CAFE Insider

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

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

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

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

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

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

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

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

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

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