CAFE Insider

In this bonus clip from Stay Tuned, Jill Lepore discusses Harvard Law Professor and former Faculty Dean Ronald Sullivan Jr., what we can learn today from famed lawyer Clarence Darrow, and her personal essay, "The Lingering of Loss." Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Impeachment: The Opening Act,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- Senior diplomats Bill Taylor and George Kent are set to testify on Wednesday and we’ll hear from former U.S. Ambassador to Ukraine Marie “Masha” Yovanovitch on Friday.-- Issues of executive privilege and immunity stand in the way of testimony from key witnesses, including former National Security Adviser John Bolton and Acting Chief of Staff Mick Mulvaney.-- News reports indicate an evolving GOP defense strategy that includes distancing the President from witnesses who allege a quid pro quo with Ukraine.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 MATERIALSVETERAN’S DAY “Veterans Day: Trump Returns to N.Y. for Parade, to Cheers and Boos,” The New York Times, 11/11/19 ANNE’S BUTT TWEET "Rudy Giuliani butt-dials NBC reporter, heard discussing need for cash and trashing Bidens,” NBC News, 10/25/19“Rep. Weiner says lewd Twitter photo was sent by hacker; recipient tells of ‘outlandish’ backlash,” The Washington Post, 5/29/11 EXECUTIVE PRIVILEGE & IMMUNITY LAWSUITFormer Deputy National Security Advisor and Acting National Security Advisor Charles Kupperman’s complaint seeking declaratory judgment as to whether he is lawfully obliged to comply with House subpoena, DC District Court, 10/25/19 The House of Representatives’ notice of mootness and motion to vacate briefing schedule (withdrawing Charles Kupperman’s subpoena), DC District Court, 11/6/19 “Charles Kupperman subpoena withdrawn by House as it asks judge to dismiss lawsuit over his testimony,” The Washington Post, 11/6/19“Mulvaney asks to join lawsuit over conflicting demands for impeachment testimony,” The Washington Post, 11/9/19“Bolton Said to Know of ‘Many Relevant Meetings’ on Ukraine, but Will Not Testify,” The New York Times, 11/8/19Definition of “forum shopping,” Legal Information Institute “Intel Chairman Adam Schiff: Trump aides’ refusal to testify adds to potential impeachment evidence,” CNBC, 11/4/19 BOOKS BY FMR TRUMP ADMIN. OFFICIALS“AP sources: Former Trump adviser John Bolton has a book deal,” The Associated Press, 11/10/19“Nikki Haley claims top aides tried to recruit her to ‘save the country’ by undermining Trump,” The Washington Post, 11/10/19 IMPEACHMENT HEARINGS “Public impeachment hearings scheduled for this week: Here's what you need to know,” CNN, 11/11/19 “We Read All 2,677 Pages of Ukraine Testimony So You Don't Have To,” Lawfare, 11/11/19Testimony from William “Bill” Taylor, Chargé D'affaires for the U.S. State Department in Ukraine (transcript and key excerpts), 10/22/19Testimony from George Kent, Deputy Assistant Secretary, European and Eurasian Bureau at the U.S. Department of State (transcript and key excerpts), 10/15/19Testimony from Marie “Masha” Yovanovitch, former U.S. Ambassador to Ukraine (transcript and key excerpts), 10/11/19“Pompeo Faces Political Peril and Diplomats’ Revolt in Impeachment Inquiry,” The New York Times, 11/4/19“Power Up: Republicans’ witness wish list designed to put maximum pressure on Democrats,” The Washington Post, 11/11/19QUID PRO QUO “High crimes and misdemeanors” is a phrase from Section 4 of Article II of the U.S. Constitution Definition of “bribery,” Legal Information Institute “What Is a Quid Pro Quo?,” The New York Times, 10/18/19 OFFENSES & DEFENSES“Trump, Ukraine And The Path To The Impeachment Inquiry: A Timeline,” NPR, 10/12/19Ambassador to the European Union Gordon Sondland’s addendum to his October 17 testimony, 11/4/19“Trump involved Pence in efforts to pressure Ukraine’s leader, though officials say vice president was unaware of allegations in whistleblower complaint,” The Washington Post, 10/2/19“Trump Doesn’t Need to Commit a Crime to Be Kicked Out of Office,” The New York Times (Neal K. Katyal Op-Ed), 9/25/19“Ukraine’s Zelensky Bowed to Trump’s Demands, Until Luck Spared Him,” The New York Times, 11/7/19“Nikki Haley says she doesn't think Trump will be removed from office,” CBS News, 11/8/19David Frum’s tweet about failed crimes warranting harsh punishment, 11/2/19Trump’s tweet saying that “nothing was done wrong” on “perfect” call, 11/10/19 BILL BARR’S INVESTIGATIONS“Justice Dept. trying to finish report on Russia probe before Thanksgiving,” The Washington Post, 11/5/19“It’s too late to save yourself now, Bill Barr,” The Washington Post (Dana Milbank Op-Ed), 11/7/19

In this bonus clip from Stay Tuned, Errol Morris reveals how reading the paper helped him find a subject for one of his films, the most-hated interview question, and more.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “House Rules,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The impeachment inquiry into President Trump passed a significant milestone with the first formal vote on the floor of the House of Representatives on Thursday, shifting the impeachment process into a more public phase.-- House investigators continue to depose witnesses in closed-door hearings as the DC District Court is deciding in two separate cases whether former Trump officials have “absolute immunity” from congressional subpoenas.-- While historical parallels are rarely exact, a look at past presidential impeachment inquiries may help the House Judiciary Committee to shape the articles of impeachment in the next stage of the process.-- On Saturday, the Justice Department complied with a court order and released its first installment of primary-source documents related to then-Special Counsel Robert Mueller’s investigation, which include stunning admissions from key figures in Trump’s 2016 presidential campaign.We hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALS2020: A LEAP YEAR & THE PRESIDENTIAL ELECTION “What is a Leap Year?,” NBC News, 2/17/19Election countdown 2020 trackerTRUMP’S FLORIDA RESIDENCYTrump’s tweet on 10/31 announcing that he will make Palm Beach, Florida his permanent residenceTrump’s tweet on 11/1 complaining about New York City’s leadership“Trump, Lifelong New Yorker, Declares Himself a Resident of Florida,” The New York Times, 10/31/19MUELLER’S 302 REPORTSThe Justice Department’s first installment of primary documents related to Mueller’s investigation (“302 reports”), 11/1/19The Mueller Report’s Secret Memos,” BuzzFeed, 11/2/19“Internal Mueller documents show Trump campaign chief pushed unproven theory Ukraine hacked Democrats,” The Washington Post, 11/2/19“Feds release Flynn interview notes,” Politico, 11/1/19 (court filing here)HOUSE INQUIRY VOTEHouse resolution (H.Res.660), resolution fact sheet, and House Judiciary Committee impeachment inquiry procedures, 10/31/19“A Divided House Endorses Impeachment Inquiry Into Trump,” The New York Times, 10/31/19“What’s in the House Resolution on Impeachment?,” Lawfare, 10/30/19“Pelosi will get more out of today’s impeachment inquiry vote than Republicans. Here’s why,” The Washington Post, 10/31/19“Democrats pivot from private inquiry of Trump to public case for impeachment,” The Washington Post, 11/2/19“Kellyanne Conway calls Democrats’ bluff on impeachment, claims ‘they don't have the votes’” Fox News, 10/31/19“Defining Impeachment Down,” The Wall Street Journal, 10/31/19“Glengarry Glen Ross,” 1992 film referenced in Preet’s October 30th CAFE Insider NoteCONGRESSIONAL TESTIMONIESTrump’s tweet alleging that House Intelligence Chairman Adam Schiff will modify deposition transcripts, 11/3/19“Trump’s awful new ‘transcript’ tweets demonstrate how his propaganda works,” The Washington Post, 11/4/19“House Democrats Release Transcripts of Yovanovitch, McKinley Impeachment Testimony,” The Wall Street Journal, 11/4/19Director for European Affairs for the U.S. National Security Council, Lt. Col. Alexander Vindman’s Opening Statement, 10/29/19“Trump allies attack loyalty of impeachment inquiry witness because he was born in Ukraine,” The Washington Post, 10/29/19“White House official who heard Trump’s call with Ukraine leader testified that he was told to keep quiet,” The Washington Post, 11/1/19“White House official on Ukraine call wasn't concerned ‘anything illegal’ occurred,” CBS News, 10/31/19 (includes Opening Statement of Timothy Morrison, outgoing senior director of European and Russian affairs at the National Security Council and a deputy assistant to the president)Stay Tuned with Preet: The Prosecution (with Patrick Fitzgerald), 6/7/18Tracker of requests or subpoenas for documents and witness testimony, The New York Times “John Bolton’s former deputy asks judge to resolve conflicting demands for House impeachment testimony,” The Washington Post, 10/31/19ROBERT BORKThe Atlantic Senior Politics Editor, Yoni Appelbaum’s Twitter thread about Robert Bork’s adamant support of presidential impeachment in 1998“How Robert Bork's Failed Nomination Led to a Changed Supreme Court,” History.com, 10/28/18

In this bonus clip from Stay Tuned, Edward Norton discusses movies, casting decisions, whether Preet would be a good film noir character, and what the O.J. Simpson documentary taught him.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Baghdadi Dies & Impeachment Quickens,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- Elusive ISIS leader Abu Bakr al-Baghdadi was killed in a U.S. special operations raid in Idlib, Syria-- District Court Judge Beryl Howell ordered the Justice Department to turn over to the House Judiciary Committee grand jury materials former Special Counsel Robert Mueller’s investigation-- Key witnesses continue to testify in the impeachment inquiry, including Bill Taylor, the top U.S. diplomat to Ukraine, who confirmed last week that President Trump conditioned military aid to Ukraine on investigations that could help him politically-- The New York Times report that John Durham’s investigation into the origins of the FBI’s Trump-Russia probe has evolved into a criminal inquiry, raising a range of unanswered questions-- Rudy Giuliani is reportedly the target of two federal investigations and subject of two pocket dialing mishaps We hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSSTAY TUNED LIVE TOUR IN COLORADOTweet by Moms Demand Action founder Shannon Watts sharing a picture with former Colorado Governor John Hickenlooper backstage before the Stay Tuned live show in Denver, 10/24/19President Trump’s remarks at a shale-energy conference in Pittsburgh where he said that “a big beautiful wall” would be built in Colorado, 10/23/19Preet’s Tweet commenting on Trump’s Colorado Wall remarkDEATH OF ABU BAKR AL-BAGHDADI  “President Trump: ISIS leader Abu Bakr al-Baghdadi is dead,” CNN, 10/27/19“Bin Laden court case dismissed,” The Washington Post, 6/17/11IMPEACHMENT UPDATES Closed-door House proceedings Rules of the House of Representatives, 114th Congress (Rule XI: Procedures of Committees and Unfinished Business) House Intelligence Committee Chairman Adam Schiff’s “Dear Colleagues” October 16 letter“House Democrats look to take impeachment probe public as soon as mid-November,” The Washington Post, 10/23/19GOP stormed the SCIF “Republicans storm closed-door impeachment hearing as escalating Ukraine scandal threatens Trump,” The Washington Post, 10/23/19“Republicans Stormed Into The Impeachment Investigation's Secure Room, And It Was Absolute Madness,” BuzzFeed, 10/23/19“GOP ‘Storming’ of Secure Facility for Impeachment Proceedings: An Explainer,” Just Security, 10/23/19"National Security Figures to Testify: Impeachment Update,” Bloomberg, 10/23/19District Court Judge Howell’s ruling Memorandum Opinion Granting the Application of the Committee on the Judiciary, U.S. House of Representatives, U.S. District Court for the District of Columbia, Judge Beryl Howell, 10/25/19“Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory,” The New York Times, 10/25/19Unchecked presidential power“Trump couldn't be charged for a Fifth Avenue shooting while in office, his lawyer argues,” CNN, 10/23/19 (audio clip of Trump attorney William Consovoy’s exchange with Judge Chin)“Second Circuit Court of Appeals: ‘Trump v. Vance’ Oral Argument On Turning Over Trump’s Tax Returns,” RealClear Politics, 10/23/19Congressional testimoniesOpening statement of Ambassador Bill Taylor to impeachment investigators, 10/22/19“6 Key Revelations of Taylor’s Opening Statement to Impeachment Investigators,” The New York Times, 10/22/19E.U. Ambassador Gordon Sondland’s opening statement to Congress, 10/17/19Complaint, Kupperman v. House of Representatives of the U.S.A. et al., U.S. District Court for the District of Columbia, 10/25/19Letter from chairs of the House committees on Intelligence, Foreign Affairs, and Oversight to Charles Kupperman’s attorneys stating that their client remains legally obligated to comply with a subpoena and appear for a deposition on Monday, October 28th, 10/26/19“Bolton’s former deputy fails to show up for Hill deposition as he seeks court ruling to resolve dispute over testifying,” The Washington Post, 10/28/19“Executive privilege mentioned in case of Giuliani associates,” The Washington Post, 10/23/19DURHAM’S CRIMINAL INVESTIGATION Attorney General’s guidelines on general crime investigations, Justice.gov"Justice Dept. Is Said to Open Criminal Inquiry Into Its Own Russia Investigation,” The New York Times, 10/24/19“Justice Department watchdog says highly anticipated FISA report is ‘nearing completion’,” CBS News, 10/24/19“Barr personally asked foreign officials to aid inquiry into CIA, FBI activities in 2016,” The Washington Post, 9/30/19RUDY GIULIANI’S MISHAPS“Giuliani probe snowballs,” Politico, 10/25/19“Is Rudy Giuliani going to jail?,” Politico, 10/24/19“Giuliani associates Lev Parnas and Igor Fruman plead not guilty in campaign finance case,” The Washington Post, 10/23/19“Rudy Giuliani butt-dials NBC reporter, heard discussing need for cash and trashing Bidens,” NBC News, 10/25/19

In this bonus clip from Stay Tuned, Cameron Douglas discusses his tattoos, defines justice, and poses a question to Preet.Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Mick Mulvaney's Mess,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- President Trump’s announcement that the U.S. would no longer host next year’s G7 summit at the Trump National Doral Miami resort, after coming under criticism from Democrats and Republicans;-- Acting White House Chief of Staff Mick Mulvaney’s walk-back of his quid pro quo Ukraine comments made at a press conference last week; and-- Depositions of more State Department officials by House Democrats, as evidence mounts about what’s being described as “shadow foreign policy” being carried out by Rudy Giuliani on behalf of the President. We hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALSROMNEY’S SECRET TWITTER ACCOUNT“This Sure Looks Like Mitt Romney’s Secret Twitter Account (Update: It Is),” Slate, 10/20/19“The Liberation of Mitt Romney,” The Atlantic, 10/20/19“Mitt Romney, ‘Pierre Delecto’ And The Strategy Of Anonymously Criticizing Trump,” NPR, 10/21/19MULVANEY’S PRESS CONFERENCEActing Chief of Staff Mick Mulvaney’s press conference (video and transcript), 10/17/19Mick Mulvaney’s interview on Fox News Sunday with Chris Wallace, 10/20/19Trump Doral & The G7“What Is the Emoluments Clause?,” Encyclopedia Britannica“Trump was already violating the emoluments clause. Grabbing the G-7 is even worse,” The Washington Post, 10/18/19“Trump Has Just the Place for the Next G7 Meeting: His Own Golf Resort,” The New York Times, 8/28/19President Trump’s tweet announcing that the G7 in 2020 would no longer be held at the Trump National Doral resort in Florida, 10/19/19“How Mark Burnett Resurrected Donald Trump as an Icon of American Success,” The New Yorker, 12/27/18Quid Pro Quo AdmissionThe Congressional Budget and Impoundment Control Act of 1974, Congress.gov“Mulvaney Says, Then Denies, That Trump Held Back Ukraine Aid as Quid Pro Quo,” The New York Times, 10/17/19Trump’s “perfect call” tweet, 10/1/19Letter sent by U.S. Senators Dick Durbin (D-IL), Bob Menendez (D-NJ), and Patrick Leahy (D-VT) to the General Prosecutor of Ukraine in 2018 raising their concerns that the Trump Administration could unduly pressure Ukraine into obstructing the Mueller investigation by withholding funding, 5/4/18TRUMP’S LETTER TO ERDOGANTweet by Fox News’ Trish Regan attaching a copy of Trump’s October 9th letter to Turkish President Recep Tayyip Erdoğan about the crisis in Syria, 10/16/19ARTICLES OF IMPEACHMENT“The House’s contempt powers explained,” Constitution Daily, 5/7/19 “So You Want to Impeach the President,” Lawfare, 9/24/19“Impeachment probe goes beyond Ukraine to lying and obstruction of justice, House lawyer says,” CNN, 10/8/19“‘Bribery’ is right there in the Constitution. Trump could be impeached for that,” The New York Times, 10/20/19“Bill Barr’s Witch Hunt,” Just Security, 10/17/19“Review of Russia Inquiry Grows as F.B.I. Witnesses Are Questioned,” The New York Times, 10/19/19Adam Schiff’s parody of Trump’s July 25 call with Ukrainian President Volodymyr Zelensky at National Intelligence Director Joseph Maguire’s hearing, 9/26/19CONGRESSIONAL TESTIMONIESTracker of requests or subpoenas for documents and witness testimony, The New York Times Gordon Sondland’s prepared remarks before the House Committees on Foreign Affairs, Intelligence, and Oversight, 10/17/19“Gordon Sondland, E.U. Envoy, Testifies Trump Delegated Ukraine Policy to Giuliani,” The New York Times, 10/17/19“Senior State Dept. Ukraine Expert Says White House Sidelined Him,” The New York Times, 10/15/19“Perry rejects congressional subpoena, insists resignation not related to Ukraine,” ABC News, 10/18/19“SHADOW DIPLOMACY”“Giuliani pursued shadow Ukraine agenda as key foreign policy officials were sidelined,” The Washington Post, 9/24/19“Shadow Dancing,” song by Andy Gibb (younger brother of the Bee Gees: Barry, Robin, and Maurice Gill), 1978

In this bonus clip from Stay Tuned, Anand Giridharadas continues the discussion about pronunciation and his idea of the "model plutocrat."Thank you for being a member of the CAFE Insider community.

In this episode of the CAFE Insider podcast, “Rudy in the Middle,” co-hosts Preet Bharara and Anne Milgram break down the latest developments:-- The testimony of former U.S. Ambassador to Ukraine Marie Yovanovitch and former senior director for European and Russian Affairs, Fiona Hill-- The expected Thursday testimony of Gordon Sondland, Ambassador to the European Union-- The reported investigation into Rudy Giuliani and the indictment of his associates by the U.S. Attorney’s Office for the Southern District of New York-- Reports that Trump asked then-Secretary of State Rex Tillerson to intervene in the criminal case against Reza Zarrab, an Iranian-Turkish gold trader linked to Turkish president Recep Tayyip Erdoğan. We hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSANNE’S AQUARIUM TOURFrom the latest stop: Anne’s picture of 33-year-old penguin named Charlie at the Georgia AquariumIMPEACHMENT INQUIRY Impeachment provisions of the Constitution: Article I, sections 2 and 3“Trump Challenges House On Impeachment Vote. Pelosi Says She's Unmoved,” National Public Radio, 10/4/19“President Trump has made 13,435 false or misleading claims over 993 days,” Washington Post, 10/14/19“Schiff’s false claim his committee had not spoken to the whistleblower,” Washington Post, 10/4/19“Adam Schiff says whistleblower may not testify in impeachment probe,” Politico, 10/13/19The White House Letter Pat Cipollone’s letter to the House Democratic leadership, 10/8/19George Conway’s interview on Stay TunedConway’s tweet about Cipollone’s letter, 10/8/19“Trump’s Favorite Impeachment Lawyer Is ...Trump Himself,” The Daily Beast, 10/12/19Fiona Hill’s testimony“Bolton Objected to Ukraine Pressure Campaign, Calling Giuliani ‘a Hand Grenade,’” New York Times, 10/14/19“Trump's former Russia aide met with White House lawyer over Giuliani,” Politico, 10/14/19“Trump’s ex-Russia adviser told impeachment investigators of Giuliani’s efforts in Ukraine,” Washington Post, 10/15/19Marie Yovanovitch’s testimony “Read Marie Yovanovitch's prepared deposition statement,” Washington Post, 10/11/19“Ousted ambassador Marie Yovanovitch tells Congress Trump pressured State Dept. to remove her,” Washington Post, 10/11/19Expected testimony from Gordon SondlandFifth Amendment of The Constitution, Legal Information Institute“Read the text message excerpts between U.S. diplomats, Giuliani and a Ukrainian aide,” Washington Post, 10/4/19“Trump’s envoy to testify that ‘no quid pro quo’ came from Trump,” Washington Post, 10/12/19“‘If you’re innocent, why are you taking the Fifth?’ Trump said — years after invoking it himself,” Washington Post, 5/23/17RUDY GIULIANI, TRUMP’S “PERSONAL LAYWER” Foreign Agents Registration Act (FARA), Department of Justice“Foreign Agents Registration Act: An Overview,” Congressional Research Service, 3/7/19The Logan Act, U.S. Code § 953: Private correspondence with foreign governments, Legal Information Institute“Giuliani Is Said to Be Under Investigation for Ukraine Work,” New York Times, 10/11/19“Federal Prosecutors Scrutinize Rudy Giuliani’s Ukraine Business Dealings, Finances,” Wall Street Journal, 10/14/19"Trump tells reporters he doesn’t know if Giuliani is still his attorney,” Washington Post, 10/11/19INDICTMENT OF GIULIANI ASSOCIATESIndictment: United States of America v. Lev Parnas, Igor Fruman, David Correia, and Andrey Kulushkin, 10/10/19“Lev Parnas And Igor Fruman Charged With Conspiring To Violate Straw And Foreign Donor Bans,” U.S. Attorney’s Office for the Southern District of New York Press Release, 10/10/19“Two Giuliani Associates Who Helped Him on Ukraine Charged With Campaign-Finance Violations,” Wall Street Journal, 10/10/19“Here Are Rudy Giuliani’s Various Claims About His Ties to the Two Men Arrested Wednesday,” Mother Jones, 10/11/19“Rudy Giuliani’s Two Indicted Associates Could Have a Lot to Say,” New Yorker, 10/11/19REX TILLERSON, FORMER SECRETARY OF STATE“Trump Urged Top Aide to Help Giuliani Client Facing DOJ Charges,” Bloomberg, 10/9/19“Trump asked Tillerson to help broker deal to end U.S. prosecution of Turkish trader,” Washington Post, 10/10/19Turkey, Iran, gold, Giuliani and Trump: A guide to the case of Reza Zarrab, Washington Post, 10/10/19“The Talk of Turkey? A Politically Charged Trial in New York,” New York Times, 11/26/17DANCING WITH THE STARSDonald Trump tweet about Sean Spicer, 10/14/19