CAFE Insider

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

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. 

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

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. 

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.

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. 

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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. 

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.

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.

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. 

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. 

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. 

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

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. 

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. 

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. 

CAFE Insider: Don't Barr Mueller's ReportTaped on 3/25/19Preet and Anne dissect Attorney General Bill Barr’s summary of Bob Mueller’s principal conclusions and look ahead to what’s next.  REFERENCES AND SUPPLEMENTAL MATERIALSOrder Preet’s book, “Doing Justice,” here.Bob MuellerPreet’s blurb on Bob Mueller for the Time100 from 2018An article from the Washington Post on the origin of Mueller’s investigation into obstruction of justiceA March 2019 Congressional Research Service report: “Special Counsel Investigations: History, Authority, Appointment and Removal” Bill Barr AG Bill Barr’s letter to congressional leaders summarizing Mueller’s principal conclusions28 CFR § 600.8 - Notification and reports by the Special CounselFederal Rules of Criminal Procedure, Rule 6(e) – Recording and Disclosing Grand Jury Proceedings.A tweet from CNN’s Laura Jarrett reporting that Mueller was not consulted on AG Barr’s letter TrumpTrump’s response to Barr’s summaryAn article from Politico about Trump’s written responses to Mueller’s questions (in lieu of an in-person interview) Rudy Giuliani & Charging obstruction when there’s no underlying crimeTranscript and video of Rudy Giuliani’s appearance on CNN, where he argues, “it’s almost impossible to have obstruction of justice if there’s no underlying crime.”An article from the NYT on Martha Stewart’s 2003 case in which she was charged with obstruction, but not the underlying crime of insider trading. Roger Stone An article from the Washington Post on Roger Stone’s case, plus his indictment Michael FlynnAn article from CNN on Michael Flynn’s cooperation in other criminal investigations Other investigationsA report from NPR on investigations into Trump by other prosecutor offices and congressional committees FergusonThe DOJ report on the shooting of Michael Brown in Ferguson, MissouriWe 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. 

CAFE Insider: Terror, Bribery, and Rick GatesPreet and Anne discuss the New Zealand terror attacks, the college admissions scandal, and the latest news from the Special Counsel’s Office.Supplemental materials and references made in the episode:Order Preet’s book, “Doing Justice,” here.New Zealand & White NationalismAn article from the NYT on the terror attacks in Christchurch, New ZealandTrump’s response to the New Zealand attacks, and an article from the Washington Post on his comments on white nationalismAn article in the Washington Post about the New Zealand Prime Minister Jacinda Ardern’s response to the attacksAn article from CNN on the rise of white nationalist violenceNYPD Deputy Head of Counterterrorism John Miller’s interview on CBS regarding the rise of white nationalist violence, plus Miller’s interview on Stay TunedMayor Pete Buttigieg's letter to the Muslim community in South Bend, IndianaReports from the U.S. State Department’s Bureau of Counterterrorism and Countering Violent Extremism, and the list of designated foreign terrorist organizationsAn article from the NYT reporting on the tram shooting in the NetherlandsThe College Admissions Scandal: Operation Varsity BluesAn article in the Wall Street Journal about the unraveling of the college admissions schemeWilliam Rick Singer’s criminal information, and an article from the NYT about Singer’s role in the criminal schemeRead the full indictment and the affidavit in support of the criminal complaintMueller UpdateAn article from the NYT on lead prosecutor Andrew Weissman’s coming departure from the Special Counsel’s OfficeRick Gates’ status report, submitted by Mueller’s teamAn article from Politico on the 420-0 House vote on a resolution calling on the DOJ to make Mueller’s full report public Paul Manafort An article from the NYT on Manafort's sentencing by Judge Amy Berman Jackson in D.C.An indictment of Paul Manafort by the Manhattan District Attorney’s Office; plus an article from the NYT on the DA’s chargesThanks for listening to this week's episode of CAFE Insider. We'll be back next week. Please email your questions for Preet and Anne to [email protected]

Ed Luce is the Washington columnist and commentator for the Financial Times.In this bonus clip from Stay Tuned, Luce shares some of the best advice he’s ever gotten and reflects on his earlier career as a speech writer for Secretary of the Treasury Larry Summers.REFERENCES:Solipsism: the view or theory that the self is all that can be known to existBill Clinton’s 2012 speech at the Democratic National Convention: transcript and video

INSIDER SHOW NOTES3/11: Prison, Pardons, & Hoaxes Order Preet’s book, “Doing Justice,” here.Preet and SDNYAn article from the NYT from 3/11/17, “U.S. Attorney Preet Bharara Says He Was Fired After Refusing to Quit”An article from the NYT on former New York State Senate majority leader Dean Skelos’ sentencingAn article from the NYT on Rajat Gupta’s sentencingManafort sentencing An article in the NYT about Manafort’s sentencing, including Judge Ellis’ comment that Manafort led an “otherwise blameless life”An article in Politico reporting on Mueller’s allegation that Manafort engaged in witness tamperingAn article from the Washington Post on Manafort’s upcoming sentencing before Judge Amy Berman Jackson in D.C.The United States Sentencing Commission report on “The Basics” of Federal Sentencing. The United States Sentencing Commission report from November 2017, “Demographic Differences in Sentencing: An Update to the 2012 Booker report”The Legal Information Institute’s definition of consecutive and concurrent prison sentencesMichael Cohen -- the pardon issue & lawsuit against Trump Org. An article from the NYT about Michael Cohen’s testimony regarding a pardon, and Trump’s reactionAn article from the WSJ reporting that Cohen directed his lawyer to inquire about a Presidential pardon last yearCohen’s complaint filed against the Trump Organization, plus an article from the Washington Post on the lawsuitAn article from the Washington Post on Cohen’s former joint defense agreement with TrumpAn article from Vox on Michael Cohen’s closing statement from his 3/6 testimony before Congress, including his remarks on 2020Jussie Smollett Jussie Smollett’s indictmentChicago Police Superintendent Eddie Johnson’s full remarks on Smollett, prior to the official chargesSupreme CourtBush v. Gore (2000), plus Jeffrey Toobin’s analysis on the repercussions of the Court’s decisionDefinition The Merriam-Webster definition of dispositiveThank you for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

In this Stay Tuned bonus, Mayor Pete talks about his favorite movie, favorite book, the influence of his parents, and the advice he’s gotten that has stood the test of time. Plus, his final conversations with his late father. The Godfather, 1972James Joyce’s novel, UlyssesAn article from The Hill on Senator Klobuchar’s salad comb responseThis episode was taped on 3/5/19. Thank you for subscribing to CAFE Insider.

TITLE: TRUTH, LIES, AND NEPOTISMPre-order Preet’s book, “Doing Justice,” here.Join us on March 19th in NYC as we celebrate the launch of Preet's book with a live taping of Stay Tuned. Tickets and details available here.REFERENCES AND SUPPLEMENTAL MATERIALMichael Cohen's testimony:Michael Cohen’s testimony and text of his opening statement before the House Oversight Committee Representative Alexandria Ocasio-Cortez’s questioning during the Cohen hearingA video from the NYT of Representative Gosar’s questioning of Cohen, featuring his “Liar, Liar Pants on Fire!” posterThe referral letter from Representatives Jim Jordan and Mark Meadows requesting that the Attorney General investigate Cohen for perjuryPerjury statutes: 18 U.S.C. § 1621 & 18 U.S.C. § 1001Jay Sekulow’s response to Cohen’s testimony claiming that Sekulow reviewed Cohen’s false statement to Congress (for which Cohen was convicted)Cohen’s SDNY sentencing memo, which states Cohen, “acted in coordination with and at the direction of Individual-1”An article from the Washington Post reporting on Cohen’s SDNY case that implicated Trump in violating campaign finance lawsAn article from Vox explaining Trump’s tweets about Cohen’s book dealHouse Judiciary Committee’s investigation: Representative Jerry Nadler’s interview on This Week (3/3/19), where he announced the investigationThe House Judiciary Committee’s Document Requests, issued on 3/4/19, to 81 recipients.Jared Kushner’s security clearance:An article in The Washington Post on career officials' rejection of Kushner’s top-secret security clearance applicationDavid Priess and Mark Zaid’s op-ed in The Washington Post analyzing Trump’s constitutional authority to give Kusher top-secret security clearanceA statement from Abbe Lowell’s spokesperson regarding Kushner’s security clearance Representative Adam Schiff’s response to Kushner reportsA report from the Washington Post about Trump’s past comments concerning the invocation of the Fifth AmendmentWhite House Counsel:An article in the Washington Post about White House Counsel’s growing legal teamThank you for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

In this Stay Tuned bonus clip, Bryan Stevenson discusses his grandmother, and the lasting effect she's had on his life and work.This episode was taped on 2/21/19. Thank you for subscribing to CAFE Insider.

INSIDER SHOW NOTES – 2/25/19TITLE: THE USUAL SUSPECTSWe want to hear from you about Insider. Take the CAFE survey here.Join us on March 19th to celebrate the launch of Preet's book with live taping of Stay Tuned. Tickets and details available here. References and supplemental materials:The Mueller ReportDOJ clarifies to NBC News that Mueller report will not be finished this week28 CFR § 600.8: Notification and reports by the Special Counsel28 CFR § 600.9: Notification and reporters by the Attorney GeneralWaiver of 6(e), concerning grand jury informationA breakdown of the members on Mueller’s teamPaul Manafort Special Counsel’s sentencing memorandum for Manafort, filed in DC. Plus, the extensive exhibits.The sentencing memorandum for Manafort filed in VA.Mueller’s November 2018 filing that reported Manafort’s violation of his plea agreementMichael CohenCommittee on Oversight and Reform memo to committee members outlining the background and scope of Michael Cohen’s hearing on 2/27.A transcript of Comey’s May 15th, 2007 testimony before the Senate. (And an article from the NYT about the Ashcroft story.)Michael Cohen’s plea agreement, and his statement in court.Cohen’s ABC News interviewCohen’s SDNY sentencing memo, which states Cohen, “acted in coordination with and at the direction of Individual-1.”An article in the NYT reporting that Cohen met with SDNY prosecutorsSentencingDefinition of concurrent and consecutive sentencingDOJ “Petite policy”Double JeopardyAn article in The Atlantic about double jeopardy in New York, including the Leona Helmsley case.Roger StoneA transcript of Stone’s hearing in court on 2/21. Plus, an article in NYT about the proceeding.Miscellaneous Insider vocabulary: arrogate and erstwhileBradley Cooper and Lady Gaga’s Oscars performance of Shallow at the OscarsThank you for listening to this week's episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

"Andy McCabe's National Emergency"Supplemental materials and references made in the episode:Join Preet on March 19th at NYU’s Skirball for a live Stay Tuned show celebrating the launch of his book. "CBS This Morning" Bianna Golodryga will interview Preet, but he'll still answer your questions at the start of the show. Insiders get early access to tickets, so head to CAFE.com/tour to join us for this special evening.Is it pled or pleaded? The debate continuesPreet’s tweet about pleaded v. pled; and see Mueller’s sentencing submission for Manafort, where prosecutors write “pled,” NOT pleaded.Andrew McCabe, the 25th Amendment, and the aftermath of Jim Comey’s firingAndrew McCabe’s 60 Minutes interview, plus the transcript from 2/17/19DOJ response to McCabe’s 60 Minutes interviewA statement from McCabe’s spokesperson responding to the 60 Minutes interviewAndrew McCabe’s book, The Threat: How the FBI Protects America in the Age of Terror and TrumpAn article in the NYT reporting Comey’s firing in 2017An article in the NYT first reporting that Rod Rosenstein considered secretly recording TrumpA report from NPR on Rosenstein denial that he discussed recording TrumpRosenstein’s appointment of Bob Mueller as Special CounselRosenstein’s 2017 memo that Trump used to justify firing ComeyAn article from the NYT on Rosenstein’s reaction to being “used” by the White House to justify Comey’s firing Trump’s 2017 interview with Lester HoltAn article from the NYT on Manafort’s departure from the Trump campaignMichael Horowitz’s inspector general report.Understanding how impeachment proceedings workAlan Dershowitz comment on the 25th Amendment and impeachment, tweeted by TrumpSen. Lindsey Graham’s comments about McCabe on CBS “Face The Nation”An article from ABC News reporting on Rosenstein’s expected departure from DOJ in March. National EmergencyTrump’s press conference where he declares a National EmergencyNational Emergencies Act10 U.S. Code 280825th AmendmentArticle I, Section I and Article I, Section 9, Constitution Outline of the administration’s plan to fund the wallTypes of federal forfeitureAn article in the Washington Post on the origin of the National Emergencies Act and its previous uses.Chris Wallace’s interview with Stephen MillerA 16 state lawsuit challenging Trump’s declaration of a national emergency (and an article from the NYT )Roger StoneMueller’s indictment of Roger StoneThe gag order imposed on Roger Stone (and NPR’s report)An article from Washington Post on Roger Stone’s Instagram post threatening Judge JacksonStone’s apology to Judge Amy Berman Jackson over the Instagram postThank you for listening to this week's episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

In this Stay Tuned bonus clip, Adam McKay discusses if a movie’s success is determined by its performance with critics or in the box office. Plus, the best advice he’s received in his career.  References:McKay’s movies: The Big Short (2015), Stepbrothers (2008)The Princess Bride (1987)Office Space (1999)The Shawshank Redemption (1994)It’s A Wonderful Life (1946)Eddie and the Cruisers (1983) Red Dawn (1984)This episode was taped on 2/5/19. Thank you for subscribing to CAFE Insider. 

CAFE Insider: Bezos, AMI, and TMISupplemental materials and references made in the episode:Jeff Bezos’ post in Medium, “No thank you, Mr. Pecker”Bezos’ hired investigator, Gavin De Becker, comments on AMI’s possible “political motive” to leak.  The extortion statute, 18 U.S.C. 875(d)The September 2018 non-prosecution agreement between American Media, Inc. (AMI) and SDNY.An interview on ABC’s “This Week” with Elkan Abramowitz, the attorney representing AMI CEO David Pecker. Transcript here.An interview on ABC’s “This Week” with Professor Alan Dershowitz. Transcript here.Jeffrey Toobin’s analysis in the New Yorker of Gawker’s collapse and its implications for the First Amendment.The Daily Beast article reporting that Michael Sanchez, the brother of Bezos’ mistress, Lauren Sanchez, gave the couple’s intimate texts to the National Enquirer.Acting Attorney General Matt Whitaker’s testimony before the House Judiciary CommitteeThe viral moment from Whitaker’s testimony, where he tells Committee Chairman Jerry Nadler his five minutes are up.A Politico article recounting the subpoena standoff between Rep. Nadler and Whitaker.Chairman Adam Schiff’s statement on the House Intelligence Committee Investigation and CNN’s report on the announcement and the Committee’s vote to send Mueller transcripts from some 50 interviews it conducted on the Russia investigation.Trump’s use of the phrase “presidential harassment” and its origin.Trump’s Dr. Seuss-inspired line from the State of the Union, and a Washington Post analysis of Trump’s invocation of Dr. Seuss’s style and rhyme.The partially redacted transcript from Paul Manafort’s hearing on 2/4/19.A question from a listener, Twitter user @papayapulp, asking Preet and Anne, is it “pled” or “pleaded.” Thanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected] is the Cafe Insider Podcast. Your hosts are Preet Bharara and Anne Milgram. The producers at Pineapple Street Media are Kat Aaron, Jenna Weiss-Berman and Max Linsky. The executive producer at Cafe is Tamara Sepper. And the Cafe team is Julia Doyle, Calvin Lord, Vinay Basti and Geoff Isenman. Our music is by Andrew Dost.Thank you for being a part of the Cafe Insider Community.

In this bonus clip of Stay Tuned, Senator Harry Reid addresses: - The rough and tumble of participating in Nevada politics- The only person who has ever physically frightened himThis interview was taped on 2/1/19. Thank you for subscribing to CAFE Insider. 

References made in the episode:Trump’s claim in a NYT interview last week that he wasn’t a target in the Mueller investigationTrump’s interview on CBS News’ Face the NationSenators Blumenthal and Grassley's Special Counsel Transparency ActA Washington Post report on Judge Amy Berman Jackson considering a gag order in the Roger Stone caseWhy there’s a high bar to imposing a gag orderChuck Rosenberg’s Lawfare article, Why the FBI Sent So Many Agents to Roger Stone’s HomeStone’s claim that more force was used on him that Osama bin Laden and El ChapoRalph Northam’s press conference (and his wife’s response when he’s asked to moon walk)Preet's tweets concerning Gov. Ralph NorthamJesse Jackson’s 1984 bid for presidentThe 1983 deliberations in Congress over a national holiday to honor Martin Luther King, Jr.A video capturing incarcerated folks at the Metropolitan Detention Center (MDC) in Brooklyn signaling for helpAn NYT report on the dire conditions at the MDC.The Department of Justice’s Office of the Inspector General reports on the Federal Bureau of PrisonsThe lawsuit filed on behalf of MDC inmates in the Eastern District of New YorkJudge Torres' call for a public evidentiary hearing about MDC conditions on 2/5Representative Jerry Nadler’s attention and promise to investigate the causePlus: The Washington Post superbowl ad and Bud Light’s superbowl ad Thanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

In this bonus clip of Stay Tuned, David Frum talks about:Giuilani’s performance as Donald Trump’s attorneyThe best advice he’s ever received This interview was taped on 1/29/19. Thank you for subscribing to CAFE Insider.

"Indicting Roger Stone"January 28, 2019 On this episode of the CAFE Insider podcast, Preet and Anne address:The arrest, charges, and other issues raised by Roger Stone’s indictment by the Special Counsel’s OfficeConcerns raised by Jared Kushner’s top-secret security clearanceTwo former prosecutors in the news: former New Jersey Governor Chris Christie and Senator Kamala Harris References made in the episode:Roger Stone’s indictment, filed by Special Counsel’s Office on 1/24/1918 U.S. Code § 1001Roger Stone’s Nixon tattooThe 2016 Wikileaks hack of DNC and Clinton campaign emailsJoyce Vance’s tweet speculating why Mueller didn’t charge Stone with conspiracyElie Honig’s article on CAFE, “Flipping Roger Stone”Trump’s & Rudy Giuliani’s comments about Michael Cohen’s father-in-lawThe NBC New story on Jared Kushner’s top-secret security clearance.Chris Christie’s new bookPlus, a photo of Bianca, Roger Stone’s therapy dogThanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

In this bonus clip of Stay Tuned, Kruse and Zelizer address:·      Political correctness and protests on college campuses,·      Change in students’ level of engagement,·      The advice that has best served them in their careers,·      The qualities for effective leadership,·      And, their pick for the best/worst presidents in U.S. history.

“THE SPECIAL COUNSEL SPEAKS” January 21, 2019Preet and Anne address:-    The Buzzfeed story on Michael Cohen and Trump and the Special Counsel’s statement describing the report as “inaccurate.”-    The latest comments from the President’s lawyer, Rudy Giuilani, that have raised concerns about Trump and Cohen’s communicationsReferences made in the episode:-    The Buzzfeed report on Trump and Cohen-    The Special Counsel’s statement responding to the report-    The Washington Post story, “Inside the Mueller team’s decision to dispute BuzzFeed’s explosive story on Trump and Cohen”-    SDNY’s sentencing memo for Michael Cohen-    The Special Counsel Office’s sentencing memo for Michael Cohen-    Peter Baker’s tweet-    Rudy Giuliani’s response to allegations that Trump and Cohen spoke about his congressional testimony-    Michael Cohen’s upcoming testimony before Congress Thanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].

David Cohen is the former Deputy Director of the CIA and former Under Secretary for Terrorism and Financial Intelligence in the U.S. Department of the Treasury. He’s currently a partner at WilmerHale.In this bonus clip of Stay Tuned, Cohen shares the best advice he has gotten, and how it applies to President Trump. 

Preet and Anne address:-      The two bombshell reports from the New York Times and the Washington Post on Trump and Russia.-      Bill Barr’s confirmation hearings for Attorney General. -      Whether the president can assert executive privilege to block portions of Mueller’s report.-      Michael Cohen’s coming testimony before the House Committee on Oversight  Here are the various references made in the episode:-      The timeline of the Mueller investigation here. -      Ben Wittes' analysis of the New York Times story: What if the Obstruction was the Collusion? Read it here. -      Precedent on the issue of executive privilege: United States v. Nixon-      Rudy Giuliani says the White House legal team should have the right to correct Mueller's report in an interview with The Hill.-      Bill Barr's answers to the Senate Judiciary questionnaire here (Preet and Anne specifically discuss his answer to potential conflicts of interest on page 28.) -      Walter Shaub’s Twitter thread on Barr’s answer in the Senate questionnaire here. Thanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected]. P.S. Insiders – head to shop.cafe.com and use the code Insider20 to get 20% off your first purchase. 

In this bonus clip, Ian Bremmer shares the advice that has best served him and the qualities that make a good leader. 

The latest episode of the CAFE Insider podcast, “National Non-Emergency,” is now available. Preet and Anne had a lot to discuss, including whether President Trump can declare a national emergency to build the border wall, the latest on Mueller’s investigation, Matt Whitaker, and Bill Barr, Russia’s espionage charges against Paul Whelan, and more.Preet references his tweet regarding a simple solution to the budget standoff, see it here. Preet and Anne discuss whether Trump can invoke emergency powers as a possible tool to build the border wall. Read the relevant statutes, here and here.They also refer to the Youngstown Sheet & Tube Co. v. Sawyer case as possible precedent. Read the case here. Preet refers to his work with the Democracy Taskforce, including proposals for possible restrictions on a President’s power in the future. Read the report here. Read more about Preet’s 2010 spy swap case while he was US Attorney here. Read Bill Barr memo regarding Mueller’s investigation on possible obstruction of justice, here. Thanks for listening to this week’s episode of CAFE Insider. We’ll be back next week. Please email your questions for Preet and Anne to [email protected].  P.S. Insiders – head to shop.cafe.com and use the code Insider20 to get 20% off your purchase of your favorite Stay Tuned merchandise 

In this bonus clip of Stay Tuned, John Carlin discusses the rules of engagement for offensive use of cyber weapons and the risks the US faces in the cyber domain.

Preet and Anne break down the elements of the campaign finance law President Trump could be charged with violating, Michael Flynn’s sentencing, the case of Maria Butina, and the ruling overturning the Affordable Care Act.