CAFE Insider

In this bonus clip from Stay Tuned, Jack Goldsmith discusses whether public servants working in the Trump administration should resign and his own experience with resignation.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “What Quds Go Wrong?,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The targeted killing of Iranian General Qassem Suleimani, the head of the Islamic Revolutionary Guard Corps Quds Force-- John Bolton's statement that he's prepared to testify in the Senate impeachment trial if he's subpoenaedWe hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSKILLING OF QASEM SULEIMANI Statement by the Department of Defense on the killing of Qasem Soleimani, 1/2/20“Timeline: How The U.S. Came To Strike And Kill A Top Iranian General,” National Public Radio, 1/4/20“As Tensions With Iran Escalated, Trump Opted for Most Extreme Measure,” New York Times, 1/4/20Lisa Monaco: “We are in uncharted territory now. Are we prepared for that?,” Washington Post, 1/6/20Trump tweet about a disproportionate response, 1/5/20“Trump Threatens Iranian Cultural Sites, and Warns of Sanctions on Iraq,” New York Times, 1/5/20“Trump Says He'll Target Iran's Cultural Sites. That's Illegal,” National Public Radio, 1/6/20WATCH: Meet the Press, featuring Jeh Johnson, 1/5/20 (~36:00 min)WAS THE STRIKE LEGAL?Article II of The Constitution, Legal Information Institute Authorization for Use of Military Force (AUMF), 2001Authorization for Use of Military Force against Iraq Resolution, 2002 Jack Goldsmith: “The Soleimani Strike: One Person Decides,” Lawfare, 1/3/20“Did the President Have the Domestic Legal Authority to Kill Qassem Soleimani?,” Lawfare, 1/3/20“The key word in U.S. justifications for the killing of Iranian general: ‘Imminent,’” Washington Post, 1/5/20SDNY’S QUDS FORCE CASESComplaint: United States v. Manssor Arbabsiar and Gholam Shakuri, 10/11/11WATCH: “Terror Plot Charges,” C-SPAN, 10/11/11“Two Men Charged in Alleged Plot to Assassinate Saudi Arabian Ambassador to the United States,” Department of Justice, 10/11/11“U.S. Indicts 7 Iranians in Cyberattacks on Banks and a Dam,” New York Times, 3/24/16IMPEACHMENT Statement of John R. Bolton regarding congressional testimony, 1/6/20Sen. Marco Rubio’s tweet about Bolton’s testimony, 1/6/20“What they're saying: Romney, Collins respond to Bolton's offer to testify,” Axios, 1/6/20“Judges spar with Democrats, DOJ in impeachment doubleheader,” Politico, 1/3/20“Joe Biden Says He Would Comply With a Senate Subpoena, Reversing Course,” New York Times, 12/28/19

Today, we're sharing the audio from a recent CAFE Insider Town Call. Preet and Anne hopped on the phone for 45 minutes and answered questions in real time from randomly selected members of the CAFE Insider community.In a wide-ranging Q&A, they addressed the strategy behind House Speaker Nancy Pelosi's decision to delay sending articles of impeachment to the Senate, the prospects of testimony from key witnesses in the Senate trial, the likelihood that Rudy Giuliani will be indicted by SDNY, and how Preet & Anne met.Thank you to our participants. Keep an eye out for an email announcing the next Town Call and in the meantime email us at letters@cafe.com with your feedback as we continue to develop this special feature.Our next regular CAFE Insider episode will be released on Tuesday, January 7th. Happy holidays!

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

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

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

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

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

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

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