

CAFE Insider
CAFE
Co-hosts Preet Bharara and Joyce Vance help you to make sense of law and politics each week, plus weekly notes and bonus content exclusive to CAFE Insider members.
Episodes
Mentioned books

Oct 10, 2019 • 7min
Stay Tuned Bonus 10/10: George Conway
In this bonus clip from Stay Tuned, George Conway discusses being camera shy, how Trump’s presidency has brought people together, Twitter philosophies, and more.Thank you for being a member of the CAFE Insider community.

Oct 7, 2019 • 58min
CAFE Insider 10/7: Crooked Diplomacy
In this episode of the CAFE Insider podcast, “Crooked Diplomacy,” co-hosts Preet Bharara and Anne Milgram break down the evolving Trump-Ukraine scandal, newly released text messages between State Department officials, and President Trump’s calls for China’s assistance in investigating Joe and Hunter Biden.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 MATERIALSTHE IMPEACHMENT INQUIRY“MULTIPLE” WHISTLEBLOWERS“2nd whistleblower comes forward after speaking with IG: Attorney,” ABC News, 10/6/19“2nd Official Is Weighing Whether to Blow the Whistle on Trump’s Ukraine Dealings,” New York Times, 10/4/19Whistleblower lead counsel Andrew Bakaj’s tweet confirming representation of “multiple whistleblowers,” 10/6/19 Definition of “multiple,” Merriam-Webster DictionaryTrump tweets in response to second whistleblower reports, 10/5/19Trump tweets that his call with Ukrainian President Zelensky was “perfect,” 9/27/19“Trump Attacks Whistle-Blower’s Sources and Alludes to Punishment for Spies,” New York Times, 9/26/19“IRS whistleblower said to report Treasury political appointee might have tried to interfere in audit of Trump or Pence,” Washington Post, 10/3/19ENERGY SECRETARY RICK PERRYSen. Bob Menendez (D-NJ) of the Senate Committee on Foreign Relations sent a letter to Energy Secretary Rick Perry requesting information about his visits to Ukraine, 10/1/19“Scoop: Trump pins Ukraine call on Energy Secretary Rick Perry,” Axios, 10/5/19“Trump associates pressured Ukraine over gas firm in order to benefit allies: report,” The Hill, 10/6/19“Rick Perry expresses ‘regret’ for pledging to abolish Energy Department,” Washington Post, 9/19/17“The play-by-play of Rick Perry's 'DWTS' debut,” CNN, 9/13/16“Sean’s Spicy Salsa,” New York Times, 9/19/19TRUMP & GOP DEFENSES Preet’s tweet reacting to Trump’s “I am only interested in corruption. I don’t care about politics” comment, 10/5/19Eamon Javers asks Trump if he ever asked foreign leaders to investigate someone who isn’t his political opponent, 10/4/19“Republicans recycle defense that Trump was joking about China investigating the Bidens,” Washington Post, 10/7/19“Rep. Jim Jordan won't say if Trump asking China to investigate Biden is appropriate,” ABC News, 10/6/19“Trump-Ukraine debate between Ron Johnson, Chuck Todd analyzed,” MSNBC, 10/6/19“Marco Rubio Says Trump Was Joking When He Asked China to Investigate Biden: ‘Not a Real Request’,” Mediaite, 10/4/19“‘I think I’d take it’: In exclusive interview, Trump says he would listen if foreigners offered dirt on opponents,” ABC News, 6/13/19“How to start a movement (featuring the dancing guy),” Derek Sivers TED Talk, February 2010 STATE DEPT. TEXT MESSAGES“Read the Text Messages Between U.S. and Ukrainian Officials,” New York Times, 10/4/19“Read Kurt Volker’s opening statement for testimony in Trump impeachment inquiry,” Vox, 10/4/19 [Text of Volker’s opening statement] “Kurt Volker, Ukraine and a Turbulent End in the Trump Administration,” New York Times, 10/5/19“Kurt Volker resigns as executive director of McCain Institute,” Politico, 10/7/19“The U.S. diplomat who questioned Trump’s Ukraine scheme,” Politico, 10/4/19“How Gordon Sondland, a wealthy hotelier turned ambassador, became the latest key player in the Ukraine inquiry,” Washington Post, 10/4/19“Trump Ordered Ukraine Ambassador Removed After Complaints From Giuliani, Others,” Wall Street Journal, 10/3/19“From ‘America’s mayor’ to Trump’s pit bull: Rudy Giuliani emerges as central figure in Ukraine firestorm,” USA Today, 9/27/19“Ukrainians understood Biden probe was condition for Trump-Zelensky talks, says former Ukrainian adviser,” ABC News, 9/25/19“Ukraine’s president needs to repair ‘damage’ with Europe after the Trump call scandal,” CNBC, 10/1/19SECRETARY OF STATE MIKE POMPEO“Pompeo: 'I was on the phone call' with Trump and Ukrainian President,” CNN, 10/2/19VP MIKE PENCEJoint request from House Intelligence, Foreign Affairs and Oversight committees for impeachment inquiry documents from Vice President Mike Pence, 10/4/19 “Trump involved Pence in efforts to pressure Ukraine’s leader, though officials say vice president was unaware of allegations in whistleblower complaint,” Washington Post, 10/2/19“Pence defends Trump’s calls for Ukraine to investigate Biden,” The Hill, 10/3/19“Spiro Agnew’s Lawyer: Mike Pence Should Be Worried About Impeachment Too,” TIME, 10/4/19UPCOMING DEPOSITIONS“House Committees Subpoena White House for Ukraine Documents,” Lawfare, 10/4/19“What’s next in the Trump impeachment inquiry, and will Trump cooperate with it?,” Washington Post, updated in real time (subpoena/depositions calendar) “Schiff: Trump administration stonewalling will be taken as evidence of obstruction,” The Hill, 10/2/19TRUMP CALLS ON CHINA“Trump says China should investigate the Bidens,” PBS Newshour, 10/3/19“What We Know About Hunter Biden’s Business in China,” New York Times, 10/3/19“EXPLAINER-Trump’s claims and Hunter Biden’s dealings in China,” Reuters, 10/4/19Sen. Mitt Romney’s tweet condemning Trump’s call to China to investigate the Bidens, 10/4/19Trump’s tweets criticizing Sen. Romney’s 10/4 tweet: #1 (“get off stage”), #2 (“Jeff Flake is better!” and #3 (#impeachmittromney), 10/5/19Preet’s tweet in response to Trump’s call to impeach Sen. Romney, 10/5/19TRUMP’S CALLS WITH FOREIGN LEADERS“Trump’s calls with foreign leaders have long worried aides, leaving some ‘genuinely horrified’,” Washington Post, 10/4/19“Trump, Xi talked Syria strike over 'beautiful' chocolate cake,” CNN, 4/12/19

Oct 3, 2019 • 13min
Stay Tuned Bonus 10/3: David Remnick
In this bonus clip from Stay Tuned, David Remnick continues the conversation about Steve Bannon's rescinded invitation to participate in last year's New Yorker festival, elitism, and the one thing about which he agrees with Trump. Thank you for being a member of the CAFE Insider community.

Oct 1, 2019 • 1h 4min
CAFE Insider 10/1/19: Impeachment Momentum
In this episode of the CAFE Insider podcast, "Impeachment Momentum," co-hosts Preet Bharara and Anne Milgram break down the whirlwind of news surrounding the Trump-Ukraine whistleblower scandal and the renewed email probe of Hillary Clinton’s aides at the State Department.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 MATERIALSTHE IMPEACHMENT INQUIRYRUDY GIULIANI “Giuliani Subpoenaed for Ukraine Documents as Next Step in Impeachment Inquiry,” House Intelligence Committee press release, 9/30/19 (letter and subpoena schedule)Clip of Giuliani on Fox News’ “The Ingraham Angle” holding up cellphone saying “it’s all here, right here,” 9/24/19Anne Milgram’s tweet about subpoenaing Giuliani’s phone, 9/25/19Clip of Giuliani’s contradictory statements about Ukraine on CNN’s “Cuomo Prime Time,” 9/20/19Clip of Giuliani saying he wouldn’t cooperate or testify before the House Intelligence Committee with Adam Schiff as chairman on ABC’s “This Week,” 9/29/19 “Ukrainians understood Biden probe was condition for Trump-Zelensky talks, says former Ukrainian adviser,” ABC News, 9/25/19“Giuliani says Trump did not pay for his globetrotting push for Biden probe,” Reuters, 9/29/19“Attorney-Client Privilege,” Legal Information Institute“Giuliani Cannot Rely on Attorney-Client Privilege to Avoid Congressional Testimony,” Lawfare, 9/30/19“Giuliani works for foreign clients while serving as Trump’s attorney,” Washington Post, 7/10/18EFFECTIVE QUESTIONING & MEDIA APPEARANCES“It was chaos, and then a real lawyer showed up,” Washington Post, 9/18/19“Mike Pompeo gave a very evasive answer when asked about the Ukraine call,” CNN, 10/1/19Clip of Stephen Miller, senior adviser to President Trump, on “Fox News Sunday” with Chris Wallace, 9/29/19Clip of Jake Tapper fact-checking Rep. Jim Jordan on CNN’s “State of the Union,” 9/29/19“Biden campaign demands networks stop booking Giuliani,” Politico, 9/29/19HEARSAY & THE WHISTLEBLOWER’S COMPLAINT“Hearsay,” Legal Information InstituteThe whistleblower’s complaint, 9/26/1950 U.S. Code § 3033: Inspector General of the Intelligence Community, Legal Information InstituteMemorandum of President Trump’s July 25 phone call with Ukrainian President Volodymyr Zelensky, 9/25/19Office of the Inspector General of the Intelligence Community’s Statement on Processing of Whistleblower Complaints, DNI.gov, 9/30/19Sen. Lindsey Graham’s hearsay tweet, 9/28/19“Trump’s ‘hearsay’ defense plays right into Democrats’ hands,” Washington Post, 9/30/19“Fact check: Were whistleblower rules changed before Ukraine complaint?,” NBC News, 9/30/19 before Ukraine complaint?TRUMP’S REACTIONS & THE WHISTLEBLOWER’S IDENTITYTrump’s tweet suggesting that House Intelligence Committee Chairman Adam Schiff should be arrested for treason, 9/30/19“Fact check: Breaking down Adam Schiff's account of Trump's Ukraine call,” CNN, 9/27/19 Trump’s tweet about “deserving” to meet the whistleblower, 9/29/19“White House Knew of Whistle-Blower’s Allegations Soon After Trump’s Call With Ukraine Leader,” New York Times, 9/26/19“Why The Times Published Details of the Whistle-Blower’s Identity,” New York Times, 9/26/19“Deep Throat’s identity was a mystery for decades because no one believed this woman,” New York Times, 9/27/19RECORDS OF TRUMP’S CALLSU.S. Department of Justice Office of International Affairs, Justice.gov“I helped classify calls for two presidents. The White House abuse of the system is alarming,” Washington Post, 9/29/19“White House restricted access to Trump’s calls with Putin and Saudi crown prince,” CNN, 9/28/19“Trump Pressed Australian Leader to Help Barr Investigate Mueller Inquiry’s Origins,” New York Times, 10/1/19“Barr personally asked foreign officials to aid inquiry into CIA, FBI activities in 2016,” Washington Post, 9/30/19NRA“N.R.A.’s LaPierre Asks Trump to ‘Stop the Games’ Over Gun Legislation in Discussion About Its Support,” New York Times, 9/27/19HILLARY CLINTON EMAIL PROBE“READ: Letter from State Department to former employee about investigation into Hillary Clinton’s emails,” CNN, 9/29/19“State Dept. intensifies email probe of Hillary Clinton’s former aides,” Washington Post, 9/28/19

Sep 26, 2019 • 16min
Stay Tuned Bonus 09/26: Samantha Power
In this bonus clip from Stay Tuned, Samantha Power discusses the night President Obama offered her the job of United States Ambassador to the United Nations, the impetus for her memoir, Obama’s temperament, her conflicting feelings about Burmese leader Aung San Suu Kyi, and more. Thank you for being a member of the CAFE Insider community.

Sep 26, 2019 • 39min
CAFE Insider 09/26: Ukraine & Brazen Power
If you'd like to start listening from where you left off, go to 14:55.Preet and Anne break down the significant developments in the Ukraine / whistleblower story that's at the center of House Democrats' impeachment inquiry into President Trump.Thank you for being a member of the CAFE Insider community.REFERENCES & SUPPLEMENTAL MATERIALSUKRAINE & THE WHISTLEBLOWER DOCUMENTS & STATEMENTSThe White House’s released memorandum of a July 25th telephone conversation between Trump and Ukrainian President Volodymyr ZelenskyThe Department of Justice’s Office of Legal Counsel’s opinion about the whistleblower complaint, 9/24/19Acting Director of National Intelligence Joseph Maguire’s statement about the whistleblower, 9/25/19“Joint Statement from Committee Chairs on Release of Ukraine Call Record,” Committee on Oversight and Reform“Read Nancy Pelosi's full remarks as she called for an impeachment inquiry of President Trump,” USA Today, 9/24/19“Watch: Trump holds press conference after Ukraine call notes released,” CNBC, 9/25/19“GOP Sen. Sasse slams all parties' responses to whistleblower report,” Axios, 9/25/19“Graham Statements on Impeachment and The Release of Transcripts,” Senator Lindsey Graham, 9/25/19Trump tweet about whistleblower’s counsel having donated to Biden, 9/25/19President Trump’s meeting with Ukrainian President Volodymyr Zelensky at the UN General in New York City, 9/25/19COVERAGE & ANALYSIS“Trump offered Ukrainian president Justice Dept. help for Biden investigation, memo shows,” Washington Post, 9/25/19“Trump ordered hold on military aid days before calling Ukrainian president, officials say,” Washington Post, 9/23/19“Trump Asks Ukraine’s Leader to ‘Do Us a Favor’ and Also Urges Inquiry of Biden,” New York Times, 9/25/19“Trump Meets With Ukraine’s President and Denies Pressuring Him to Investigate Biden,” New York Times, 9/25/19“Pelosi Tells Trump: ‘You Have Come Into My Wheelhouse,’” The New York Times, 9/25/19“Democrats look to narrow impeachment focus to Trump-Ukraine scandal,” Politico, 9/25/19“Acting director of national intelligence threatened to resign if he couldn’t speak freely before Congress on whistleblower complaint,” Washington Post, 9/25/19“Who is the Ukraine Whistleblower’s Attorney?,” Newsweek, 9/25/19“Trump Says ‘I’d Take It’ if Russia Again Offered Dirt on Opponent,” The New York Times, 6/12/2019“Must Bill Barr Abide Ethics Advice on Recusal? A Debate,” Lawfare, 1/22/19“Stark Contrasts Between the Mueller Report and Attorney General Barr’s Summary,” American Constitution Society

Sep 23, 2019 • 1h 8min
CAFE Insider 09/23: Whistleblower Uproar
On this episode of the CAFE Insider podcast, "Whistleblower Uproar," co-hosts Preet Bharara and Anne Milgram break down the troubling reports that President Trump pressed Ukraine’s new president to investigate Joe Biden and his son, Hunter Biden, and then blocked Congress from seeing a whistleblower complaint that allegedly details a “promise” Trump made to a foreign leader.They also discuss former campaign manager Corey Lewandowski’s revealing testimony last week before the House Judiciary Committee. REFERENCES & SUPPLEMENTAL MATERIALSTHE WHISTLEBLOWER COMPLAINTBATTLE FOR WHISTLEBLOWER’S COMPLAINT50 U.S. Code § 3033: Inspector General of the Intelligence Community, Legal Information InstituteInspector General of the Intelligence Community (IGIC) Michael Atkinson’s first letter to the House Intelligence Committee regarding a withheld whistleblower complaint, 9/9/19IGIC Atkinson’s second letter to the House Intelligence Committee articulating his disagreement with the determination by the acting Director of National Intelligence Joseph Maguire that the whistleblower complaint should not be disclosed to Congress, 9/17/19House Intelligence Committee Chairman Adam Schiff’s letter to acting DNI Maguire requesting the whistleblower complaint, 9/10/19Chairman Schiff’s subpoena and accompanying letter issued to acting DNI Maguire to compel disclosure of the whistleblower complaint, 9/13/19 General Counsel for the Office of the Director of National Intelligence (ODNI) Jason Klitenic’s letter to Chairman Schiff stating that despite Schiff’s subpoena, Acting DNI Joseph Maguire would not testify nor immediately provide the whistleblower complaint to the Committee, 9/17/19Utah Senator Mitt Romney’s tweet about Trump’s alleged actions, 9/22/19House Speaker Nancy Pelosi’s Statement on Whistleblower Complaint, 9/20/19“Three House Committees Launch Wide-Ranging Investigation into Trump-Giuliani Ukraine Scheme,” House Intelligence Committee press release, 9/9/19“Acting intelligence chief agrees to testify after subpoena,” Washington Post, 9/18/19COVERAGE & ANALYSIS"Trump's communications with foreign leader are part of whistleblower complaint that spurred standoff between spy chief and Congress, former officials say," Washington Post, 9/18/19"Whistleblower complaint about President Trump involves Ukraine, according to two people familiar with the matter," Washington Post, 9/19/19“The Mysterious Whistleblower Complaint: What Is Adam Schiff Talking About?,” Lawfare, 9/17/19Lawfare’s Jack Goldsmith’s twitter thread, 9/19/19“Trump Repeatedly Pressed Ukraine President to Investigate Biden’s Son,” Wall Street Journal, 9/21/19“Whistle-Blower Complaint Is Said to Involve Trump and Ukraine,” New York Times, 9/19/19“How the DNI-Congress feud puts intelligence and democracy in danger,” Washington Post, 9/19/19“Why the alleged Joe Biden ‘Ukraine conspiracy’ doesn’t hold up,” Washington Post, 5/8/19“Timeline in Ukraine Probe Casts Doubt on Giuliani’s Biden Claim,” Bloomberg, 5/7/19“Trump’s freeze on Ukraine aid draws new scrutiny amid push for Biden investigation,” Washington Post, 9/20/19“The Witness and the Whistleblower: Some Thoughts,” Lawfare, 9/20/19“As Trump Confirms He Discussed Biden With Ukraine, Pressure to Impeach Builds,” New York Times, 9/22/19ADMINISTRATION’S RESPONSE “Remarks by President Trump Before Marine One Departure,” White House, 9/22/19Trump’s “pitch perfect” tweet, 9/20/19“Giuliani admits to asking Ukraine about Joe Biden after denying it 30 seconds earlier,” Washington Post, 9/20/19CNN’s Jake Tapper interview with U.S. Treasury Secretary Steve Mnuchin, CNN, 9/22/19COREY LEWANDOWSKI“Corey Lewandowski Testimony Before House Judiciary Committee,” C-SPAN, 9/17/19“Key Moments From Corey Lewandowski’s Testimony Before Congress,” New York Times, 9/17/19“It was chaos, and then a real lawyer showed up,” Washington Post, 9/18/19Stay Tuned episode with Garry Kasparov and transcript

Sep 19, 2019 • 11min
Stay Tuned Bonus 09/19: Susan Hennessey
In this bonus clip from Stay Tuned, Susan Hennessey explains how Lawfare got its name, if Trump is making the office of the presidency stronger, why she’s still optimistic about the future, and more.Thank you for being a member of the CAFE Insider community.

Sep 16, 2019 • 57min
CAFE Insider 09/16: Scandal Survey: Donald, Brett, Andy, Felicity
In this episode of the CAFE Insider podcast, "Scandal Survey: Donald, Brett, Andy, Felicity," co-hosts Preet Bharara and Anne Milgram discuss:-- The reporting about a potential indictment of former Deputy FBI Director Andrew McCabe-- Concerns raised by spending at President Trump’s hotels-- Actress Felicity Huffman’s 14-day jail sentence for her role in the college admissions scandal-- A New York Times article about sexual harassment allegations made against Justice Brett Kavanaugh from his time as a Yale undergraduate studentWe 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 AND SUPPLEMENTAL MATERIALSAndrew McCabe Andrew McCabe’s lawyer Michael Bromwich’s letter to Jessie Liu, U.S. Attorney for the District of Columbia, 9/12/199-11.120: Power of a grand jury limited by its function, DOJ Justice Manual“True bill” definition, Legal Information Institute“Types of Juries,” United States Courts“On the Mystery of the McCabe Grand Jury,” Lawfare, 9/13/19“Andrew McCabe’s legal team asks Justice Dept. if grand jury rejected charges in his case,” Washington Post, 9/13/19 “Prosecutors recommend indicting Andrew McCabe over 'lack of candor' about media leaks,” Politico, 9/12/19Spending at Trump propertiesDonald J. Trump’s tweets addressing the accusations that he’s enriching himself, 9/16/19Donald Trump’s tweet: PLENTY OF OIL!, 9/15/19Donald Trump’s tweet about meeting with Iran’s leaders, 9/15/19“What Is the Emoluments Clause?,” Encyclopedia Britannica“The Text and History of the Foreign Emoluments Clause,” Constitutional Accountability Center, 2018The United States Court of Appeals for the Second Circuit decision, Citizens for Responsibility and Ethics in Washington v. Trump (2019)“U.S. Appeals Court Reinstates Emoluments Case Against Trump,” New York Times, 9/13/19“Air Force says it sent crews to Trump’s Scottish resort up to 40 times,” Politico, 9/12/19“McCarthy defends military stopovers at Trump's Scottish resort: 'It's just like any other hotel,'” Politico, 9/10/19“Pence stays at Trump's Doonbeg resort hours away from official meetings,” CNN, 9/4/19“Trump Has Just the Place for the Next G7 Meeting: His Own Golf Resort,” New York Times, 8/26/19“When Trump visits his clubs, government agencies and Republicans pay to be where he is,” Washington Post, 6/20/19“DoJ: Christie spent big on hotels,” Politico, 11/9/10“$16 for a Muffin?! A Justice Department Boondoggle,” The Atlantic, 9/20/11Felicity Huffman sentencedThe plea agreement United States v. Felicity Huffman“By Turns Tearful and Stoic, Felicity Huffman Gets 14-Day Prison Sentence,” New York Times, 9/13/19Justice Brett Kavanaugh “Brett Kavanaugh Fit In With the Privileged Kids. She Did Not.,” New York Times, 9/14/19“New York Times apologizes for ‘inappropriate and offensive’ tweet about Kavanaugh sexual misconduct allegation,” Washington Post, 9/16/19Mike Pence“Pence claims a prized racehorse bit him. The farm manager who was there isn’t buying it.,” Washington Post, 9/13/19

Sep 12, 2019 • 12min
Stay Tuned Bonus 09/12: Brenda Berkman
In this bonus clip from Stay Tuned, retired FDNY Captain Brenda Berkman discusses the challenges of firefighting in New York City, the aftermath of 9/11, and her work with the Monumental Women campaign.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSThe Monumental Women Campaign


