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CAFE Insider

CAFE Insider

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Ep 42Stay Tuned Bonus 09/12: Brenda Berkman

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In this bonus clip from Stay Tuned, retired FDNY Captain Brenda Berkman discusses the challenges of firefighting in New York City, the aftermath of 9/11, and her work with the Monumental Women campaign.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSThe Monumental Women Campaign

Sep 12, 201912 min

Ep 42CAFE Insider 09/09: DOJ, KSM, OLC

In this episode of the CAFE Insider podcast, "DOJ, KSM, OLC," co-hosts Preet Bharara and Anne Milgram discuss:-- The Justice Department’s reported antitrust inquiry into four automakers’ agreement with California to adhere to stricter auto emissions standards than the levels required by federal law and sought by the Trump administration.-- The protracted prosecution of 911 mastermind Khalid Sheikh Mohammad whose military trial is set to begin in January 2021 at the US Naval facility in Guantanamo Bay, Cuba.-- The Office of Legal Counsel (OLC), often described as the “Supreme Court of the Executive Branch,” which has created what critics call a body of “secret law” in violation of democratic principles. 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 AND SUPPLEMENTAL MATERIALSTHE US OPEN“Rafael Nadal Defeats Daniil Medvedev in the Best U.S. Open Men’s Final of This Century,” New Yorker, 9/9/19“In U.S. Open final, Bianca Andreescu beats Serena Williams, and history, and the crowd,” Washington Post, 9/7/19DOJ ANTI-TRUST INVESTIGATIONClean Air Act of 1970“Transcript of Sherman Anti-Trust Act (1890),” Our Documents“Clean Air Act Overview,” United States Environmental Protection Agency“US: Section 177 States,” TransportPolicy“Vehicle Emissions California Waivers and Authorizations,” United States Environmental Protection Agency  “Justice Department Launches Antitrust Probe Into Four Auto Makers,” Wall Street Journal, 9/6/19“Justice Dept. Investigates California Emissions Pact That Embarrassed Trump,” New York Times, 9/6/19 “White House Prepares to Revoke California’s Right to Set Tougher Pollution Rules,” New York Times, 9/5/19“A Cruel Parody of Antitrust Enforcement,” New York Times, 9/6/19Former US Attorney and Professor Barbara McQuade’s tweet, 9/6/19“U.S. Loses Appeal Seeking to Block AT&T-Time Warner Merger,” New York Times, 2/26/199/11 & THE TRIAL OF KHALID SHEIK MOHAMMED (KSM)Preet’s tweet about the trial, 8/30/19Military Commissions Act of 2006Military Commissions Act of 2009“President Issues Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” The White House Archive“How Military Commissions Work,” Office of Military Commissions“U.S. Court of Military Commission Review (USCMCR) History,” Office of Military CommissionsHamdan v. Rumsfeld (2006), OyezBoumediene v. Bush (2008), Oyez “Courts: A Brief Overview,” Federal Judicial Center“A Guide to Appellate and Collateral Review Under the Military Commissions Acts,” Lawfare, 4/4/13“Military Judge Sets January 2021 Trial Date for Accused 9/11 Conspirators,” Wall Street Journal, 8/30/19“Lawyers Press Case That 9/11 Confessions Given to F.B.I. Are Tainted,” New York Times, 7/29/19“The Trial,” New Yorker, 2/3/10OFFICE OF LEGAL COUNSEL (OLC)Francis v. DOJ (August 2019), KnightColumbia.org“Opinions,” The United States Department of Justice Office of Legal Counsel“The Office of Legal Counsel and Secret Law,” Just Security, 7/18/17Justice Manual, The United States Department of Justice“Other People’s Money – Chapter V: What Publicity Can Do,” Louis D. Brandeis School of Law Library“Justice Department opinions take on the force of law — but are not, in fact, the law,” Washington Post, 5/31/19“I worked in the Justice Department. I hope its lawyers won’t give Trump an alibi,” Washington Post, 1/10/19“A Guide to the Memos on Torture,” New York Times Archive“Torture Memos Released,” CBS News, 4/16/09“The Nation; The Struggle Over the Torture Memos,” New York Times, 8/15/04INVESTIGATION INTO TRUMP PROPERTIES“Air Force leaders order probe of Trump resort stays,” Politico, 9/8/19Preet’s tweet advising the House to “Scorch the earth,” 9/6/19MARK SANFORD CHALLENGE “Mark Sanford announces Trump primary challenge: GOP 'has lost our way,'” Fox News, 9/8/19“Former S.C. congressman Mark Sanford announces Republican primary challenge against Trump,” Washington Post, 9/8/19Trump tweet about Sanford and “The Three Stooges," 9/9/19Trump tweet about Sanford’s reason for being in Argentina, 8/27/19"Dumb and Dumber" (1994), IMDb

Sep 9, 201954 min

Stay Tuned Bonus 09/05: George Packer

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In this bonus clip from Stay Tuned, George Packer discusses deckle edge paper, the taboo of former officials criticizing a sitting President, and the role of political ideology today.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSGeorge Will interview on Stay Tuned"Trump attacks Obama for statement on shootings," Politico, 8/6/19

Sep 5, 20198 min

Ep 39CAFE Insider 09/03: Ethics: Comey, McCabe, Barr

In this episode of the CAFE Insider podcast, "Ethics: Comey, McCabe, Barr," co-hosts Preet Bharara and Anne Milgram discuss:-- The Inspector General’s report concluding that former FBI Director James Comey violated bureau policy by disclosing memos documenting his interactions with President Trump-- The New York Times report that the Justice Department is close to deciding whether to charge former Deputy FBI Director Andrew McCabe for lying to federal agents-- Attorney General Bill Barr’s decision to host a family holiday party at the Trump International Hotel in Washington, D.C., for some $30,000We 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 MATERIALSHURRICANE DORIAN“Hurricane Dorian threatens the US,” CNN Live UpdatesClip: “DC Chef José Andrés Is in the Bahamas, 'Ready' to Help After Hurricane Dorian,” NBC Washington, 9/1/19 ODESSA, TX SHOOTINGAsha Rangappa’s tweet thread on background checks, 9/1/19“West Texas Shooting Spree Terrorized Two Towns and Killed 7,” New York Times, 9/1/1923 U.S.C. § 158: National minimum drinking age, Legal Information InstituteJAMES COMEYReport of Investigation of Former Federal Bureau of Investigation Director James Comey's Disclosure of Sensitive Investigative Information and Handling of Certain Memoranda, Office of the Inspector General, August 2019“Full text: James Comey testimony transcript on Trump and Russia,” Politico, 6/8/17“FBI's Interview Report Form FD-302,” Thomson Reuters Practical LawColumbia Law School’s tweet, 6/8/17Donald Trump’s tweet calling Comey a “dishonest fool,” 8/30/19Donald Trump’s tweet quoting Jason Chaffetz, 9/1/19Donald Trump’s tweet featuring an image of Iran’s Imam Khomeini Space CenterRod Rosenstein’s tweet reacting to the IG report, 8/29/19“What That Comey Email Report Really Says,” Lawfare, 8/29/19Harry Litman: “James Comey helped save democracy when he wrote his memos,” Washington Post, 8/29/19Barbara McQuade: “Comey says the DOJ IG report vindicates him. Trump says he's 'horrible.' So who's right?,” NBC News, 8/30/19“Preet Bharara Links Firing to Trump Team’s ‘Helter-Skelter Incompetence,’” New York Times, 4/6/17ANDREW MCCABE“Prosecutors Near Decision on Whether to Seek an Andrew McCabe Indictment,” New York Times, 8/26/19Office of the Inspector General report: “A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe,” (February 2018)BILL BARR“Barr books Trump’s hotel for $30,000 holiday party,” Washington Post, 8/27/19George Conway’s tweet, 8/27/19Walter Shaub’s tweet, 8/31/10LAUGHING CHALLENGEDonald Trump’s tweet, “Has anyone noticed that the top shows on @foxnews and cable ratings are those that are Fair (or great) to your favorite President, me! Congratulations to @seanhannity for being the number one shoe on Cable Television!” 8/31/19

Sep 3, 20191h 0m

Stay Tuned Bonus 08/29: Michael Bennet

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In this bonus clip from Stay Tuned, Senator Michael Bennet discusses partisanship in the Senate, why he doesn't support free college or loan forgiveness, where Vice President Joe Biden is wrong, and NASCAR Jesus. Thank you for being a member of the CAFE Insider community. 

Aug 29, 20198 min

Ep 41CAFE Insider 08/26: Town Call

Today, we're sharing the audio from a recent CAFE Insider Town Call. Preet hopped on the phone for 40 minutes and answered questions in real time from randomly selected members of the CAFE Insider community.In a wide-ranging Q&A, Preet addressed deceased sex trafficker Jeffrey Epstein, the rule of law, the 2020 election, his favorite lawyer joke, and even the next Bharara family vacation spot.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.Next week, our regular CAFE Insider episode will be released on Tuesday, 9/3 in observance of Labor Day.REFERENCES & SUPPLEMENTAL MATERIALSStay Tuned 2019 fall tour: cafe.com/tour"Why the Jeffrey Epstein Investigation Is Not Over," New York Times, 8/11/19"Trump’s tax returns required under new California election law," LA Times, 7/30/19

Aug 26, 201940 min

Stay Tuned Bonus 08/22: Michael Sandel

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In this bonus clip from Stay Tuned, Harvard political philosophy professor Michael Sandel discusses the global hunger for debate, his celebrity status in China, and why he calls for progressive patriotism.Thank you for being a member of the CAFE Insider community. 

Aug 22, 20196 min

Ep 40CAFE Insider 08/19: Prosecutor v. Prosecutor

In this episode of the CAFE Insider podcast, "Prosecutor v. Prosecutor," Preet and Anne discuss:-- The New York City medical examiner’s announcement on Friday that Jeffrey Epstein’s death was a suicide by hanging;-- U.S. Attorney William McSwain’s statement blaming the shooting of police officers in Philadelphia on District Attorney Larry Krasner and accusing him of fostering a “culture of disrespect” toward law enforcement;-- Kansas federal prosecutors held in contempt of court in connection to an investigation into their improper access to confidential phone conversations between criminal defendants and their attorneys;-- President Trump’s interest in buying Greenland, a proposition he compared to a “large real estate deal.” REFERENCES & SUPPLEMENTAL MATERIALSBRUCE SPRINGSTEEN“Blinded by the Light,” IMBD, 2019JEFFREY EPSTEIN Letters exchanged between Metropolitan Correctional Center Warden Lamine N’Diaye and SDNY Judge Richard Berman, 8/10/19-8/12/19 “Jeffrey Epstein Autopsy Results Show He Hanged Himself in Suicide,” New York Times, 8/16/19“Jeffrey Epstein’s former cellmate cleared of wrongdoing in incident that preceded his death,” NBC News, 8/16/19“The Gall of Ghislaine Maxwell,” New Yorker, 8/16/19“Jeffrey Epstein’s gal pal Ghislaine Maxwell spotted at In-N-Out Burger in first photos since his death,” New York Post, 8/15/19PHILADELPHIA SHOOTING“Statement by United States Attorney William M. McSwain on the Shooting of Six Philadelphia Police Officers,” US Attorney’s Office Eastern District of Pennsylvania, 8/15/19“Attorney General William P. Barr Delivers Remarks at the Grand Lodge Fraternal Order of Police’s 64th National Biennial Conference,” Department of Justice, 8/12/19“The Case for More Incarceration,” William Barr, October 28, 1992, NCJRS.govClip of U.S. Attorney William McSwain discussing District Attorney Larry Krasner on Fox News, 6/10/19“The Trump Justice Department’s war on progressive prosecutors, explained,” Vox, 8/16/19“Philadelphia Federal Prosecutor Blames Police Shooting on ‘Culture of Disrespect,’” Wall Street Journal, 8/15/19“Suspect surrenders after 6 officers are wounded in Philadelphia standoff,” NBC News, 8/14/19 “Larry Krasner’s Campaign to End Mass Incarceration,” New Yorker, 10/22/181999 Consent Decree in United States v. State of New Jersey“Oversight of New Jersey State Police Is Ended,” New York Times, 9/21/09“U.S. Will Monitor New Jersey Police on Race Profiling,” New York Times, 12/23/99KANSAS U.S. ATTORNEY’S OFFICE U.S. District Court Judge Julie Robinson’s ruling in the case of United States v. Carter, 8/13/19 The Sixth Amendment to the U.S. Constitution, Legal Information Institute18 U.S. Code § 3500: Demands for production of statements and reports of witnesses, Legal Information Institute“Attorney-Client Privilege,” Legal Information Institute“Federal judge holds U.S. attorney’s office in contempt in probe of recorded attorney-client calls,” American Bar Association, 8/15/19“Warrants and Privilege: Legal Questions About the Raids on Trump’s Lawyer,” New York Times, 4/10/18GREENLAND“Trump reportedly wants to buy Greenland. So did the Truman administration.,” Washington Post, 8/16/19“‘Greenland Is Not for Sale’: Trump’s Talk of a Purchase Draws Derision,” New York Times, 8/16/19“Denmark Offers to Buy U.S.,” New Yorker, 8/16/19“This interactive map shows how ‘wrong’ other maps are,” Washington Post, 8/18/15Clip from the 1987 movie The Princess Bride (“unemployed in Greenland!”)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. 

Aug 19, 201952 min

Ep 39Stay Tuned Bonus: Michael Waldman

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In this bonus clip from Stay Tuned, Waldman discusses the myth of voter fraud, gerrymandering, and his time as a speechwriter for President Bill Clinton. • Brennan Center for Justice Report: “The Truth About Voter Fraud” • President Trump’s tweet claiming that millions of people illegally voted in the 2016 presidential election, 11/27/2016 • “The Voter-Fraud Myth,” New Yorker, 10/29/2012 • "The wordsmith behind Clinton's TelePrompTer," Christian Science Monitor, 08/10/1999  • Rucho v. Common Cause (2018)  • “The State of Redistricting Litigation,” Brennan Center for Justice, 8/2/2019 • “What is Gerrymandering? And Why Did the Supreme Court Rule It?,” NYT, 6/27/2019

Aug 15, 201910 min

Ep 37CAFE Insider 08/12: The Death of Jeffrey Epstein

In this episode of the CAFE Insider podcast, “The Death of Jeffrey Epstein” is now available. Preet and Anne break down:The apparent suicide of disgraced financier Jeffrey EpsteinUnlawful termination lawsuits filed by two former FBI officials, Andrew McCabe and Peter StrzokICE raids at Mississippi food processing plants that swept up hundreds of undocumented workersREFERENCES & SUPPLEMENTAL MATERIALSEPSTEIN’S DEATHFederal Bureau of Prisons Suicide Prevention Manual, bop.gov, 4/5/07Statement from Attorney General William P. Barr on the Death of Jeffrey Epstein, justice.gov, 8/10/19Statement of Manhattan U.S. Attorney on the Death of Defendant Jeffrey Epstein, justice.gov, 8/10/19Statement from the Federal Bureau of Prisons on Jeffrey Epstein’s death, Twitter, 8/10/19“Before Jail Suicide, Jeffrey Epstein Was Left Alone and Not Closely Monitored,” NYT, 8/11/19“‘We need answers. Lots of them.’ What’s known and what’s next after Jeffrey Epstein’s death,” Washington Post, 8/11/19“Unsealed documents show allegations against Jeffrey Epstein and his inner circle,” CNN, 8/11/19Some of the unsealed documents in a lawsuit brought by Epstein’s alleged victim, Virginia Roberts Giuffre, against Ghislaine Maxwell: here and here “A Horrifying Death in a Horrifying Jail,” Slate, 8/10/19MCCABE & STRZOK LAWSUITS 18 U.S. Code § 1001: Making false statements18 U.S. Code § 1621: PerjuryAndrew McCabe v. Attorney General William Barr et al., filed in the U.S. District Court for the District of Columbia on August 8, 2019Peter Strzok v. Attorney General William Barr et al., filed in the U.S. District Court for the District of Columbia on August 6, 2019A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe, Office of the Inspector General, U.S. Department of Justice, February 2018“Andrew McCabe and Peter Strzok are both suing the Justice Department,” Vox, 8/8/19ICE RAIDSStatement by the Department of Justice U.S. Attorney’s Office Southern District of Mississippi, justice.gov, 8/8/19“White House tells ICE to conduct dozens more workplace enforcement operations, source says,” CNN, 8/9/19“Prosecutors pick their battles. I chose not to pursue an ICE raid in Alabama,” Joyce Vance, Washington Post, 8/9/19“Mississippi Immigration Raids Lead To Arrests Of Hundreds Of Workers,” NPR, 8/7/19“ICE agents raid Miss. work sites, arrest 680 people in largest single-state immigration enforcement action in U.S. history,” Washington Post, 8/7/19

Aug 12, 20191h 1m

Stay Tuned Bonus 08/08: David Miliband

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In this bonus clip from Stay Tuned, Miliband discusses Prime Minister’s Questions, Oxford, his time in politics, his definition of Justice, China, and more.Prime Minister's Questions News Overview, ParliamentHistory of British Parliament"Why have so many prime ministers gone to Oxford University?" BBC News, 10/05/2016"Labour lost election because voters turned against big state," The Telegraph, 08/03/2010Overview of 1992-1994 Commission on Social Justice

Aug 8, 20197 min

Ep 39CAFE Insider 08/05: Ending Gun Violence

In this latest episode of the CAFE Insider podcast, “Ending Gun Violence," Preet and Anne focus on:The two tragic mass shootings in El Paso, Texas and Dayton, Ohio that left 31 people dead and dozens injured, reviving calls for stricter gun laws.The California bill that would force presidential candidates to release their tax returns in order to appear on the State’s 2020 primary ballot. Texas Rep. John Ratcliffe’s withdrawal from consideration to be the next Director of National Intelligence.American rapper A$AP Rocky’s return to the U.S. from Sweden after his trial for assault.REFERENCES & SUPPLEMENTAL MATERIALSMASS SHOOTINGS18 U.S. Code § 2331(5): Definition of “Domestic Terrorism” “How the USA Patriot Act Redefines Domestic Terrorism,” ACLUOverview of “Open Carry” Laws, The Giffords Law Center to Prevent Gun Violence“Gunman killed sister, eight others in second deadly U.S. mass shooting in 24 hours,” Washington Post, 8/4/2019“Massacre at a Crowded Walmart in Texas Leaves 20 Dead,” NYT, 8/3/2019“’How do you stop these people?’: Trump’s anti-immigrant rhetoric looms over El Paso massacre,” Washington Post, 8/4/2019“It’s Time for Congress to Make Domestic Terrorism a Federal Crime,” Lawfare, Mary McCord, 12/5/2018Transcript of “Stay Tuned with Preet” interview with gun control advocate Shannon Watts, March 2018CALIFORNIA BILL REQUIRING CANDIDATES’ TAX RETURNSCalifornia Senate Bill No. 27: Presidential Tax Transparency and Accountability Act, filed on July 30, 2019Press Release from California Governor Gavin Newsom’s Office, 7/30/2019Proposals for Reform Report by the National Task Force on the Rule of Law & Democracy, Brennan Center for Justice, September 2018“Why California’s plan to get Trump’s tax returns won’t work,” Washington Post, 8/2/2019“The Central Issue in the Constitutional Challenge to CA’s New Law Denying Ballot Access to Presidential Candidates Unless They Disclose Their Tax Returns,” Election Law Blog, 7/30/2019“California Just Passed a Law That Could Force Trump to Release His Tax Returns,” Mother Jones, 7/30/2019 “CA Senate Passes Bill to Force Presidential Candidates to Release Tax Returns to be on State Ballot,” California Globe, 5/6/2019RATCLIFFE & DNIIntelligence Reform and Terrorism Prevention Act of 2004: Section 103A(a)(6) states that the Deputy Director of National Intelligence shall step in for the Director of National Intelligence during absence, disability, or vacancy. Tweet from President Trump announcing that Rep. John Ratcliffe will remain in Congress, 8/2/2019Tweet from Rep. John Ratcliffe announcing that he withdrew from consideration to be Director of National Intelligence, 8/2/2019“Whistleblower Allegations Surfaced Just Before DNI Pick John Ratcliffe Withdrew,” Daily Beast, 8/2/2019“Trump casts uncertainty over top intelligence role,” The Hill, 8/2/2019“Trump’s pick to lead U.S. intelligence claims he arrested 300 illegal immigrants in a single day. He didn’t.” Washington Post, 8/1/2019A$AP ROCKYTweet from President Donald Trump about A$AP Rocky’s return to the U.S., 8/2/2019 “U.S. warned Sweden of ‘negative consequences’ if ASAP Rocky wasn’t released” NBC News, 8/3/2019“A$AP Rocky Released by Swedish Court Pending Verdict After Trial,” Bloomberg, 8/2/2019ERIC GARNER “NYPD officer Daniel Pantaleo in Eric Garner’s chokehold death should be fired, judge recommends,” NBC News, 08/02/2019Thank you for being a part of the CAFE Insider community.

Aug 5, 201958 min

Ep 38Stay Tuned Bonus 07/31: Michael Morell

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In this Stay Tuned bonus clip, Michael Morell discusses classification of information, how FISA oversight works, and more. Thank you for being a member of the CAFE Insider community.

Aug 1, 20197 min

Ep 38CAFE Insider 07/29: Mueller Testimony Aftermath

On this episode of the CAFE Insider podcast, “Mueller Testimony Aftermath," Preet and Anne discuss:The disagreement among lawmakers on how to proceed after former Special Counsel Robert Mueller’s marathon congressional testimony last week.President Trump’s announcement that he will nominate Rep. John Ratcliffe of Texas—who had a fiery performance during Robert Mueller’s testimony—to replace Director of National Intelligence Dan Coats.The Justice Department’s decision to reinstate the federal death penalty.They also address Jeffrey Epstein’s jail injuries and Trump’s unfruitful efforts to release American rapper A$AP Rocky from a Swedish jail. REFERENCES & SUPPLEMENTAL MATERIALSMUELLER TESTIMONY AFTERMATH“Rule 6(e) The Grand Jury: Recording and disclosing the proceedings,” Legal Information Institute“More than 100 House Democrats want to open an impeachment inquiry into Trump,” Washington Post, 7/29/19“Mueller’s Testimony: The Baton Passes to Congress,” Lawfare, 7/24/19RUSSIAN INTERFERENCE IN U.S. ELECTIONS“Report on the Russian Active Measures Campaigns and Interference in the 2016 U.S. Election,” Volume 1, Senate Intelligence Committee, 7/25/19Preet’s tweet about Trump & Putin’s discussion to form an “impenetrable Cyber Security unit” in 2017, 7/28/19“Mitch McConnell blocks election security legislation,” CBS News, 7/26/19“Russians probably targeted election systems in all 50 states, Senate panel’s report says,” Washington Post, 7/25/19DIRECTOR OF NATIONAL INTELLIGENCEDirector of National Intelligence Dan Coats’ resignation letter, 7/28/19“Dan Coats, who often clashed with Trump over Russian election interference, is out as national intelligence director,” Chicago Tribune, 7/29/19“Trump to nominate Rep. John Ratcliffe to replace Dan Coats as DNI,” Axios, 7/28/19“Leon Panetta, CIA director, unanimously confirmed by Senate as defense secretary,” Washington Post, 6/21/11FEDERAL DEATH PENALTY Eighth Amendment to the U.S. Constitution, Legal Information Institute“Barr Won’t Get His Macabre Holiday Celebration,” The Atlantic, 7/26/19“Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse,” Department of Justice, 7/25/19“National Polls and Studies,” Death Penalty Information Center“Facts about the Death Penalty,” Death Penalty Information Center, 5/31/19“Obama Administration Steps Back From Effort to End Federal Death Penalty,” New York Times, 4/29/15“New Jersey Abolishes Death Penalty,” National Public Radio, 12/17/07JEFFREY EPSTEIN“Jeffrey Epstein found injured with marks on his neck in New York jail cell, sources say,” NBC News, 7/25/19A$AP ROCKY IN SWEDEN“Trump has displayed galling hypocrisy in the A$AP Rocky case,” Washington Post, 7/27/19“Trump Lashes Out at Sweden Over ASAP Rocky’s Detention,” New York Times, 7/25/19Thank you for being a part of the CAFE Insider community.

Jul 29, 201952 min

Ep 37Stay Tuned Bonus 07/25: Mueller Testimony

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In this Stay Tuned bonus, Preet and Anne continue their analysis of Mueller’s public testimony before the House Judiciary and Intelligence committees on Wednesday, July 24th. Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALS“President George W. Bush introduces Robert Mueller,” C-SPAN, 7/5/01“Robert Mueller Testifies Before Two House Committees,” C-SPAN, 7/24/19“READ: Robert Mueller's Opening Statement Before Congressional Hearings,” National Public Radio, 7/24/19“Document: The Mueller Report,” Lawfare, 4/18/19“Top Law and Intelligence Experts’ Views on Mueller Hearings,” Just Security, 7/24/19“Highlights of Robert Mueller’s Testimony to Congress,” New York Times, 7/24/19 

Jul 25, 201911 min

Ep 37CAFE Insider 07/22: Mueller Time, At Last

On this episode of CAFE Insider podcast, “Mueller Time, At Last," Preet and Anne focus on:Former Special Counsel Robert Mueller’s highly anticipated testimony on Wednesday before the House Judiciary and Intelligence committees.Newly unsealed documents in SDNY’s now-concluded hush money investigation into Michael Cohen that potentially implicate the President and his former aide Hope Hicks in violating the lawThey also address developments in the Jeffrey Epstein case, and Trump’s expected nomination of Eugene Scalia, son of the late Supreme Court Justice Antonin Scalia, to replace Alex Acosta as Secretary of Labor. REFERENCES & SUPPLEMENTAL MATERIALSROBERT MUELLEROn July 24th, watch Mueller’s testimony live before the House Judiciary Committee here and the House Intelligence Committee here“What I Would Ask Robert Mueller,” James Comey, Lawfare, 7/19/19“Dear Dems: Make Mueller’s Testimony About 2020, Not 2016,” Just Security, 7/19/19SDNY’S HUSH MONEY INVESTIGATION“READ: FBI documents from Michael Cohen investigation,” CNN, 7/18/19U.S. District Court Judge William Pauley’s July 17th order to unseal Cohen investigation search warrant documentsSDNY’s July 15th letter to Judge Pauley confirming an end to the investigation into Michael Cohen’s campaign finance violationsHouse Judiciary Committee Chairman Jerry Nadler’s July 18th letter to Hope Hicks“Feds’ probe into Trump hush money payments is over, judge says,” Politico, 7/17/19 “Jerry Nadler asks Hope Hicks to clarify her ‘inconsistent’ testimony about hush payments,” Vox, 7/19/19JEFFREY EPSTEINU.S. District Court Judge Berman’s July 18 decision & order denying bail and remanding Jeffrey Epstein“Jeffrey Epstein Is Denied Bail in Sex Crimes Case,” New York Times, 7/18/19EUGENE SCALIA“Trump to Nominate Eugene Scalia for Labor Secretary Job,” New York Times, 7/18/19ROBERT MORGENTHAU “Robert Morgenthau, Longtime Manhattan District Attorney, Dies at 99,” New York Times, 7/21/19We 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. 

Jul 22, 201953 min

Ep 36Stay Tuned Bonus 07/18: George Will

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In this bonus clip from Stay Tuned, George Will discusses how he and Elizabeth Warren differ, a President’s relationship with the public, the prospects for a third party challenger, his thoughts on Senator Ted Cruz, and more.Thank you for being a member of the CAFE Insider community.

Jul 18, 201911 min

Ep 36CAFE Insider 07/15: U.S. v Jeffrey Epstein

On this episode of the CAFE Insider podcast, “U.S. v. Jeffrey Epstein,” Preet and Anne discuss:The resignation of Labor Secretary Alex AcostaThe latest on the Epstein case, including bail argumentsReasons for delaying Robert Mueller’s congressional testimonyTrump’s tweets targeting democratic congresswomenThe administration’s announcement on the 2020 Census 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 AND SUPPLEMENTAL MATERIALSMUELLER’S TESTIMONY“Chairmen Nadler and Schiff Announce Special Counsel Mueller to Testify July 24,” Joint Statement, 7/12/19“House Democrats Postpone Mueller Testimony by One Week,” New York Times, 7/12/19“Justice Dept. Tells Mueller Deputies Not to Testify, Scrambling an Agreement,” New York Times, 7/9/19TRUMP’S TWEETSTrump’s July 14th tweet and July 15th tweet targeting Democratic congresswomen“Trump rejects criticism that his weekend tweet about four minority lawmakers was racist, says they ‘hate our country,’” Washington Post, 7/15/19ACOSTA’S RESIGNATIONAlex Acosta’s resignation letter“Remarks by President Trump Before Marine One Departure,” White House, 7/12/19“Labor Secretary Acosta News Conference,” C-SPAN, 7/10/19Former Palm Beach State Attorney Barry Krischer’s statement in response to Acosta’s press conferenceEPSTEIN’S CASEUnited States v. Jeffrey Epstein, the government’s bail memorandumUnited States v. Jeffrey Epstein, the defense’s bail memorandumDual and successive prosecution policy (“petite policy”), Justice Manual, 9-2.031Equal Protection, Legal Information Institute  “To Avoid Jail Before Trial, Epstein Offers Up His Mansion and Jet for Bail,” New York Times, 7/11/19“Epstein Paid $350,000 to Possible Witnesses Against Him, Prosecutors Say,” New York Times, 7/12/19“Jeffrey Epstein Is Indicted on Sex Charges as Discovery of Nude Photos Is Disclosed,” New York Times, 7/8/19“Jeffrey Epstein’s Sick Story Played Out for Years in Plain Sight,” Daily Beast, 7/9/192020 CENSUS“President Trump Remarks on Census Citizenship Question,” C-SPAN, 7/11/19The Supreme Court decision in Department of Commerce et al. v New York et al. (2019)SDNY Judge Jesse Furman’s opinion in the case, State of New York v. United States Department of Commerce (2019)“How Trump can mitigate the damage of folding on the census,” Washington Post, 7/13/19“Trump Says He Will Seek Citizenship Information From Existing Federal Records, Not the Census,” New York Times, 7/11/19

Jul 15, 20191h 0m

Ep 35Stay Tuned Bonus 07/11: Julián Castro

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In this bonus clip from Stay Tuned, Julián Castro discusses his campaign strategy, the prospects for immigration reform in a Republican-controlled Senate, Castro's favorite Godfather movie, and more. Thank you for being a member of the CAFE Insider community.

Jul 11, 20196 min

Ep 35CAFE Insider 07/08: Epstein & Con(Census)

In today's episode of CAFE Insider, “Epstein & Con(Census),” Preet and Anne break down:The sex trafficking case brought by SDNY prosecutors against disgraced billionaire Jeffrey Epstein who stands accused of sexually exploiting and abusing dozens of underage girls over a course of many yearsPresident Trump’s insistence on adding the citizenship question to the 2020 Census, despite the Supreme Court’s decision last month that halts the government from proceeding based on the rationale Secretary of Commerce Wilbur Ross provided for its inclusion. REFERENCES & SUPPLEMENTAL MATERIALSJEFFREY EPSTEIN SDNY US Attorney Geoffrey Berman’s press conference announcing the charges against Jeffrey Epstein and the accompanying press releaseJeffrey Epstein’s indictment filed by the Southern District of New York: United States of America v. Jeffrey Epstein18 U.S. Code § 1591: Sex trafficking of children or by force, fraud, or coercion18 U.S. Code § 371: Conspiracy to commit offense or to defraud United States18 U.S. Code § 1594: General provisions21 U.S. Code § 853: Criminal forfeitures28 U.S. Code § 2461: Mode of recoveryJeffrey Epstein’s Non-Prosecution Agreement with the U.S. Attorney’s Office for the Southern District of Florida, 2007SDNY Judge Kenneth Marra’s opinion holding that prosecutors violated the Crime Victims’ Rights Act in failing to disclose their non-prosecution agreement with Epstein, 2/21/19The Crime Victims’ Rights Act, 18 U.S. Code § 3771“Jeffrey Epstein Arrested for Sex Trafficking of Minors,” The Daily Beast, 7/7/19 “Nude Photos of Underage Girls Seized From Jeffrey Epstein Mansion,” New York Times, 7/8/19“How the Miami Herald investigated Jeffrey Epstein — and his many enablers,” Miami Herald, 11/28/18THE 2020 CENSUS & THE CITIZENSHIP QUESTION The Supreme Court decision in Department of Commerce et al. v New York et al. (2019)Transcript from the July 3rd census hearing before US District Court Judge George Hazel of Maryland Donald Trump’s July 2nd tweet about the Supreme Court’s decision regarding the 2020 CensusDonald Trump’s July 3rd tweet that he planned to move forward with adding a citizenship question to the 2020 census“Remarks by President Trump Before Marine One Departure,” White House, 7/5/19“Federal judge in Maryland blocks Trump administration’s plan to add citizenship question to 2020 Census,” Washington Post, 4/5/19“The worst part about DOJ’s reversal on the census is the lack of deliberation,” Washington Post, 7/4/19“Trump just admitted something he probably shouldn’t have about the census citizenship question,” Washington Post, 7/5/19“Judge To Review Claims Of Census Citizenship Question's 'Discriminatory' Origins,” National Public Radio, 7/5/19TRUMP’S FOURTH OF JULY SPEECH & TWITTER FUN“President Trump Speaks at 4th of July Celebration,” C-SPAN, 7/4/19“Donald Trump trips up on history in 4th of July speech, mentions airports during Revolutionary War,” USA Today, 7/4/19The tweet detailing the battle for gate C4, 7/4/19“Rep. Steve King steps into Twitter trap and shares tweet calling himself a white supremacist,” NBC News, 7/5/19Thank you for being a member of CAFE Insider.

Jul 8, 20191h 1m

Ep 34Stay Tuned Bonus 07/04: Heidi Schreck

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In this bonus clip from Stay Tuned, Heidi Schreck discusses the last time an amendment was ratified, historical crushes, her mother’s reaction to her play, and interpreting parental advice. Plus, Preet shares what his dad thought of his book, "Doing Justice."The bonus also features clips from Schreck’s play, What the Constitution Means to Me, and a compilation of Stay Tuned listener voicemails responding to the question: What does patriotism mean to you?Thank you for being a member of the CAFE Insider community.

Jul 4, 20199 min

Ep 34CAFE Insider 07/01: Judging the Jury

In this episode of CAFE Insider, Preet and Anne focus on: The majority opinion and the dissent in the Supreme Court’s recently decided Flowers v. Mississippi  The dos and don’ts of jury selectionTheir own courtroom war stories REFERENCES & SUPPLEMENTAL MATERIALSFLOWERS V. MISSISSIPPIFlowers v. Mississippi (2019), OyezAudio: The oral arguments in Flowers, C-SPAN, 3/20/19“Excluding Black Jurors in Curtis Flowers Case Violated Constitution, Supreme Court Rules,” New York Times, 6/21/19“Opinion analysis: Justices reverse death sentence for Mississippi inmate,” SCOTUSblog, 6/21/19THE U.S. CONSTITUTIONArticle III, Legal Information Institute14th Amendment, Legal Information InstituteJURY SELECTIONBatson v. Kentucky (1986), OyezJustice Brett Kavanaugh’s article: “Defense Presence and Participation: A Procedural Minimum for Batson v. Kentucky Hearings,” Yale Law Journal, 1989“Learn About Jury Service,” United States Courts TV show: “Bull,” CBSDOUBLE JEOPARDYGamble v. United States (2019), Oyez JUDGE ANNE THOMPSONJudge Anne Thompson’s appearance on CAFE Insider“Judge Anne Thompson has seen it all in a long career,” The Trentonian, 11/25/12 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.

Jul 1, 201946 min

Ep 33Stay Tuned Bonus 06/27: Rachel Barkow

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In this clip from Stay Tuned, Rachel Barkow discusses penal populism, the possibility of a pardon for Navy Seal Ed Gallagher, Justice Scalia’s judicial philosophy, why good writing matters for Supreme Court Justices, and cameras in the courtroom.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSED GALLAGHER“Trump May Be Preparing Pardons for Servicemen Accused of War Crimes,” New York Times, 5/18/19JUSTICE SCALIA“The Court after Scalia: A mixed bag on criminal law and procedure issues,” SCOTUSblog, 9/9/16

Jun 27, 20198 min

Ep 33CAFE Insider 06/24: Unsafe, Unsanitary, Untenable

In this episode of CAFE Insider, Preet and Anne discuss: The Justice Department’s argument against giving soap and toothbrushes to detained migrant childrenThe White House’s position that Hope Hicks has “absolute immunity” from testifying An unusual intervention by the Justice Department to spare Paul Manafort from Rikers Island jail  A book deal reportedly secured by a top prosecutor on Mueller’s team REFERENCES AND SUPPLEMENTAL MATERIALSDEMOCRATIC PRIMARY DEBATES “2020 primary debate guide: Everything you need to know ahead of the first Democratic showdown,” The Hill, 6/24/19FLORES LITIGATIONWatch the 9th Circuit Court proceedings regarding Jenny Flores v. William Barr, 6/18/19“Detained migrant children got no toothbrush, no soap, no sleep. It’s no problem, government argues.,” Washington Post, 6/21/19 Jenny Lisette Flores et all v. Janet Reno et al. Settlement Agreement (1997) “Unaccompanied Minors and the Flores Settlement Agreement: What to Know,” The National Conference of State Legislatures Blog, 10/30/18Flores v. Session (2017) opinionCentral District of California Judge Dolly Gee’s order in Flores v. Sessions (2017)  Vice President Mike Pence’s interview on CNN’s State of the Union and the transcript“9th Circuit to allow live video of hearings in major cases,” LA Times, 12/2/13PAUL MANAFORT“Paul Manafort Seemed Headed to Rikers. Then the Justice Department Intervened.,” New York Times, 6/17/19“Paul Manafort’s transfer from Rikers Island shows how corrupt the DOJ really is,” Washington Post, 6/19/19 Deputy Attorney General Jeffrey Rosen’s letter to Manhattan District Attorney Cy Vance regarding Manafort’s custodyLetters exchanged between Manafort’s attorney, Todd Blanche, FCI Lorretto Warden Vicky Moser, and the Manhattan District Attorney’s Office regarding Manafort’s custodyHOPE HICKSTranscript of Hope Hicks’ closed-door testimony before the House Judiciary Committee on June 19th “Nadler: Hope Hicks testimony is huge gift in legal battle with Trump,” Politico, 6/21/19US v. Nixon (1974) opinion Office of Legal Counsel opinion: “Immunity of the Former Counsel to the President From Compelled Congressional Testimony” (2007)White House Counsel Pat Cipollone’s June 18th letter to House Judiciary Committee Chairman Jerry Nadler regarding Hope Hicks’ June 19th testimony ANDREW WEISSMANN“Andrew Weissmann, a Top Mueller Prosecutor, Has a Book Deal,” New York Times, 6/21/19We 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.

Jun 24, 201953 min

Ep 32Stay Tuned Bonus 06/20: Ben Rhodes

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In this bonus clip from Stay Tuned, Ben Rhodes discusses the value of personal relationships between world leaders, if it’s possible to be overly aspirational in speeches, and his real-time reaction to Trump’s 2016 election.Thank you for being a member of the CAFE Insider community.REFERENCES AND SUPPLEMENTAL MATERIALS“Rare Harmony as China and U.S. Commit to Climate Deal,” New York Times, 9/3/16“A Timeline of Trump’s Strange Back-and-Forth With Kim Jong-un,” Rolling Stone, 2/26/19

Jun 20, 201912 min

Ep 32CAFE Insider 06/17: Law is for Losers

On today's episode of CAFE Insider, "Law is for Losers," Preet and Anne discuss: President Trump’s ABC News interview with George Stephanopoulos New developments in John Durham’s review into the origins of the Russia investigationMichael Flynn’s new attorney, a virulent critic of Mueller’s probeThe Office of Special Counsel’s recommendation to remove Kellyanne Conway for alleged violations of the Hatch ActThe Office of Legal Counsel’s new memo backing Treasury Secretary Mnuchin’s decision to resist House’s request for Trump’s tax returnsREFERENCES & SUPPLEMENTAL MATERIALSTRUMP’S ABC NEWS INTERVIEW “Transcript: ABC News' George Stephanopoulos' exclusive interview with President Trump,” ABC News, 6/16/19“Trump just mused openly about committing what might well be a crime,” Washington Post, 6/13/1952 USC § 30101: Definitions (From Title 52: Voting and Elections)52 USC § 30121: Contributions and donations by foreign nationals (From Title 52: Voting and Elections)“What Wray said about taking dirt from foreign government,” CNN, 6/12/19“Chris Coons Questions William Barr on Mueller Report,” C-SPAN, 5/1/19 (exchange starts at 6:49) “Read the Mueller Report: Searchable Document and Index,” New York Times, 4/18/19Federal Election Commission Chair Ellen Weintraub’s statement“Democrats to launch fresh push to counter foreign interference in elections,” Washington Post, 6/13/19The Anti-Collusion Act, introduced by Representative Tom Malinowski (D-NJ)JOHN DURHAM“Justice Dept. Seeks to Question C.I.A. in Its Own Russia Investigation,” New York Times, 6/12/19MICHAEL FLYNN’S NEW COUNSEL: SIDNEY POWELL“Michael Flynn hires Sidney Powell as new counsel,” The HillFlynn’s Joint Status Report“Flynn ordered to appear in court with new Trump-approved lawyer,” Politico, 6/14/19 “General Flynn Should Withdraw His Guilty Plea. His New Judge is a Government Misconduct Expert,” Daily Caller, 2/16/18Sidney Powell’s websiteKELLYANNE CONWAY & THE HATCH ACTThe Office of Special Counsel’s (OSC) report detailing Kellyanne Conway’s violations of the Hatch ActThe Office of Special Counsel websiteHatch Act, Office of Special CounselWhite House Counsel Pat Cipollone’s letter to Special Counsel Henry Kerner responding to OSC’s report“What Is the Hatch Act? Explaining Why Trump Was Urged to Fire Kellyanne Conway,” Washington Post, 6/13/19“Trump on ‘Fox & Friends’: I will not fire Kellyanne Conway after watchdog rebuke,” Fox News, 6/14/19George Conway’s twitter TRUMP’S TAX RETURNSOffice of Legal Counsel’s opinion supporting the Treasury Department’s refusal to comply with a congressional request for President Trump’s tax returns26 U.S. Code § 6103: Confidentiality and disclosure of returns and return information (From Title 26: Internal Revenue Code)Professor Marty Lederman’s tweets responding to the OLC opinionANNE MILGRAM’S TRAFFIC TICKET“Speeding in New Jersey, Annotated,” New York Times, 8/11/08We 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. 

Jun 17, 201959 min

Ep 31Stay Tuned Bonus 06/13: David McCraw

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In this bonus clip from Stay Tuned, David McCraw, the Deputy General Counsel of the New York Times, discusses "raving moderates," kidnapped reporters, indictment of Julian Assange, and confusing lawyers with their clients. Thank you for being a member of the CAFE Insider community.REFERENCES AND SUPPLEMENTAL MATERIALSDAVID ROHDE “Times Reporter Escapes Taliban After 7 Months,” New York Times, 6/20/09“The logic of not paying ransoms,” Washington Post, 8/21/14JULIAN ASSANGE“Assange Indicted Under Espionage Act, Raising First Amendment Issues,” New York Times, 5/23/19HARVARD DEAN“Winthrop Faculty Deans to Leave After Harvard Refuses to Renew Their Appointments,” The Harvard Crimson, 5/11/19“Harvey Weinstein's ex-lawyer loses position at Harvard despite bowing out of case,” ABC News, 5/12/19

Jun 13, 201911 min

Ep 31CAFE Insider 06/10: Judgment Calls

In this episode of the CAFE Insider podcast, "Judgment Calls," Preet and Anne make sense of the headlines, including:A voicemail President Trump’s lawyer John Dowd left for Michael Flynn’s attorney, which has raised questions about witness tamperingCriminal charges against former Broward County Sheriff Deputy Scot Peterson who failed to confront the Parkland high school shooter in Florida last yearThe Central Park Five case, back in the spotlight, after a new Netflix series by Ava Duvernay REFERENCES AND SUPPLEMENTAL MATERIALSJUDGE ANNE THOMPSON“Judge Anne Thompson has seen it all in long career,” The Trentonian, 11/25/12STATE OF FLORIDA v. SCOT PETERSONScot Peterson’s warrant and charging documents“Scot Peterson Is Released on Bond. Here’s How He’s Explained His Actions During the Parkland Shooting.,” New York Times, 6/6/19“Parkland Officer Who Stayed Outside During Shooting Faces Criminal Charges,” New York Times, 6/4/19Title XLVI § 827.03: Abuse, aggravated abuse, and neglect of a child; penalties, The 2018 Florida StatutesMICHAEL FLYNN“Listen to Trump’s Lawyer Make Appeal After Flynn Agreed to Cooperate With Mueller,” New York Times, 6/6/19“Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside,” New York Times, 6/9/19“The legal concept binding Team Trump in opposition to Team Mueller,” Washington Post, 7/9/18“Michael Cohen, Attorney-Client Privilege and the Crime-Fraud Exception,” Lawfare, 4/10/18“Michael Flynn fires his attorneys and retains new counsel as he awaits sentencing,” Washington Post, 6/6/19CENTRAL PARK FIVE“When They See Us,” Ava DuVernayAll documents, including videos of statements the Five made to prosecutors, can be found hereNancy Ryan’s memorandum in response to motion to vacate judgment of conviction“Linda Fairstein, Once Cheered, Faces Storm After ‘When They See Us,’” New York Times, 6/6/19“Ava DuVernay lets Trump 'speak for himself' in Central Park Five series 'When They See Us,'” USA Today, 6/3/19“A Crime Revisited: The Decision; 13 years later, official reversal in jogger attack,” New York Times, 12/6/02“A Profile of Matias Reyes,” New York Daily News, 4/9/13MARSDonald Trump’s tweet about NASAJason Gilbert’s tweet about JFKWe 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. 

Jun 10, 20191h 2m

Ep 30Stay Tuned Bonus 06/06: Benjamin Dreyer

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In this bonus from Stay Tuned, Benjamin Dreyer talks about cliches, humor in writing, translating thoughts to a page, and the importance of grammar disputes. Plus he shares some timeless advice. Thank you for being a member of the CAFE Insider community.

Jun 6, 201910 min

Ep 30CAFE Insider 06/03: Treason Season

In this episode of CAFE Insider, "Treason Season," Preet and Anne discuss:Bill Barr’s first network news interview since becoming Attorney GeneralBarr’s new declassification powers, and the President’s allegations that the FBI’s top ranks engaged in treasonous conductA new development in a case concerning the Trump administration’s decision to add a citizenship question to the 2020 Census, and more.REFERENCES & SUPPLEMENTAL MATERIALS:VIRGINIA BEACH SHOOTING “Virginia Beach gunman resigned hours before mass shooting, officials say,” Washington Post, 6/2/19“Why the shooting in Virginia Beach sets an ominous precedent,” Washington Post, 6/1/19BILL BARR’S CBS NEWS INTERVIEW“William Barr interview: Read the full transcript,” CBSNews, 5/31/19BARR’S DECLASSIFICATION POWER“Presidential Memorandum on Barr Review,” Lawfare Blog, 5/23/19“DNI Coats Statement on the Department of Justice Review,” Office of the Director of National Intelligence, 5/24/19“A Different View on the President’s Delegation of Declassification Authority to the Attorney General,” Lawfare Blog, 6/1/19MUELLER’S REPORT “Full Transcript of Mueller’s Statement on Russia Investigation,” New York Times, 5/29/19“The Mueller Report’s Weak Statutory Interpretation Analysis: Part II,” Lawfare Blog, 5/23/19“TREASON”Article III, Section 3 of the Constitution, Legal Information Institute“18 U.S. Code § 2381. Treason,” Legal Information Institute“18 U.S. Code § 2384. Seditious conspiracy,” Legal Information Institute“Trump doesn't seem to understand what 'treason' means,” NBCNews, 5/24/19Clip of Rep. Liz Cheney on ABC News discussing “treason”Preet’s August 2018 appearance on "Real Time with Bill Maher"EMMET FLOOD Donald J. Trump’s tweet announcing Flood’s resignation, 6/1/19“Emmet T. Flood to Step Down as White House Lawyer,” New York Times, 6/1/192020 CENSUS State of New York, et al., v. United States Department of Commerce, et al (Jan 15, 2019), Justicia“Why The Census Asking About Citizenship Is Such A Problem,” Brennan Center for Justice, 3/27/18“Justices will review challenge to census citizenship question: In Plain English,” SCOTUSBlog, 4/2/19“Supreme Court Appears To Lean Toward Allowing Census Citizenship Question,” National Public Radio, 4/23/19“Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question,” New York Times, 5/30/19DEEP FAKES“Faked Pelosi videos, slowed to make her appear drunk, spread across social media,” Washington Post, 5/24/19DEFINITIONS"Vituperative," Merriam-WebsterWe 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. 

Jun 4, 201944 min

Ep 29Stay Tuned Bonus 05/30: Mueller Special & Andrew Yang

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In this Stay Tuned bonus, Preet and Anne continue their analysis of Mueller's first public statement since his appointment as Special Counsel. Plus Andrew Yang reveals how he stays sane while campaigning, how he’d change the rhetoric on U.S. national security, and whether entrepreneurs are born or made.REFERENCES AND SUPPLEMENTAL MATERIALS: “Special Counsel Robert S. Mueller III Makes Statement on Investigation into Russian Interference in the 2016 Presidential Election,” Department of Justice, 5/29/19Bill Barr’s April 2019 Press Conference on the Mueller ReportThe 1973 and 2000 Office of Legal Counsel memos on indicting a sitting PresidentThank you for being a member of the CAFE Insider community.

May 30, 201932 min

Ep 29CAFE Insider Town Call, 5/14

In observance of Memorial Day, we're sharing the audio from a CAFE Insider Town Call. Preet hopped on the phone for 45 minutes and answered questions in real time, from a small group of randomly chosen Insiders, who agreed to be the guinea pigs for a trial run as we tested our conference call software.Today, we’re sharing the audio from the call as we plan to roll out this feature for the whole CAFE Insider community. So please, let us know what you think at [email protected]. Your feedback is important to us as we continue to develop content for you. And keep your eye out for an email announcing the next Town Call in the coming weeks.

May 27, 201942 min

Ep 28Stay Tuned Bonus: David Ignatius

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In this bonus clip from Stay Tuned, Preet discusses Trump’s expected appointment of an Immigration Czar and David Ignatius reveals what he writes in his free time: espionage thrillers. Trump’s Immigration “Czar”:“A Would-Be Trump Aide’s Demands: A Jet on Call, a Future Cabinet Post and More,” The New York Times, 5/20/19“Trump Expected to Pick Ken Cuccinelli for Immigration Policy Role,” The New York Times, 5/21/19 Ignatius’ Books;David Ignatius’ Novels Thank you for being a member of the CAFE Insider community.

May 23, 201910 min

Ep 28CAFE Insider 05/20: Reversing Roe & Politicizing Pardons

On this episode of CAFE Insider, "Reversing Roe & Politicizing Pardons," Preet and Anne discuss:The push to overturn Roe v. Wade, with a slew of restrictive abortion laws enacted around the country, including in Alabama and GeorgiaPresident Trump's approach to granting pardons that has raised concerns about process and fairnessNewly un-redacted memos in the case of Michael Flynn, and more.You can view the episode show notes below or on cafe.com/insider.REFERENCES AND SUPPLEMENTAL MATERIALSABORTIONRoe v. Wade (1973), Oyez  Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), OyezOverturning Precedent: Nevada v. Hall (1979), OyezFranchise Tax Board of California v. Hyatt (2019) Oyez, overruling Nevada v. HallBowers v. Hardwick (1986) Oyez, overturned by Lawrence v. Texas (2003) OyezSCOTUS reporter Joan Biskupic’s interview on Stay Tuned“The Supreme Court’s Overruling of Constitutional Precedent,” Congressional Research Service, 9/24/18“Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases the court will overrule next’,” Washington Post, 5/13/19“Can the Supreme Court Change Its Mind?,” New York Times, 12/5/02“John Roberts has voted for restrictions on abortion. Will he overturn Roe v. Wade?,” CNN, 5/15/19Restrictive state abortion laws: “Alabama Governor Signs Abortion Ban Into Law,” National Public Radio, 5/15/19“25 men voted to ban abortion in Alabama. Do they reflect the rest of America?,” USA Today, 5/15/19“Trump, Republicans distance themselves from Alabama abortion law,” Washington Post, 5/19/19“Abortion ban reaction: Democrats erupt, Republicans stay quiet as both sides see an impact in the 2020 election,” Washington Post, 5/15/19“‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It,” New York Times, 5/15/19“Alabama Abortion Law Could Make Its Way To The Supreme Court,” National Public Radio, 5/16/19“Georgia Governor Signs ‘Fetal Heartbeat’ Abortion Law,” New York Times, 5/7/19“A GOP lawmaker used the phrase ‘consensual rape’ during abortion debate. He says he misspoke,” Washington Post, 5/17/19THE PARDON POWERArticle II of the Constitution, Legal Information InstituteOffice of the Pardon Attorney, Department of JusticeOrganization, Mission and Functions Manual: Office of the Pardon Attorney, Department of JusticeClemency Initiative (2014-2017), Department of JusticeNational Task Force on the Rule of Law & Democracy Proposals for Reform, Brennan CenterTrump’s Recent Pardons:“The President and His Power to Pardon,” New York Times, 5/19/19“Trump pardons Pat Nolan, former GOP lawmaker taken down in FBI’s ‘Shrimpscam’ probe,” LATimes, 5/15/19“Trump pardons billionaire friend Conrad Black, who wrote a book about him,” Washington Post, 5/15/19“Trump May Be Preparing Pardons for Servicemen Accused of War Crimes,” New York Times, 5/18/19Pardon of Marc Rich:“Rich Made His Fortune by Breaking the Rules,” Washington Post, 3/13/01“Holder admits 'mistakes' in Rich pardon,” CNN, 1/15/09“U.S. attorney launches criminal probe of Rich pardon,” CNN, 2/14/01Pardon of Richard Nixon:“NO CONDITIONS SET Action Taken to Spare Nation and Ex‐Chief, President Asserts,” New York Times, 9/9/74IMPEACHMENT & OBSTRUCTIONMichigan Representative Justin Amash’s Twitter threadStatement by Former Federal Prosecutors, Medium, 5/6/19MICHAEL FLYNNAddendum to the government’s memorandum in aid of Flynn’s sentencing“The Daily 202: Judge’s order to release Flynn transcripts illuminates an under-covered episode in the Mueller report,” Washington Post, 5/17/19VIDEO: “Stupid Watergate: Last Week Tonight with John Oliver (HBO),” Youtube, 5/21/17JOHN DURHAM“Barr Assigns U.S. Attorney in Connecticut to Review Origins of Russia Inquiry,” New York Times, 5/13/19SPACE FORCE“Cruz warns 'Space Force' needed to prevent space pirates,” The Hill, 5/15/19We 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.

May 20, 201948 min

Ep 27Stay Tuned Bonus 05/15: Valerie Jarrett

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In this bonus clips from Stay Tuned, Preet discusses the court case over President Trump's financial records and Valerie Jarrett defines "effective advice."“U.S. judge voices doubt on Trump bid to block House subpoena for financial records,”Washington Post, 5/14/19“President’s Vow Fulfilled,” New York Times, 5/2/11Thank you for being a member of the CAFE Insider community.

May 16, 201912 min

Ep 27CAFE Insider 05/13: Indicting a POTUS

On this episode of CAFE Insider, "Indicting a POTUS," Preet & Anne discuss:-- The Office of Legal Counsel (OLC) policy on indicting a sitting president and whether the statute of limitations is tolled while the president is in office-- Rudy Giuliani’s cancelled trip to Ukraine where he intended to obtain information that could help Trump’s re-election-- The latest news on Don McGahn and Don Jr.-- SDNY’s seizure of a North Korean cargo ship for alleged sanctions violations, and more.To view the episode show notes, head to: cafe.com/insiderWe 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. 

May 13, 201953 min

Ep 26Stay Tuned Bonus 05/09: Joan Biskupic

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In this bonus clip from Stay Tuned, Joan Biskupic reflects on pursuing her law degree part-time while working as a reporter. Plus, Preet shares his encounters with Chief Justice Roberts. Thank you for being a member of the CAFE Insider community.

May 9, 20196 min

Ep 26Bill Barr: The Politics of "Snitty"

Bill Barr: The Politics of "Snitty"Preet and Anne go in-depth on Bill Barr, Emmet Flood’s letter, the FBI’s use of an undercover investigator in its probe of the Trump campaign, and more. REFERENCES AND SUPPLEMENTAL MATERIALSLETTERSSpecial Counsel Bob Mueller’s letter to Attorney General Bill BarrEmmet Flood’s letter to Attorney General Bill BarrSenator Lindsey Graham’s letter to Special Counsel Bob Mueller DOJ letter to Rep. Jerry Nadler regarding the unredacted Mueller reportSenator Kamala Harris’ letter to the Inspector General regarding Bill BarrROD ROSENSTEINRosenstein’s resignation letter “Deputy Attorney General Rod J. Rosenstein Delivers Remarks at the Armenian Bar Association’s Public Servants Dinner,” DOJ, 4/25/19 BILL BARRBill Barr’s testimony before the Senate Judiciary Committee, including exchanges with Senator Mazie Hirono, Senator Kamala Harris, and Senator Cory BookerVideo: “Mueller’s ‘letter is a bit snitty,’” PBS Newshour, 5/1/19“The Catastrophic Performance of Bill Barr,” The Atlantic, 5/2/19“Attorney General Barr Skips Thursday's House Hearing,” NPR, 5/2/19“‘I don’t know’: Barr’s professed ignorance prompts calls for his resignation after Mueller letter,” Washington Post, 5/1/19“Here’s How William Barr Can Be Impeached But Why It’s Unlikely to Happen, According to Experts,” Newsweek, 5/1/19“Is There a Perjury Case Against Barr?,” Lawfare, 5/2/19Barr’s exchange with Senator Chris Van Hollen on 4/10/19Barr’s exchange with Rep. Charlie Crist on 4/9/19 Attorney General Bill Barr’s 3/24/19 letter summarizing Mueller’s principal conclusionsCONGRESSIONAL RESPONSE TO BARR“Wednesday: House Judiciary to Markup Contempt Report,” US House Committee on The Judiciary, 5/6/19“Democrat mocks Barr with bucket of fried chicken at hearing,” NBC News, 5/2/19“Lawmakers Dispute Precedent for Holding Barr in Contempt,” Real Clear Politics, 5/3/19THE PROSPECT OF MUELLER’S TESTIMONY BEFORE CONGRESS“In reversal, Trump says Mueller ‘should not testify’ before Congress,” Washington Post, 5/5/19“FAST & FURIOUS”“House Finds Holder in Contempt Over Inquiry on Guns,” New York Times, 6/28/12“Judge upends settlement in Fast and Furious documents case,” Politico, 10/22/18 Judge Amy Berman Jackson’s opinion regarding the Fast and Furious settlementOFFICE OF INSPECTOR GENERALThe Office of the Inspector General “Justice Dept. Watchdog’s Review of Russia Inquiry Is Nearly Done, Barr Says,” New York Times, 4/9/19“Justice Dept. Watchdog Will Be Tested in Next Chapter of Clinton Investigation Firestorm,” New York Times, 6/13/18THE FBI’S COUNTER-INTELLIGENCE INVESTIGATION INTO THE TRUMP CAMPAIGN“F.B.I. Sent Investigator Posing as Assistant to Meet With Trump Aide in 2016,” New York Times, 5/2/19 “The Truth About ‘Spying’ on the Trump Campaign,” New York Times, 5/3/19TRUMP’S PHONE CALL WITH PUTIN“Trump Says He Discussed the ‘Russian Hoax’ in a Phone Call With Putin,” New York Times, 5/3/19Trump’s series of tweets (and here) about his call with Putin DEFINITIONSSuggest, Merriam-WebsterSummary, Merriam-WebsterWe 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.

May 7, 201957 min

Ep 25Stay Tuned Bonus 05/02: Jared Cohen

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In this bonus clip from Stay Tuned, Jared Cohen explains how traveling has shaped his view of America and how history will judge this moment in time. Plus, the important advice he’s received in his life. REFERENCES AND SUPPLEMENTAL MATERIALS“When Congress Was Armed And Dangerous,” New York Times, 1/11/11“Republican candidate charged with assault after 'body-slamming' Guardian reporter,” The Guardian, 5/27/17“Trump says he called Apple CEO 'Tim Apple' to 'save time & words,'” Politico, 3/11/19Thank you for being a member of the CAFE Insider community.

May 2, 20198 min

Ep 25Stay Tuned Bonus 05/02: Barr Testimony

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In this Stay Tuned bonus, Preet continues his analysis of Attorney General Bill Barr’s testimony before the Senate Judiciary Committee on Wednesday (5/1).REFERENCES AND SUPPLEMENTAL MATERIALSBill Barr’s hearing before the Senate Judiciary Committee, including his exchange with Senator Cory Booker“Lindsey Graham Doesn't See Need to Have Mueller, McGahn Testify,” Bloomberg, 5/1/19“Barr on McGahn testimony: 'We haven't waived his privilege,'” The Hill, 5/1/19Thank you for being a member of the CAFE Insider community.

May 2, 20193 min

Ep 25Fight Club: Congress v. Trump

Preet and Anne preview Bill Barr’s expected testimony before Congress, the developing subpoena fights between committee chairmen and the White House, Rosenstein’s tenure, an indictment of a Massachusetts state court judge for obstruction of justice, and more.   REFERENCES AND SUPPLEMENTAL MATERIALSTHE POWAY SYNAGOGUE SHOOTING"One dead, three injured in Poway synagogue shooting,” San Diego Union Tribune, 04/27/2019“What to Know About the Poway Synagogue Shooting,” NYT, 04/29/2019“Mayor says synagogue shooting in California that left 1 dead and 3 wounded was a 'hate crime,’” CNN, 04/28/2019“The History of the AR-15,” Washington Post, 06/13/2016BILL BARR’S CONGRESSIONAL TESTIMONY, A PREVIEW: Video of Bill Barr Press Conference on Mueller’s report, plus the transcript of his opening remarks, 04/18/2019Transcript: Bill Barr’s answers questions at the Mueller report press conference, 04/18/2019“Barr's appearance at House hearing now in doubt because of dispute with Democrats,” CNN, 04/28/2019“Who Is Christine Blasey Ford, The Woman Accusing Brett Kavanaugh Of Sexual Assault?” NPR, 09/17/2018“Meet Rachel Mitchell, the woman questioning Ford about her Kavanaugh allegations at the Senate Judiciary Committee hearing,” Business Insider, 09/27/20181973 and 2000 OLC memos on indicting a sitting president BREWING BATTLE: CONGRESS v. THE WHITE HOUSE1982 Reagan MemoDifference Between Civil And Criminal ContemptSubpoena for Don McGahn, 04/22/2019“How the Trump White House shot itself in the foot on Don McGahn,” Washington Post, 04/24/2019 (article quoting former federal prosecutor, Gene Rossi)“White House OKs testimony — with limits — from ex-security clearance chief,” Politico, 04/26/2019“Constitutional Hardball and Congress’s Oversight Authority,” John Bies (Chief Counsel at American Oversight and former DOJ official), Lawfare, 04/27/2019“What is Executive Privilege, Anyway?” NPR, 06/28/2007 “Eric Holder gets subpoena on failed Fast and Furious operation,” Washington Post, 10/12/2011“Operation Fast and Furious Fast Facts,” CNN, 02/28/2019ROD ROSENSTEIN’S SPEECH & TENURERod Rosenstein's Speech at the Armenian Bar Association’s Public Servants Dinner, 04/25/2019"Rosenstein Assails Obama Administration, Comey and Journalists in Defending Handling of Russia Inquiry,” NYT, 04/26/2019“‘I can land the plane’: How Rosenstein tried to mollify Trump, protect Mueller and save his job,” Washington Post, 04/26/2019A tweet from Benjamin Wittes assessing Rosenstein’s tenure, 04/26/2019“Romney Was Right About Russia,” CNN, 07/31/2017 TRUMP’S TWEET & APPEALING IMPEACHMENTTrump’s tweet, 04/25/2019: “I DID NOTHING WRONG. If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only are there no ‘High Crimes and Misdemeanors,’ there are no Crimes by me at all."“Trump says he would ask Supreme Court to intervene if Democrats move to impeach him,” Washington Post, 04/25/2019“The Supreme Court Has No Role in Impeachment,” Lawfare, 04/25/2019“Trump views the Supreme Court as an ally, sowing doubt about its independence among his critics,” Washington Post, 04/27/2019 OBSTRUCTION OF JUSTICE CHARGES AGAINST A MASSACHUSETTS JUDGEIndictment, USA v. Shelley Richmond Joseph and Wesley Macgregor, 04/25/2019Press Release: Massachusetts District Court Judge and Court Officer Indicted for Obstruction of Justice, 04/25/2019 “Judge Is Charged With Helping Immigrant Escape ICE at Courthouse,” NYT, 04/25/2019We 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. 

Apr 29, 20191h 0m

Ep 24Stay Tuned Bonus 04/25: Ken Feinberg

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In this bonus clip from Stay Tuned, Ken Feinberg reveals how he navigated one of the hardest ethical dilemmas he has faced and reflects on his four mentors and what they taught him:REFERENCES & SUPPLEMENTAL MATERIALSJudge Jack WeinsteinJustice Stephen BreyerSenator Ted Kennedy: “Edward Kennedy dies at 77; 'liberal lion of the Senate,’” LAT, 8/26/09Robert Pitosfsky: “Robert Pitofsky, Champion of Consumer Protection, Dies at 88,” NYT, 10/11/18Thank you for being a member of the CAFE Insider community.

Apr 25, 20196 min

Ep 24Probing Mueller: The Russia Investigations and the Road Ahead

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A day before the release of the Mueller report, Preet participated in an event organized by the Reiss Center on Law & Security and the Latham & Watkins Forum at NYU Law School, where he is a Distinguished Scholar in Residence.The event, moderated by Ryan Goodman, the founding co-editor-in-chief of Just Security and a fellow NYU professor, also featured Politico’s National Security Correspondent Natasha Bertrand.The panel placed Mueller’s report in its larger context, looked at SDNY’s reported Trump-related investigations, and offered perspectives on the road ahead.Here's an edited version of the conversation for CAFE Insiders. Thank you for joining our community.

Apr 24, 201943 min

Ep 24CAFE Insider 04/22: Mueller v. Barr, a post-mortem

Preet and Anne address the criticisms of Bob Mueller and Bill Barr, the tricky situation Mueller faced on obstruction, and what’s next as lawmakers grapple with the report’s findings and conclusions. REFERENCES AND SUPPLEMENTAL MATERIALSThe Mueller Report & Barr’s comments Mueller’s report, plus the executive summaries for Volumes I and IIBill Barr’s press conference, plus the transcript of his remarksOLC MemosThe 1973 and 2000 Office of Legal Counsel memos on indicting a sitting PresidentCongressional responseHouse Judiciary Committee Chairman Jerry Nadler’s subpoena requesting the unredacted Mueller report Federal Campaign Finance laws52 U.S.C. Subchapter I, Disclosure of Federal Campaign Funds, Legal Information Institute52 U.S. Code § 30121, Contributions and donations by foreign nationals, Legal Information Institute11 CFR § 110.20, Prohibition on contributions, donations, expenditures, independent expenditures, and disbursements by foreign nationals, Legal Information Institute   Rudy Giuliani An excerpt of Rudy Giuliani’s interview on CNN’s “State of the Union,” Preet’s interview, and a transcript of both interviewsMueller & the role of the Special CounselVideo: “MSNBC Reporter Confronts Robert Mueller Outside Church After Easter Service; Mueller: ‘No Comment,’” RealClearPolitics, 4/21/1928 CFR § 600, Special Counsel regulations“Special Counsel Investigations: History, Authority, Appointment and Removal,” Congressional Research Service, 3/13/19“Expired Independent-Counsel Law Leaves More Power with Justice Department,” Wall Street Journal, 5/10/17“How the Mueller report reminds us of Watergate,” Washington Post, 4/19/19Reactions to & analysis of Mueller’s report“Obstruction of Justice in the Mueller Report: A Heat Map,” Lawfare, 4/21/19“Trump lawyers reviewed Mueller report for 10 hours before it was made public,” Reuters, 4/19/19“How a legal dispute between Mueller and Barr drove the end of the special counsel’s probe,” Washington Post, 4/20/19“Robert Mueller failed to do his duty,” Washington Post, 4/19/19“On live TV, instant Mueller report takes reveal the challenges of real time reporting,” Washington Post, 4/20/19“All the Mistakes Mueller Made in Declining to Prosecute Donald Trump Jr,” Slate, 4/18/19 Trump’s prior experience with depositions“Trump: A True Story,” Washington PostWe 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. 

Apr 22, 201958 min

Ep 23Stay Tuned Bonus 04/18: The Mueller Report (with Anne Milgram)

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In this Insider bonus, Preet and Anne continue their discussion of the newly released Mueller report.REFERENCES AND SUPPLEMENTAL MATERIALSThe (redacted) Mueller reportBill Barr’s press conference, plus the transcript of his remarksThe 1973 and 2000 Office of Legal Counsel memos regarding DOJ policy on indicting a sitting PresidentThanks for being a member of the Insider community. 

Apr 19, 201916 min

Ep 23CAFE Insider 04/15: "Spying" & Lying

CAFE Insider 04/15: "Spying" & LyingPreet and Anne discuss:The arrest and indictment of WikiLeaks founder, Julian Assange, and the likelihood that he’ll testify at Roger Stone’s trialAttorney General Bill Barr’s testimony that the Justice Department would look into potential inappropriate “spying” on the Trump campaignThe indictment of prominent Democratic lawyer Greg Craig who served as President Obama’s White House counselThe indictment of attorney Michael Avenatti in California on dozens of charges arising from a scheme to defraud his clientsPresident Trump’s proposal to send undocumented immigrants to Sanctuary CitiesThe relationship between the police and prosecutors. REFERENCES AND SUPPLEMENTAL MATERIALSJULIAN ASSANGE’S INDICTMENT & PRESS FREEDOMSJulian Assange’s indictment filed by the Eastern District of Virginia“Assange: A Self-Proclaimed Foe of Secrecy Who Inspires Both Admiration and Fury,” NYT, 4/11/19“Julian Assange has been charged, prosecutors reveal inadvertently in court filing,” Washington Post, 11/15/18“Press Freedoms and the Case Against Julian Assange, Explained,” NYT, 4/11/19“Q: Could U.S. Prosecute Reporters For Classified Scoops? A: Maybe,” NPR, 3/22/17“How Julian Assange and Chelsea Manning became intertwined,” ABCNews, 4/12/19“Everything You Need to Know About Wikileaks,” MIT Technology Review, 12/9/10“Julian Assange, A Man Without A Country,” New Yorker, 8/14/17“Julian Assange’s arrest could end as a test for press freedom,” CNN, 4/11/19“Trump on WikiLeaks after Assange arrest: ‘It’s not my thing,’” The Hill, 4/11/19Christina Wilkie’s tweet documenting Trump’s inconsistent love of Wikileaks“Behind the Race to Publish the Top-Secret Pentagon Papers,” NYT, 12/20/17“What Would Daniel Ellsberg Do With the Pentagon Papers Today?,” NYT, 4/18/10JULIAN ASSANGE’S CATWikileaks tweet confirming Assange’s cat is safeAssange’s Cat’s twitter account (@EmbassyCat)EXTRADITION “What is Extradition,” Council on Foreign Relations, 4/11/19The Extradition Treaty between the US and UK, 3/31/03ROGER STONEStone’s Motion to Dismiss his indictment in DC courtStone’s Motion to Compel Complete Report of the Special CounselStone indictment filed by the District Court for the District of Columbia“Roger Stone wants to put Assange on the stand,” Politico, 4/12/19BILL BARR & CAMPAIGN “SPYING”“Clip: Attorney General Says He Thinks Spying Occurred on Trump Campaign,” C-SPAN, 4/10/19“Bill Barr’s Low Moment,” Lawfare Blog, 4/10/19“Comey: 'I have no idea' what Barr meant with 'spying' comment,” The Hill, 4/11/19Trump’s “never forget” tweet invoking Barr’s use of the word “spying”GREG CRAIGGreg Craig’s indictment filed in the District Court for the District of Columbia18 U.S. Code § 1001Foreign Agents Registration Act (FARA), Department of Justice“Gregory Craig, former Obama White House counsel, charged with making false statements related to Ukraine work in latest Mueller fallout,” Washington Post, 4/11/19“Prominent Democratic lawyer Greg Craig close to being charged in case stemming from Mueller probe,” CNN, 3/28/19“Paul Manafort Guilty Plea Highlights Increased Enforcement of Foreign Agents Registration,” Lawfare Blog, 9/14/18MICHAEL AVENATTIThe indictment filed by the U.S. Attorney for the Central District of California against Michael Avenatti“Attorney Michael Avenatti Named in Federal Grand Jury Indictment that Accuses Him of Stealing Millions of Dollars from Clients,” U.S. Attorney’s Office for Central District of CA, 4/11/19“Michael Avenatti Faces New Criminal Charges in Escalated Federal Case,” NYT, 4/11/19SANCTUARY CITIES“White House proposed releasing immigrant detainees in sanctuary cities, targeting political foes,” Washington Post, 4/11/19Trump’s tweet confirming reports on the Sanctuary Cities proposal“Trump Urged Homeland Security Official to Close Border Despite an Earlier Promise of a Delay,” NYT, 4/12/19Mayor Jenny Durkan, “Seattle isn’t afraid of immigrants, Mr. Trump,” Washington Post, 4/12/19We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. 

Apr 15, 201947 min

Ep 22Stay Tuned Bonus 04/11: Bob Caro

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In this bonus clip of Stay Tuned, Bob Caro discusses why it’s important to:Ask the same question over and over againInterview people in personShut up, andOutlineCaro also talks about his writing getup.REFERENCES AND SUPPLEMENTAL MATERIALJoseph CalifanoJoseph Califano, LBJ Presidential LibraryLyndon B. Johnson“The American Promise,” Lyndon Johnson’s speech to Congress, 3/15/65LBJ Speech Writers“The LBJ the Nation Seldom Saw,” LBJ Presidential Library, former LFB speechwriter Rob Hardesty“Richard Goodwin: The Speechwriter Who Named the ‘Great Society,’” Politico, 12/30/18“Horace Busby, 76, Ex-White House Aide and Johnson Adviser,” NYT, 6/3/00Bob Woodward“Bob Woodward Gets to the Bottom of Things: Timeless Investigative Journalism,” Writer’s Digest, August 1996

Apr 11, 201910 min

Ep 22CAFE Insider 04/08: Hide & Seek: Trump's Taxes, Mueller's Report

CAFE Insider: Hide & Seek: Trump's Taxes, Mueller's Report04/08/19Preet and Anne discuss: ·      The fight to get President Trump’s tax returnsWhat members of Mueller’s team are saying about Bill Barr’s summary of the Special Counsel’s conclusionsWhether grand jury materials will be redacted from the Mueller report and the relevance of McKeever v. Barr, a new decision from the D.C. Circuit Court of AppealsThe resignation of Department of Homeland Security Secretary Kirstjen NielsenWEBBY AWARDS Stay Tuned with Preet has been nominated for a Webby Award for the best individual episode of a podcast. The selection is Preet’s interview with Bill Browder, a financier who became the driving force behind the Magnitsky Act and is now often described as President Putin’s #1 foe.If you haven’t already, check out the episode, and cast your vote for Stay Tuned at webbyawards.com, in the podcast category. We appreciate your support!REFERENCES AND SUPPLEMENTAL MATERIALSCheck out Preet’s book, “Doing Justice” – it’s now #5 on the NYT best seller list and among the nine books recommended by the Times book editor.The President’s Tax Returns 26 U.S.C. § 6103, Confidentiality and disclosure of returns and return information, Legal Information Institute  House Committee on Ways and Means Chairman Richard Neal’s letter to IRS Commissioner Charles Rettig, requesting 6 years of Trump’s tax returns, 4/3/19Trump attorney William Consovoy’s letter to General Counsel of the Treasury Brent McIntosh, asserting the President’s right to keep the tax returns private, 4/5/19“Trump says he’s being subjected to the ‘highest level of Presidential Harassment’ in history amid Democratic investigations,” WaPo, 4/4/19“Trump Asked That Confirmation of I.R.S. Counsel Be a Priority, NYT, 4/4/19“Mulvaney says Democrats will ‘never’ obtain Trump’s taxes,” NBCNews, 4/7/19“In questioning Cohen, Ocasio-Cortez focuses on potential Trump fraud,” Yahoo Finance, 2/27/19“Why We Ask to See Candidates’ Tax Returns,” NYT, 8/5/16“JCT Investigation of Nixon’s Tax Returns,” by Professor Joseph Thorndike for the United States Capitol Historical Society, February 2016“Where the Benghazi Committee Went Wrong,” New Yorker, 10/22/15  Bill Barr & The Mueller Report“Some on Mueller’s Team Say Report Was More Damaging Than Barr Revealed,” NYT, 4/3/19“Limited information Barr has shared about Russia investigation frustrated some on Mueller’s team,” WaPo, 4/4/19Committee on the Judiciary Chairman Jerrold Nadler’s letter to Attorney General Bill Bar requesting any summaries prepared by the Special Counsel’s Office, as well as any related communications between the Justice Department and the Special Counsel’s Office.Department of Justice statement in response to reports from the NYT, Washington Post, and NBC News that members of Mueller’s team have expressed concerns over Barr’s characterizations of Mueller’s conclusions, 4/4/19The House Judiciary Committee’s resolution authorizing subpoenas to obtain the full Mueller report and all the underlying evidence“House Dems authorize subpoena for full Mueller report,” Politico, 4/3/19“Appeals court narrows path for disclosure of grand jury info in Mueller report,” Politico, 4/5/19“William Barr’s Choices,” New Yorker, 4/7/19McKeever v. Barr (D.C. Cir. 2019)Haldeman v. Sirica (D.C. Cir. 1974)Rule 6, The Grand Jury, Legal Information Institute Kirstjen Nielsen out as DHS Secretary“Kirstjen Nielsen Resigns as Trump’s Homeland Security Secretary,” NYT, 4/7/19Kirstjen Nielsen’s resignation letter“Nominations: A Historical Overview,” United States Senate 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. 

Apr 8, 201951 min

Ep 21Stay Tuned Bonus 04/04: Sal Khan

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Stay Tuned Bonus4/4/19In this bonus clip from Stay Tuned, Preet and Sal Khan talk about what it takes to be a good student, what makes a great teacher, and the power of the subconscious. 

Apr 4, 20194 min

Ep 21CAFE Insider 04/01: Justice Off-Balance

Episode 19: “Justice Off-Balance”04/01/2019On Episode 19 of CAFE Insider, Preet and Anne discuss:The latest on making Mueller’s report publicThe acrimony in the House Intelligence CommitteeThe GOP’s calls to investigate the investigatorsSDNY’s extortion case against Michael AvenattiAlex Jones’s depositionThe Cook County State Attorney’s handling of the Jussie Smollett caseREFERENCES AND SUPPLEMENTAL MATERIALSCheck out Preet’s book, “Doing Justice” – it’s a #4 NYT BestsellerBill Barr and the Mueller ReportBarr’s second letter to lawmakers giving an update on the release of the Mueller reportFederal Rules of Criminal Procedure: Rule 6 (e) “The Grand Jury, Recording and Disclosing the Proceedings”The 2008 Office of Legal Counsel Opinion, “Assertion of Executive Privilege Concerning the Special Counsel’s Interviews of the Vice President and Senior White House Staff”An article in the NYT reporting on the length and release of Mueller’s reportAn explainer from the Washington Post on how executive privilege works and how it doesn’tAdam Schiff and the acrimony in the House Intel CommitteeThe letter Republican members of the House Intelligence Committee sent to Chairman Adam Schiff urging him to resign his postA video of Rep. Schiff’s speech responding to the GOP’s calls for his resignationAn article in the Washington Post about the GOP and Trump’s attacks on Rep. Schiff A 2012 article from the Washington Post on the former Intel Committee Chairman, Mike Rogers, a Republican, and the community of bipartisanship he createdRep. Schiff’s March 2018 interview on Stay TunedPolls NBC News/Wall Street Journal poll which found that 29% of Americans believe President Trump has been cleared of wrongdoingDecember 2018 NPR/PBS poll, which found that more than three in four Americans wanted the Mueller report to be released in its entiretyMichael AvenattiSDNY’s criminal complaint against AvenattiThe criminal complaint filed by the U.S. Attorney for the Central District of CaliforniaBloomberg columnist Matt Levine’s take on Avenatti's arrestAlex JonesCharlie Warzel’s piece for the NYT, “Why Courtrooms Are Kryptonite for Alex Jones”An article in the NYT on the lawsuit against Alex JonesJussie Smollett A Chicago Tribune op-ed by Cook County State’s Attorney Kim Foxx, explaining the handling of the Jussie Smollett caseThe Illinois Prosecutors Bar Association Statement on Jussie Smollett Case DismissalA timeline from NPR on the developments in the Jussie Smollett caseA clip from the film Miller’s Crossing (“So it’s clear what I’m saying?” “As mud”)The sandwich debateA listener tweet with a pressing question, plus this helpful infographicWe 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. 

Apr 1, 201948 min