trump’s October 9th letter to Turkish President Recep Tayyip Erdoğan about the crisis in Syria, 10/16/19ARTICLES OF IMPEACHMENT“The House’s contempt powers explained,” Constitution Daily, 5/7/19 “So You Want to Impeach the President,” Lawfare, 9/24/19“Impeachment probe goes beyond Ukraine to lying and obstruction of justice, House lawyer says,” CNN, 10/8/19“‘Bribery’ is right there in the Constitution. Trump could be impeached for that,” The New York Times, 10/20/19“Bill Barr’s Witch Hunt,” Just Security, 10/17/19“Review of Russia Inquiry Grows as F.B.I. Witnesses Are Questioned,” The New York Times, 10/19/19Adam Schiff’s parody of Trump’s July 25 call with Ukrainian President Volodymyr Zelensky at National Intelligence Director Joseph Maguire’s hearing, 9/26/19CONGRESSIONAL TESTIMONIESTracker of requests or subpoenas for documents and witness testimony, The New York Times Gordon Sondland’s prepared remarks before the House Committees on Foreign Affairs, Intelligence, and Oversight, 10/17/19“Gordon Sondland, E.U. Envoy, Testifies Trump Delegated Ukraine Policy to Giuliani,” The New York Times, 10/17/19“Senior State Dept. Ukraine Expert Says White House Sidelined Him,” The New York Times, 10/15/19“Perry rejects congressional subpoena, insists resignation not related to Ukraine,” ABC News, 10/18/19“SHADOW DIPLOMACY”“Giuliani pursued shadow Ukraine agenda as key foreign policy officials were sidelined,” The Washington Post, 9/24/19“Shadow Dancing,” song by Andy Gibb (younger brother of the Bee Gees: Barry, Robin, and Maurice Gill), 1978

In this bonus clip from Stay Tuned, Anand Giridharadas continues the discussion about pronunciation and his idea of the "model plutocrat."Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Rudy in the Middle,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The testimony of former U.S. Ambassador to Ukraine Marie Yovanovitch and former senior director for European and Russian Affairs, Fiona Hill-- The expected Thursday testimony of Gordon Sondland, Ambassador to the European Union-- The reported investigation into Rudy Giuliani and the indictment of his associates by the U.S. Attorney’s Office for the Southern District of New York-- Reports that Trump asked then-Secretary of State Rex Tillerson to intervene in the criminal case against Reza Zarrab, an Iranian-Turkish gold trader linked to Turkish president Recep Tayyip Erdoğan. We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSANNE’S AQUARIUM TOURFrom the latest stop: Anne’s picture of 33-year-old penguin named Charlie at the Georgia AquariumIMPEACHMENT INQUIRY Impeachment provisions of the Constitution: Article I, sections 2 and 3“Trump Challenges House On Impeachment Vote. Pelosi Says She's Unmoved,” National Public Radio, 10/4/19“President Trump has made 13,435 false or misleading claims over 993 days,” Washington Post, 10/14/19“Schiff’s false claim his committee had not spoken to the whistleblower,” Washington Post, 10/4/19“Adam Schiff says whistleblower may not testify in impeachment probe,” Politico, 10/13/19The White House Letter Pat Cipollone’s letter to the House Democratic leadership, 10/8/19George Conway’s interview on Stay TunedConway’s tweet about Cipollone’s letter, 10/8/19“Trump’s Favorite Impeachment Lawyer Is ...Trump Himself,” The Daily Beast, 10/12/19Fiona Hill’s testimony“Bolton Objected to Ukraine Pressure Campaign, Calling Giuliani ‘a Hand Grenade,’” New York Times, 10/14/19“Trump's former Russia aide met with White House lawyer over Giuliani,” Politico, 10/14/19“Trump’s ex-Russia adviser told impeachment investigators of Giuliani’s efforts in Ukraine,” Washington Post, 10/15/19Marie Yovanovitch’s testimony “Read Marie Yovanovitch's prepared deposition statement,” Washington Post, 10/11/19“Ousted ambassador Marie Yovanovitch tells Congress Trump pressured State Dept. to remove her,” Washington Post, 10/11/19Expected testimony from Gordon SondlandFifth Amendment of The Constitution, Legal Information Institute“Read the text message excerpts between U.S. diplomats, Giuliani and a Ukrainian aide,” Washington Post, 10/4/19“Trump’s envoy to testify that ‘no quid pro quo’ came from Trump,” Washington Post, 10/12/19“‘If you’re innocent, why are you taking the Fifth?’ Trump said — years after invoking it himself,” Washington Post, 5/23/17RUDY GIULIANI, TRUMP’S “PERSONAL LAYWER” Foreign Agents Registration Act (FARA), Department of Justice“Foreign Agents Registration Act: An Overview,” Congressional Research Service, 3/7/19The Logan Act, U.S. Code § 953: Private correspondence with foreign governments, Legal Information Institute“Giuliani Is Said to Be Under Investigation for Ukraine Work,” New York Times, 10/11/19“Federal Prosecutors Scrutinize Rudy Giuliani’s Ukraine Business Dealings, Finances,” Wall Street Journal, 10/14/19"Trump tells reporters he doesn’t know if Giuliani is still his attorney,” Washington Post, 10/11/19INDICTMENT OF GIULIANI ASSOCIATESIndictment: United States of America v. Lev Parnas, Igor Fruman, David Correia, and Andrey Kulushkin, 10/10/19“Lev Parnas And Igor Fruman Charged With Conspiring To Violate Straw And Foreign Donor Bans,” U.S. Attorney’s Office for the Southern District of New York Press Release, 10/10/19“Two Giuliani Associates Who Helped Him on Ukraine Charged With Campaign-Finance Violations,” Wall Street Journal, 10/10/19“Here Are Rudy Giuliani’s Various Claims About His Ties to the Two Men Arrested Wednesday,” Mother Jones, 10/11/19“Rudy Giuliani’s Two Indicted Associates Could Have a Lot to Say,” New Yorker, 10/11/19REX TILLERSON, FORMER SECRETARY OF STATE“Trump Urged Top Aide to Help Giuliani Client Facing DOJ Charges,” Bloomberg, 10/9/19“Trump asked Tillerson to help broker deal to end U.S. prosecution of Turkish trader,” Washington Post, 10/10/19Turkey, Iran, gold, Giuliani and Trump: A guide to the case of Reza Zarrab, Washington Post, 10/10/19“The Talk of Turkey? A Politically Charged Trial in New York,” New York Times, 11/26/17DANCING WITH THE STARSDonald Trump tweet about Sean Spicer, 10/14/19

In this bonus clip from Stay Tuned, George Conway discusses being camera shy, how Trump’s presidency has brought people together, Twitter philosophies, and more.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Crooked Diplomacy,” co-hosts Preet Bharara and Anne Milgram break down the evolving Trump-Ukraine scandal, newly released text messages between State Department officials, and President Trump’s calls for China’s assistance in investigating Joe and Hunter Biden.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSTHE IMPEACHMENT INQUIRY“MULTIPLE” WHISTLEBLOWERS“2nd whistleblower comes forward after speaking with IG: Attorney,” ABC News, 10/6/19“2nd Official Is Weighing Whether to Blow the Whistle on Trump’s Ukraine Dealings,” New York Times, 10/4/19Whistleblower lead counsel Andrew Bakaj’s tweet confirming representation of “multiple whistleblowers,” 10/6/19 Definition of “multiple,” Merriam-Webster DictionaryTrump tweets in response to second whistleblower reports, 10/5/19Trump tweets that his call with Ukrainian President Zelensky was “perfect,” 9/27/19“Trump Attacks Whistle-Blower’s Sources and Alludes to Punishment for Spies,” New York Times, 9/26/19“IRS whistleblower said to report Treasury political appointee might have tried to interfere in audit of Trump or Pence,” Washington Post, 10/3/19ENERGY SECRETARY RICK PERRYSen. Bob Menendez (D-NJ) of the Senate Committee on Foreign Relations sent a letter to Energy Secretary Rick Perry requesting information about his visits to Ukraine, 10/1/19“Scoop: Trump pins Ukraine call on Energy Secretary Rick Perry,” Axios, 10/5/19“Trump associates pressured Ukraine over gas firm in order to benefit allies: report,” The Hill, 10/6/19“Rick Perry expresses ‘regret’ for pledging to abolish Energy Department,” Washington Post, 9/19/17“The play-by-play of Rick Perry's 'DWTS' debut,” CNN, 9/13/16“Sean’s Spicy Salsa,” New York Times, 9/19/19TRUMP & GOP DEFENSES Preet’s tweet reacting to Trump’s “I am only interested in corruption. I don’t care about politics” comment, 10/5/19Eamon Javers asks Trump if he ever asked foreign leaders to investigate someone who isn’t his political opponent, 10/4/19“Republicans recycle defense that Trump was joking about China investigating the Bidens,” Washington Post, 10/7/19“Rep. Jim Jordan won't say if Trump asking China to investigate Biden is appropriate,” ABC News, 10/6/19“Trump-Ukraine debate between Ron Johnson, Chuck Todd analyzed,” MSNBC, 10/6/19“Marco Rubio Says Trump Was Joking When He Asked China to Investigate Biden: ‘Not a Real Request’,” Mediaite, 10/4/19“‘I think I’d take it’: In exclusive interview, Trump says he would listen if foreigners offered dirt on opponents,” ABC News, 6/13/19“How to start a movement (featuring the dancing guy),” Derek Sivers TED Talk, February 2010 STATE DEPT. TEXT MESSAGES“Read the Text Messages Between U.S. and Ukrainian Officials,” New York Times, 10/4/19“Read Kurt Volker’s opening statement for testimony in Trump impeachment inquiry,” Vox, 10/4/19 [Text of Volker’s opening statement] “Kurt Volker, Ukraine and a Turbulent End in the Trump Administration,” New York Times, 10/5/19“Kurt Volker resigns as executive director of McCain Institute,” Politico, 10/7/19“The U.S. diplomat who questioned Trump’s Ukraine scheme,” Politico, 10/4/19“How Gordon Sondland, a wealthy hotelier turned ambassador, became the latest key player in the Ukraine inquiry,” Washington Post, 10/4/19“Trump Ordered Ukraine Ambassador Removed After Complaints From Giuliani, Others,” Wall Street Journal, 10/3/19“From ‘America’s mayor’ to Trump’s pit bull: Rudy Giuliani emerges as central figure in Ukraine firestorm,” USA Today, 9/27/19“Ukrainians understood Biden probe was condition for Trump-Zelensky talks, says former Ukrainian adviser,” ABC News, 9/25/19“Ukraine’s president needs to repair ‘damage’ with Europe after the Trump call scandal,” CNBC, 10/1/19SECRETARY OF STATE MIKE POMPEO“Pompeo: 'I was on the phone call' with Trump and Ukrainian President,” CNN, 10/2/19VP MIKE PENCEJoint request from House Intelligence, Foreign Affairs and Oversight committees for impeachment inquiry documents from Vice President Mike Pence, 10/4/19 “Trump involved Pence in efforts to pressure Ukraine’s leader, though officials say vice president was unaware of allegations in whistleblower complaint,” Washington Post, 10/2/19“Pence defends Trump’s calls for Ukraine to investigate Biden,” The Hill, 10/3/19“Spiro Agnew’s Lawyer: Mike Pence Should Be Worried About Impeachment Too,” TIME, 10/4/19UPCOMING DEPOSITIONS“House Committees Subpoena White House for Ukraine Documents,” Lawfare, 10/4/19“What’s next in the Trump impeachment inquiry, and will Trump cooperate with it?,” Washington Post, updated in real time (subpoena/depositions calendar) “Schiff: Trump administration stonewalling will be taken as evidence of obstruction,” The Hill, 10/2/19TRUMP CALLS ON CHINA“Trump says China should investigate the

In this bonus clip from Stay Tuned, David Remnick continues the conversation about Steve Bannon's rescinded invitation to participate in last year's New Yorker festival, elitism, and the one thing about which he agrees with Trump. Thank you for being a member of the CAFE Insider community. 

In this episode of the CAFE Insider podcast, "Impeachment Momentum," co-hosts Preet Bharara and Anne Milgram break down the whirlwind of news surrounding the Trump-Ukraine whistleblower scandal and the renewed email probe of Hillary Clinton’s aides at the State Department.We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSTHE IMPEACHMENT INQUIRYRUDY GIULIANI “Giuliani Subpoenaed for Ukraine Documents as Next Step in Impeachment Inquiry,” House Intelligence Committee press release, 9/30/19 (letter and subpoena schedule)Clip of Giuliani on Fox News’ “The Ingraham Angle” holding up cellphone saying “it’s all here, right here,” 9/24/19Anne Milgram’s tweet about subpoenaing Giuliani’s phone, 9/25/19Clip of Giuliani’s contradictory statements about Ukraine on CNN’s “Cuomo Prime Time,” 9/20/19Clip of Giuliani saying he wouldn’t cooperate or testify before the House Intelligence Committee with Adam Schiff as chairman on ABC’s “This Week,” 9/29/19 “Ukrainians understood Biden probe was condition for Trump-Zelensky talks, says former Ukrainian adviser,” ABC News, 9/25/19“Giuliani says Trump did not pay for his globetrotting push for Biden probe,” Reuters, 9/29/19“Attorney-Client Privilege,” Legal Information Institute“Giuliani Cannot Rely on Attorney-Client Privilege to Avoid Congressional Testimony,” Lawfare, 9/30/19“Giuliani works for foreign clients while serving as Trump’s attorney,” Washington Post, 7/10/18EFFECTIVE QUESTIONING & MEDIA APPEARANCES“It was chaos, and then a real lawyer showed up,” Washington Post, 9/18/19“Mike Pompeo gave a very evasive answer when asked about the Ukraine call,” CNN, 10/1/19Clip of Stephen Miller, senior adviser to President Trump, on “Fox News Sunday” with Chris Wallace, 9/29/19Clip of Jake Tapper fact-checking Rep. Jim Jordan on CNN’s “State of the Union,” 9/29/19“Biden campaign demands networks stop booking Giuliani,” Politico, 9/29/19HEARSAY & THE WHISTLEBLOWER’S COMPLAINT“Hearsay,” Legal Information InstituteThe whistleblower’s complaint, 9/26/1950 U.S. Code § 3033: Inspector General of the Intelligence Community, Legal Information InstituteMemorandum of President Trump’s July 25 phone call with Ukrainian President Volodymyr Zelensky, 9/25/19Office of the Inspector General of the Intelligence Community’s Statement on Processing of Whistleblower Complaints, DNI.gov, 9/30/19Sen. Lindsey Graham’s hearsay tweet, 9/28/19“Trump’s ‘hearsay’ defense plays right into Democrats’ hands,” Washington Post, 9/30/19“Fact check: Were whistleblower rules changed before Ukraine complaint?,” NBC News, 9/30/19 before Ukraine complaint?TRUMP’S REACTIONS & THE WHISTLEBLOWER’S IDENTITYTrump’s tweet suggesting that House Intelligence Committee Chairman Adam Schiff should be arrested for treason, 9/30/19“Fact check: Breaking down Adam Schiff's account of Trump's Ukraine call,” CNN, 9/27/19 Trump’s tweet about “deserving” to meet the whistleblower, 9/29/19“White House Knew of Whistle-Blower’s Allegations Soon After Trump’s Call With Ukraine Leader,” New York Times, 9/26/19“Why The Times Published Details of the Whistle-Blower’s Identity,” New York Times, 9/26/19“Deep Throat’s identity was a mystery for decades because no one believed this woman,” New York Times, 9/27/19RECORDS OF TRUMP’S CALLSU.S. Department of Justice Office of International Affairs, Justice.gov“I helped classify calls for two presidents. The White House abuse of the system is alarming,” Washington Post, 9/29/19“White House restricted access to Trump’s calls with Putin and Saudi crown prince,” CNN, 9/28/19“Trump Pressed Australian Leader to Help Barr Investigate Mueller Inquiry’s Origins,” New York Times, 10/1/19“Barr personally asked foreign officials to aid inquiry into CIA, FBI activities in 2016,” Washington Post, 9/30/19NRA“N.R.A.’s LaPierre Asks Trump to ‘Stop the Games’ Over Gun Legislation in Discussion About Its Support,” New York Times, 9/27/19HILLARY CLINTON EMAIL PROBE“READ: Letter from State Department to former employee about investigation into Hillary Clinton’s emails,” CNN, 9/29/19“State Dept. intensifies email probe of Hillary Clinton’s former aides,” Washington Post, 9/28/19

In this bonus clip from Stay Tuned, Samantha Power discusses the night President Obama offered her the job of United States Ambassador to the United Nations, the impetus for her memoir, Obama’s temperament, her conflicting feelings about Burmese leader Aung San Suu Kyi, and more. Thank you for being a member of the CAFE Insider community. 

If you'd like to start listening from where you left off, go to 14:55.Preet and Anne break down the significant developments in the Ukraine / whistleblower story that's at the center of House Democrats' impeachment inquiry into President Trump.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSUKRAINE & THE WHISTLEBLOWER DOCUMENTS & STATEMENTSThe White House’s released memorandum of a July 25th telephone conversation between Trump and Ukrainian President Volodymyr ZelenskyThe Department of Justice’s Office of Legal Counsel’s opinion about the whistleblower complaint, 9/24/19Acting Director of National Intelligence Joseph Maguire’s statement about the whistleblower, 9/25/19“Joint Statement from Committee Chairs on Release of Ukraine Call Record,” Committee on Oversight and Reform“Read Nancy Pelosi's full remarks as she called for an impeachment inquiry of President Trump,” USA Today, 9/24/19“Watch: Trump holds press conference after Ukraine call notes released,” CNBC, 9/25/19“GOP Sen. Sasse slams all parties' responses to whistleblower report,” Axios, 9/25/19“Graham Statements on Impeachment and The Release of Transcripts,” Senator Lindsey Graham, 9/25/19Trump tweet about whistleblower’s counsel having donated to Biden, 9/25/19President Trump’s meeting with Ukrainian President Volodymyr Zelensky at the UN General in New York City, 9/25/19COVERAGE & ANALYSIS“Trump offered Ukrainian president Justice Dept. help for Biden investigation, memo shows,” Washington Post, 9/25/19“Trump ordered hold on military aid days before calling Ukrainian president, officials say,” Washington Post, 9/23/19“Trump Asks Ukraine’s Leader to ‘Do Us a Favor’ and Also Urges Inquiry of Biden,” New York Times, 9/25/19“Trump Meets With Ukraine’s President and Denies Pressuring Him to Investigate Biden,” New York Times, 9/25/19“Pelosi Tells Trump: ‘You Have Come Into My Wheelhouse,’” The New York Times, 9/25/19“Democrats look to narrow impeachment focus to Trump-Ukraine scandal,” Politico, 9/25/19“Acting director of national intelligence threatened to resign if he couldn’t speak freely before Congress on whistleblower complaint,” Washington Post, 9/25/19“Who is the Ukraine Whistleblower’s Attorney?,” Newsweek, 9/25/19“Trump Says ‘I’d Take It’ if Russia Again Offered Dirt on Opponent,” The New York Times, 6/12/2019“Must Bill Barr Abide Ethics Advice on Recusal? A Debate,” Lawfare, 1/22/19“Stark Contrasts Between the Mueller Report and Attorney General Barr’s Summary,” American Constitution Society

On this episode of the CAFE Insider podcast, "Whistleblower Uproar," co-hosts Preet Bharara and Anne Milgram break down the troubling reports that President Trump pressed Ukraine’s new president to investigate Joe Biden and his son, Hunter Biden, and then blocked Congress from seeing a whistleblower complaint that allegedly details a “promise” Trump made to a foreign leader.They also discuss former campaign manager Corey Lewandowski’s revealing testimony last week before the House Judiciary Committee. REFERENCES & SUPPLEMENTAL MATERIALSTHE WHISTLEBLOWER COMPLAINTBATTLE FOR WHISTLEBLOWER’S COMPLAINT50 U.S. Code § 3033: Inspector General of the Intelligence Community, Legal Information InstituteInspector General of the Intelligence Community (IGIC) Michael Atkinson’s first letter to the House Intelligence Committee regarding a withheld whistleblower complaint, 9/9/19IGIC Atkinson’s second letter to the House Intelligence Committee articulating his disagreement with the determination by the acting Director of National Intelligence Joseph Maguire that the whistleblower complaint should not be disclosed to Congress, 9/17/19House Intelligence Committee Chairman Adam Schiff’s letter to acting DNI Maguire requesting the whistleblower complaint, 9/10/19Chairman Schiff’s subpoena and accompanying letter issued to acting DNI Maguire to compel disclosure of the whistleblower complaint, 9/13/19 General Counsel for the Office of the Director of National Intelligence (ODNI) Jason Klitenic’s letter to Chairman Schiff stating that despite Schiff’s subpoena, Acting DNI Joseph Maguire would not testify nor immediately provide the whistleblower complaint to the Committee, 9/17/19Utah Senator Mitt Romney’s tweet about Trump’s alleged actions, 9/22/19House Speaker Nancy Pelosi’s Statement on Whistleblower Complaint, 9/20/19“Three House Committees Launch Wide-Ranging Investigation into Trump-Giuliani Ukraine Scheme,” House Intelligence Committee press release, 9/9/19“Acting intelligence chief agrees to testify after subpoena,” Washington Post, 9/18/19COVERAGE & ANALYSIS"Trump's communications with foreign leader are part of whistleblower complaint that spurred standoff between spy chief and Congress, former officials say," Washington Post, 9/18/19"Whistleblower complaint about President Trump involves Ukraine, according to two people familiar with the matter," Washington Post, 9/19/19“The Mysterious Whistleblower Complaint: What Is Adam Schiff Talking About?,” Lawfare, 9/17/19Lawfare’s Jack Goldsmith’s twitter thread, 9/19/19“Trump Repeatedly Pressed Ukraine President to Investigate Biden’s Son,” Wall Street Journal, 9/21/19“Whistle-Blower Complaint Is Said to Involve Trump and Ukraine,” New York Times, 9/19/19“How the DNI-Congress feud puts intelligence and democracy in danger,” Washington Post, 9/19/19“Why the alleged Joe Biden ‘Ukraine conspiracy’ doesn’t hold up,” Washington Post, 5/8/19“Timeline in Ukraine Probe Casts Doubt on Giuliani’s Biden Claim,” Bloomberg, 5/7/19“Trump’s freeze on Ukraine aid draws new scrutiny amid push for Biden investigation,” Washington Post, 9/20/19“The Witness and the Whistleblower: Some Thoughts,” Lawfare, 9/20/19“As Trump Confirms He Discussed Biden With Ukraine, Pressure to Impeach Builds,” New York Times, 9/22/19ADMINISTRATION’S RESPONSE “Remarks by President Trump Before Marine One Departure,” White House, 9/22/19Trump’s “pitch perfect” tweet, 9/20/19“Giuliani admits to asking Ukraine about Joe Biden after denying it 30 seconds earlier,” Washington Post, 9/20/19CNN’s Jake Tapper interview with U.S. Treasury Secretary Steve Mnuchin, CNN, 9/22/19COREY LEWANDOWSKI“Corey Lewandowski Testimony Before House Judiciary Committee,” C-SPAN, 9/17/19“Key Moments From Corey Lewandowski’s Testimony Before Congress,” New York Times, 9/17/19“It was chaos, and then a real lawyer showed up,” Washington Post, 9/18/19Stay Tuned episode with Garry Kasparov and transcript

In this bonus clip from Stay Tuned, Susan Hennessey explains how Lawfare got its name, if Trump is making the office of the presidency stronger, why she’s still optimistic about the future, and more.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, "Scandal Survey: Donald, Brett, Andy, Felicity," co-hosts Preet Bharara and Anne Milgram discuss:-- The reporting about a potential indictment of former Deputy FBI Director Andrew McCabe-- Concerns raised by spending at President Trump’s hotels-- Actress Felicity Huffman’s 14-day jail sentence for her role in the college admissions scandal-- A New York Times article about sexual harassment allegations made against Justice Brett Kavanaugh from his time as a Yale undergraduate studentWe hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.REFERENCES AND SUPPLEMENTAL MATERIALSAndrew McCabe Andrew McCabe’s lawyer Michael Bromwich’s letter to Jessie Liu, U.S. Attorney for the District of Columbia, 9/12/199-11.120: Power of a grand jury limited by its function, DOJ Justice Manual“True bill” definition, Legal Information Institute“Types of Juries,” United States Courts“On the Mystery of the McCabe Grand Jury,” Lawfare, 9/13/19“Andrew McCabe’s legal team asks Justice Dept. if grand jury rejected charges in his case,” Washington Post, 9/13/19 “Prosecutors recommend indicting Andrew McCabe over 'lack of candor' about media leaks,” Politico, 9/12/19Spending at Trump propertiesDonald J. Trump’s tweets addressing the accusations that he’s enriching himself, 9/16/19Donald Trump’s tweet: PLENTY OF OIL!, 9/15/19Donald Trump’s tweet about meeting with Iran’s leaders, 9/15/19“What Is the Emoluments Clause?,” Encyclopedia Britannica“The Text and History of the Foreign Emoluments Clause,” Constitutional Accountability Center, 2018The United States Court of Appeals for the Second Circuit decision, Citizens for Responsibility and Ethics in Washington v. Trump (2019)“U.S. Appeals Court Reinstates Emoluments Case Against Trump,” New York Times, 9/13/19“Air Force says it sent crews to Trump’s Scottish resort up to 40 times,” Politico, 9/12/19“McCarthy defends military stopovers at Trump's Scottish resort: 'It's just like any other hotel,'” Politico, 9/10/19“Pence stays at Trump's Doonbeg resort hours away from official meetings,” CNN, 9/4/19“Trump Has Just the Place for the Next G7 Meeting: His Own Golf Resort,” New York Times, 8/26/19“When Trump visits his clubs, government agencies and Republicans pay to be where he is,” Washington Post, 6/20/19“DoJ: Christie spent big on hotels,” Politico, 11/9/10“$16 for a Muffin?! A Justice Department Boondoggle,” The Atlantic, 9/20/11Felicity Huffman sentencedThe plea agreement United States v. Felicity Huffman“By Turns Tearful and Stoic, Felicity Huffman Gets 14-Day Prison Sentence,” New York Times, 9/13/19Justice Brett Kavanaugh “Brett Kavanaugh Fit In With the Privileged Kids. She Did Not.,” New York Times, 9/14/19“New York Times apologizes for ‘inappropriate and offensive’ tweet about Kavanaugh sexual misconduct allegation,” Washington Post, 9/16/19Mike Pence“Pence claims a prized racehorse bit him. The farm manager who was there isn’t buying it.,” Washington Post, 9/13/19