CAFE Insider

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

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

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

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

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

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

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

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

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

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