CAFE Insider

In this episode of the CAFE Insider podcast, "DOJ, KSM, OLC," co-hosts Preet Bharara and Anne Milgram discuss:-- The Justice Department’s reported antitrust inquiry into four automakers’ agreement with California to adhere to stricter auto emissions standards than the levels required by federal law and sought by the Trump administration.-- The protracted prosecution of 911 mastermind Khalid Sheikh Mohammad whose military trial is set to begin in January 2021 at the US Naval facility in Guantanamo Bay, Cuba.-- The Office of Legal Counsel (OLC), often described as the “Supreme Court of the Executive Branch,” which has created what critics call a body of “secret law” in violation of democratic principles. 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 AND SUPPLEMENTAL MATERIALSTHE US OPEN“Rafael Nadal Defeats Daniil Medvedev in the Best U.S. Open Men’s Final of This Century,” New Yorker, 9/9/19“In U.S. Open final, Bianca Andreescu beats Serena Williams, and history, and the crowd,” Washington Post, 9/7/19DOJ ANTI-TRUST INVESTIGATIONClean Air Act of 1970“Transcript of Sherman Anti-Trust Act (1890),” Our Documents“Clean Air Act Overview,” United States Environmental Protection Agency“US: Section 177 States,” TransportPolicy“Vehicle Emissions California Waivers and Authorizations,” United States Environmental Protection Agency  “Justice Department Launches Antitrust Probe Into Four Auto Makers,” Wall Street Journal, 9/6/19“Justice Dept. Investigates California Emissions Pact That Embarrassed Trump,” New York Times, 9/6/19 “White House Prepares to Revoke California’s Right to Set Tougher Pollution Rules,” New York Times, 9/5/19“A Cruel Parody of Antitrust Enforcement,” New York Times, 9/6/19Former US Attorney and Professor Barbara McQuade’s tweet, 9/6/19“U.S. Loses Appeal Seeking to Block AT&T-Time Warner Merger,” New York Times, 2/26/199/11 & THE TRIAL OF KHALID SHEIK MOHAMMED (KSM)Preet’s tweet about the trial, 8/30/19Military Commissions Act of 2006Military Commissions Act of 2009“President Issues Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” The White House Archive“How Military Commissions Work,” Office of Military Commissions“U.S. Court of Military Commission Review (USCMCR) History,” Office of Military CommissionsHamdan v. Rumsfeld (2006), OyezBoumediene v. Bush (2008), Oyez “Courts: A Brief Overview,” Federal Judicial Center“A Guide to Appellate and Collateral Review Under the Military Commissions Acts,” Lawfare, 4/4/13“Military Judge Sets January 2021 Trial Date for Accused 9/11 Conspirators,” Wall Street Journal, 8/30/19“Lawyers Press Case That 9/11 Confessions Given to F.B.I. Are Tainted,” New York Times, 7/29/19“The Trial,” New Yorker, 2/3/10OFFICE OF LEGAL COUNSEL (OLC)Francis v. DOJ (August 2019), KnightColumbia.org“Opinions,” The United States Department of Justice Office of Legal Counsel“The Office of Legal Counsel and Secret Law,” Just Security, 7/18/17Justice Manual, The United States Department of Justice“Other People’s Money – Chapter V: What Publicity Can Do,” Louis D. Brandeis School of Law Library“Justice Department opinions take on the force of law — but are not, in fact, the law,” Washington Post, 5/31/19“I worked in the Justice Department. I hope its lawyers won’t give Trump an alibi,” Washington Post, 1/10/19“A Guide to the Memos on Torture,” New York Times Archive“Torture Memos Released,” CBS News, 4/16/09“The Nation; The Struggle Over the Torture Memos,” New York Times, 8/15/04INVESTIGATION INTO TRUMP PROPERTIES“Air Force leaders order probe of Trump resort stays,” Politico, 9/8/19Preet’s tweet advising the House to “Scorch the earth,” 9/6/19MARK SANFORD CHALLENGE “Mark Sanford announces Trump primary challenge: GOP 'has lost our way,'” Fox News, 9/8/19“Former S.C. congressman Mark Sanford announces Republican primary challenge against Trump,” Washington Post, 9/8/19Trump tweet about Sanford and “The Three Stooges," 9/9/19Trump tweet about Sanford’s reason for being in Argentina, 8/27/19"Dumb and Dumber" (1994), IMDb

In this bonus clip from Stay Tuned, George Packer discusses deckle edge paper, the taboo of former officials criticizing a sitting President, and the role of political ideology today.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSGeorge Will interview on Stay Tuned"Trump attacks Obama for statement on shootings," Politico, 8/6/19

In this episode of the CAFE Insider podcast, "Ethics: Comey, McCabe, Barr," co-hosts Preet Bharara and Anne Milgram discuss:-- The Inspector General’s report concluding that former FBI Director James Comey violated bureau policy by disclosing memos documenting his interactions with President Trump-- The New York Times report that the Justice Department is close to deciding whether to charge former Deputy FBI Director Andrew McCabe for lying to federal agents-- Attorney General Bill Barr’s decision to host a family holiday party at the Trump International Hotel in Washington, D.C., for some $30,000We 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 MATERIALSHURRICANE DORIAN“Hurricane Dorian threatens the US,” CNN Live UpdatesClip: “DC Chef José Andrés Is in the Bahamas, 'Ready' to Help After Hurricane Dorian,” NBC Washington, 9/1/19 ODESSA, TX SHOOTINGAsha Rangappa’s tweet thread on background checks, 9/1/19“West Texas Shooting Spree Terrorized Two Towns and Killed 7,” New York Times, 9/1/1923 U.S.C. § 158: National minimum drinking age, Legal Information InstituteJAMES COMEYReport of Investigation of Former Federal Bureau of Investigation Director James Comey's Disclosure of Sensitive Investigative Information and Handling of Certain Memoranda, Office of the Inspector General, August 2019“Full text: James Comey testimony transcript on Trump and Russia,” Politico, 6/8/17“FBI's Interview Report Form FD-302,” Thomson Reuters Practical LawColumbia Law School’s tweet, 6/8/17Donald Trump’s tweet calling Comey a “dishonest fool,” 8/30/19Donald Trump’s tweet quoting Jason Chaffetz, 9/1/19Donald Trump’s tweet featuring an image of Iran’s Imam Khomeini Space CenterRod Rosenstein’s tweet reacting to the IG report, 8/29/19“What That Comey Email Report Really Says,” Lawfare, 8/29/19Harry Litman: “James Comey helped save democracy when he wrote his memos,” Washington Post, 8/29/19Barbara McQuade: “Comey says the DOJ IG report vindicates him. Trump says he's 'horrible.' So who's right?,” NBC News, 8/30/19“Preet Bharara Links Firing to Trump Team’s ‘Helter-Skelter Incompetence,’” New York Times, 4/6/17ANDREW MCCABE“Prosecutors Near Decision on Whether to Seek an Andrew McCabe Indictment,” New York Times, 8/26/19Office of the Inspector General report: “A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe,” (February 2018)BILL BARR“Barr books Trump’s hotel for $30,000 holiday party,” Washington Post, 8/27/19George Conway’s tweet, 8/27/19Walter Shaub’s tweet, 8/31/10LAUGHING CHALLENGEDonald Trump’s tweet, “Has anyone noticed that the top shows on @foxnews and cable ratings are those that are Fair (or great) to your favorite President, me! Congratulations to @seanhannity for being the number one shoe on Cable Television!” 8/31/19

In this bonus clip from Stay Tuned, Senator Michael Bennet discusses partisanship in the Senate, why he doesn't support free college or loan forgiveness, where Vice President Joe Biden is wrong, and NASCAR Jesus. Thank you for being a member of the CAFE Insider community. 

Today, we're sharing the audio from a recent CAFE Insider Town Call. Preet hopped on the phone for 40 minutes and answered questions in real time from randomly selected members of the CAFE Insider community.In a wide-ranging Q&A, Preet addressed deceased sex trafficker Jeffrey Epstein, the rule of law, the 2020 election, his favorite lawyer joke, and even the next Bharara family vacation spot.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.Next week, our regular CAFE Insider episode will be released on Tuesday, 9/3 in observance of Labor Day.REFERENCES & SUPPLEMENTAL MATERIALSStay Tuned 2019 fall tour: cafe.com/tour"Why the Jeffrey Epstein Investigation Is Not Over," New York Times, 8/11/19"Trump’s tax returns required under new California election law," LA Times, 7/30/19

In this bonus clip from Stay Tuned, Harvard political philosophy professor Michael Sandel discusses the global hunger for debate, his celebrity status in China, and why he calls for progressive patriotism.Thank you for being a member of the CAFE Insider community. 

In this episode of the CAFE Insider podcast, "Prosecutor v. Prosecutor," Preet and Anne discuss:-- The New York City medical examiner’s announcement on Friday that Jeffrey Epstein’s death was a suicide by hanging;-- U.S. Attorney William McSwain’s statement blaming the shooting of police officers in Philadelphia on District Attorney Larry Krasner and accusing him of fostering a “culture of disrespect” toward law enforcement;-- Kansas federal prosecutors held in contempt of court in connection to an investigation into their improper access to confidential phone conversations between criminal defendants and their attorneys;-- President Trump’s interest in buying Greenland, a proposition he compared to a “large real estate deal.” REFERENCES & SUPPLEMENTAL MATERIALSBRUCE SPRINGSTEEN“Blinded by the Light,” IMBD, 2019JEFFREY EPSTEIN Letters exchanged between Metropolitan Correctional Center Warden Lamine N’Diaye and SDNY Judge Richard Berman, 8/10/19-8/12/19 “Jeffrey Epstein Autopsy Results Show He Hanged Himself in Suicide,” New York Times, 8/16/19“Jeffrey Epstein’s former cellmate cleared of wrongdoing in incident that preceded his death,” NBC News, 8/16/19“The Gall of Ghislaine Maxwell,” New Yorker, 8/16/19“Jeffrey Epstein’s gal pal Ghislaine Maxwell spotted at In-N-Out Burger in first photos since his death,” New York Post, 8/15/19PHILADELPHIA SHOOTING“Statement by United States Attorney William M. McSwain on the Shooting of Six Philadelphia Police Officers,” US Attorney’s Office Eastern District of Pennsylvania, 8/15/19“Attorney General William P. Barr Delivers Remarks at the Grand Lodge Fraternal Order of Police’s 64th National Biennial Conference,” Department of Justice, 8/12/19“The Case for More Incarceration,” William Barr, October 28, 1992, NCJRS.govClip of U.S. Attorney William McSwain discussing District Attorney Larry Krasner on Fox News, 6/10/19“The Trump Justice Department’s war on progressive prosecutors, explained,” Vox, 8/16/19“Philadelphia Federal Prosecutor Blames Police Shooting on ‘Culture of Disrespect,’” Wall Street Journal, 8/15/19“Suspect surrenders after 6 officers are wounded in Philadelphia standoff,” NBC News, 8/14/19 “Larry Krasner’s Campaign to End Mass Incarceration,” New Yorker, 10/22/181999 Consent Decree in United States v. State of New Jersey“Oversight of New Jersey State Police Is Ended,” New York Times, 9/21/09“U.S. Will Monitor New Jersey Police on Race Profiling,” New York Times, 12/23/99KANSAS U.S. ATTORNEY’S OFFICE U.S. District Court Judge Julie Robinson’s ruling in the case of United States v. Carter, 8/13/19 The Sixth Amendment to the U.S. Constitution, Legal Information Institute18 U.S. Code § 3500: Demands for production of statements and reports of witnesses, Legal Information Institute“Attorney-Client Privilege,” Legal Information Institute“Federal judge holds U.S. attorney’s office in contempt in probe of recorded attorney-client calls,” American Bar Association, 8/15/19“Warrants and Privilege: Legal Questions About the Raids on Trump’s Lawyer,” New York Times, 4/10/18GREENLAND“Trump reportedly wants to buy Greenland. So did the Truman administration.,” Washington Post, 8/16/19“‘Greenland Is Not for Sale’: Trump’s Talk of a Purchase Draws Derision,” New York Times, 8/16/19“Denmark Offers to Buy U.S.,” New Yorker, 8/16/19“This interactive map shows how ‘wrong’ other maps are,” Washington Post, 8/18/15Clip from the 1987 movie The Princess Bride (“unemployed in Greenland!”)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. 

In this bonus clip from Stay Tuned, Waldman discusses the myth of voter fraud, gerrymandering, and his time as a speechwriter for President Bill Clinton. • Brennan Center for Justice Report: “The Truth About Voter Fraud” • President Trump’s tweet claiming that millions of people illegally voted in the 2016 presidential election, 11/27/2016 • “The Voter-Fraud Myth,” New Yorker, 10/29/2012 • "The wordsmith behind Clinton's TelePrompTer," Christian Science Monitor, 08/10/1999  • Rucho v. Common Cause (2018)  • “The State of Redistricting Litigation,” Brennan Center for Justice, 8/2/2019 • “What is Gerrymandering? And Why Did the Supreme Court Rule It?,” NYT, 6/27/2019

In this episode of the CAFE Insider podcast, “The Death of Jeffrey Epstein” is now available. Preet and Anne break down:The apparent suicide of disgraced financier Jeffrey EpsteinUnlawful termination lawsuits filed by two former FBI officials, Andrew McCabe and Peter StrzokICE raids at Mississippi food processing plants that swept up hundreds of undocumented workersREFERENCES & SUPPLEMENTAL MATERIALSEPSTEIN’S DEATHFederal Bureau of Prisons Suicide Prevention Manual, bop.gov, 4/5/07Statement from Attorney General William P. Barr on the Death of Jeffrey Epstein, justice.gov, 8/10/19Statement of Manhattan U.S. Attorney on the Death of Defendant Jeffrey Epstein, justice.gov, 8/10/19Statement from the Federal Bureau of Prisons on Jeffrey Epstein’s death, Twitter, 8/10/19“Before Jail Suicide, Jeffrey Epstein Was Left Alone and Not Closely Monitored,” NYT, 8/11/19“‘We need answers. Lots of them.’ What’s known and what’s next after Jeffrey Epstein’s death,” Washington Post, 8/11/19“Unsealed documents show allegations against Jeffrey Epstein and his inner circle,” CNN, 8/11/19Some of the unsealed documents in a lawsuit brought by Epstein’s alleged victim, Virginia Roberts Giuffre, against Ghislaine Maxwell: here and here “A Horrifying Death in a Horrifying Jail,” Slate, 8/10/19MCCABE & STRZOK LAWSUITS 18 U.S. Code § 1001: Making false statements18 U.S. Code § 1621: PerjuryAndrew McCabe v. Attorney General William Barr et al., filed in the U.S. District Court for the District of Columbia on August 8, 2019Peter Strzok v. Attorney General William Barr et al., filed in the U.S. District Court for the District of Columbia on August 6, 2019A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe, Office of the Inspector General, U.S. Department of Justice, February 2018“Andrew McCabe and Peter Strzok are both suing the Justice Department,” Vox, 8/8/19ICE RAIDSStatement by the Department of Justice U.S. Attorney’s Office Southern District of Mississippi, justice.gov, 8/8/19“White House tells ICE to conduct dozens more workplace enforcement operations, source says,” CNN, 8/9/19“Prosecutors pick their battles. I chose not to pursue an ICE raid in Alabama,” Joyce Vance, Washington Post, 8/9/19“Mississippi Immigration Raids Lead To Arrests Of Hundreds Of Workers,” NPR, 8/7/19“ICE agents raid Miss. work sites, arrest 680 people in largest single-state immigration enforcement action in U.S. history,” Washington Post, 8/7/19

In this bonus clip from Stay Tuned, Miliband discusses Prime Minister’s Questions, Oxford, his time in politics, his definition of Justice, China, and more.Prime Minister's Questions News Overview, ParliamentHistory of British Parliament"Why have so many prime ministers gone to Oxford University?" BBC News, 10/05/2016"Labour lost election because voters turned against big state," The Telegraph, 08/03/2010Overview of 1992-1994 Commission on Social Justice