CAFE Insider

In this episode of CAFE Insider, Preet and Anne focus on: The majority opinion and the dissent in the Supreme Court’s recently decided Flowers v. Mississippi  The dos and don’ts of jury selectionTheir own courtroom war stories REFERENCES & SUPPLEMENTAL MATERIALSFLOWERS V. MISSISSIPPIFlowers v. Mississippi (2019), OyezAudio: The oral arguments in Flowers, C-SPAN, 3/20/19“Excluding Black Jurors in Curtis Flowers Case Violated Constitution, Supreme Court Rules,” New York Times, 6/21/19“Opinion analysis: Justices reverse death sentence for Mississippi inmate,” SCOTUSblog, 6/21/19THE U.S. CONSTITUTIONArticle III, Legal Information Institute14th Amendment, Legal Information InstituteJURY SELECTIONBatson v. Kentucky (1986), OyezJustice Brett Kavanaugh’s article: “Defense Presence and Participation: A Procedural Minimum for Batson v. Kentucky Hearings,” Yale Law Journal, 1989“Learn About Jury Service,” United States Courts TV show: “Bull,” CBSDOUBLE JEOPARDYGamble v. United States (2019), Oyez JUDGE ANNE THOMPSONJudge Anne Thompson’s appearance on CAFE Insider“Judge Anne Thompson has seen it all in a long career,” The Trentonian, 11/25/12 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 clip from Stay Tuned, Rachel Barkow discusses penal populism, the possibility of a pardon for Navy Seal Ed Gallagher, Justice Scalia’s judicial philosophy, why good writing matters for Supreme Court Justices, and cameras in the courtroom.Thank you for being a member of the CAFE Insider community. REFERENCES & SUPPLEMENTAL MATERIALSED GALLAGHER“Trump May Be Preparing Pardons for Servicemen Accused of War Crimes,” New York Times, 5/18/19JUSTICE SCALIA“The Court after Scalia: A mixed bag on criminal law and procedure issues,” SCOTUSblog, 9/9/16

In this episode of CAFE Insider, Preet and Anne discuss: The Justice Department’s argument against giving soap and toothbrushes to detained migrant childrenThe White House’s position that Hope Hicks has “absolute immunity” from testifying An unusual intervention by the Justice Department to spare Paul Manafort from Rikers Island jail  A book deal reportedly secured by a top prosecutor on Mueller’s team REFERENCES AND SUPPLEMENTAL MATERIALSDEMOCRATIC PRIMARY DEBATES “2020 primary debate guide: Everything you need to know ahead of the first Democratic showdown,” The Hill, 6/24/19FLORES LITIGATIONWatch the 9th Circuit Court proceedings regarding Jenny Flores v. William Barr, 6/18/19“Detained migrant children got no toothbrush, no soap, no sleep. It’s no problem, government argues.,” Washington Post, 6/21/19 Jenny Lisette Flores et all v. Janet Reno et al. Settlement Agreement (1997) “Unaccompanied Minors and the Flores Settlement Agreement: What to Know,” The National Conference of State Legislatures Blog, 10/30/18Flores v. Session (2017) opinionCentral District of California Judge Dolly Gee’s order in Flores v. Sessions (2017)  Vice President Mike Pence’s interview on CNN’s State of the Union and the transcript“9th Circuit to allow live video of hearings in major cases,” LA Times, 12/2/13PAUL MANAFORT“Paul Manafort Seemed Headed to Rikers. Then the Justice Department Intervened.,” New York Times, 6/17/19“Paul Manafort’s transfer from Rikers Island shows how corrupt the DOJ really is,” Washington Post, 6/19/19 Deputy Attorney General Jeffrey Rosen’s letter to Manhattan District Attorney Cy Vance regarding Manafort’s custodyLetters exchanged between Manafort’s attorney, Todd Blanche, FCI Lorretto Warden Vicky Moser, and the Manhattan District Attorney’s Office regarding Manafort’s custodyHOPE HICKSTranscript of Hope Hicks’ closed-door testimony before the House Judiciary Committee on June 19th “Nadler: Hope Hicks testimony is huge gift in legal battle with Trump,” Politico, 6/21/19US v. Nixon (1974) opinion Office of Legal Counsel opinion: “Immunity of the Former Counsel to the President From Compelled Congressional Testimony” (2007)White House Counsel Pat Cipollone’s June 18th letter to House Judiciary Committee Chairman Jerry Nadler regarding Hope Hicks’ June 19th testimony ANDREW WEISSMANN“Andrew Weissmann, a Top Mueller Prosecutor, Has a Book Deal,” New York Times, 6/21/19We 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, Ben Rhodes discusses the value of personal relationships between world leaders, if it’s possible to be overly aspirational in speeches, and his real-time reaction to Trump’s 2016 election.Thank you for being a member of the CAFE Insider community.REFERENCES AND SUPPLEMENTAL MATERIALS“Rare Harmony as China and U.S. Commit to Climate Deal,” New York Times, 9/3/16“A Timeline of Trump’s Strange Back-and-Forth With Kim Jong-un,” Rolling Stone, 2/26/19

On today's episode of CAFE Insider, "Law is for Losers," Preet and Anne discuss: President Trump’s ABC News interview with George Stephanopoulos New developments in John Durham’s review into the origins of the Russia investigationMichael Flynn’s new attorney, a virulent critic of Mueller’s probeThe Office of Special Counsel’s recommendation to remove Kellyanne Conway for alleged violations of the Hatch ActThe Office of Legal Counsel’s new memo backing Treasury Secretary Mnuchin’s decision to resist House’s request for Trump’s tax returnsREFERENCES & SUPPLEMENTAL MATERIALSTRUMP’S ABC NEWS INTERVIEW “Transcript: ABC News' George Stephanopoulos' exclusive interview with President Trump,” ABC News, 6/16/19“Trump just mused openly about committing what might well be a crime,” Washington Post, 6/13/1952 USC § 30101: Definitions (From Title 52: Voting and Elections)52 USC § 30121: Contributions and donations by foreign nationals (From Title 52: Voting and Elections)“What Wray said about taking dirt from foreign government,” CNN, 6/12/19“Chris Coons Questions William Barr on Mueller Report,” C-SPAN, 5/1/19 (exchange starts at 6:49) “Read the Mueller Report: Searchable Document and Index,” New York Times, 4/18/19Federal Election Commission Chair Ellen Weintraub’s statement“Democrats to launch fresh push to counter foreign interference in elections,” Washington Post, 6/13/19The Anti-Collusion Act, introduced by Representative Tom Malinowski (D-NJ)JOHN DURHAM“Justice Dept. Seeks to Question C.I.A. in Its Own Russia Investigation,” New York Times, 6/12/19MICHAEL FLYNN’S NEW COUNSEL: SIDNEY POWELL“Michael Flynn hires Sidney Powell as new counsel,” The HillFlynn’s Joint Status Report“Flynn ordered to appear in court with new Trump-approved lawyer,” Politico, 6/14/19 “General Flynn Should Withdraw His Guilty Plea. His New Judge is a Government Misconduct Expert,” Daily Caller, 2/16/18Sidney Powell’s websiteKELLYANNE CONWAY & THE HATCH ACTThe Office of Special Counsel’s (OSC) report detailing Kellyanne Conway’s violations of the Hatch ActThe Office of Special Counsel websiteHatch Act, Office of Special CounselWhite House Counsel Pat Cipollone’s letter to Special Counsel Henry Kerner responding to OSC’s report“What Is the Hatch Act? Explaining Why Trump Was Urged to Fire Kellyanne Conway,” Washington Post, 6/13/19“Trump on ‘Fox & Friends’: I will not fire Kellyanne Conway after watchdog rebuke,” Fox News, 6/14/19George Conway’s twitter TRUMP’S TAX RETURNSOffice of Legal Counsel’s opinion supporting the Treasury Department’s refusal to comply with a congressional request for President Trump’s tax returns26 U.S. Code § 6103: Confidentiality and disclosure of returns and return information (From Title 26: Internal Revenue Code)Professor Marty Lederman’s tweets responding to the OLC opinionANNE MILGRAM’S TRAFFIC TICKET“Speeding in New Jersey, Annotated,” New York Times, 8/11/08We 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, David McCraw, the Deputy General Counsel of the New York Times, discusses "raving moderates," kidnapped reporters, indictment of Julian Assange, and confusing lawyers with their clients. Thank you for being a member of the CAFE Insider community.REFERENCES AND SUPPLEMENTAL MATERIALSDAVID ROHDE “Times Reporter Escapes Taliban After 7 Months,” New York Times, 6/20/09“The logic of not paying ransoms,” Washington Post, 8/21/14JULIAN ASSANGE“Assange Indicted Under Espionage Act, Raising First Amendment Issues,” New York Times, 5/23/19HARVARD DEAN“Winthrop Faculty Deans to Leave After Harvard Refuses to Renew Their Appointments,” The Harvard Crimson, 5/11/19“Harvey Weinstein's ex-lawyer loses position at Harvard despite bowing out of case,” ABC News, 5/12/19

In this episode of the CAFE Insider podcast, "Judgment Calls," Preet and Anne make sense of the headlines, including:A voicemail President Trump’s lawyer John Dowd left for Michael Flynn’s attorney, which has raised questions about witness tamperingCriminal charges against former Broward County Sheriff Deputy Scot Peterson who failed to confront the Parkland high school shooter in Florida last yearThe Central Park Five case, back in the spotlight, after a new Netflix series by Ava Duvernay REFERENCES AND SUPPLEMENTAL MATERIALSJUDGE ANNE THOMPSON“Judge Anne Thompson has seen it all in long career,” The Trentonian, 11/25/12STATE OF FLORIDA v. SCOT PETERSONScot Peterson’s warrant and charging documents“Scot Peterson Is Released on Bond. Here’s How He’s Explained His Actions During the Parkland Shooting.,” New York Times, 6/6/19“Parkland Officer Who Stayed Outside During Shooting Faces Criminal Charges,” New York Times, 6/4/19Title XLVI § 827.03: Abuse, aggravated abuse, and neglect of a child; penalties, The 2018 Florida StatutesMICHAEL FLYNN“Listen to Trump’s Lawyer Make Appeal After Flynn Agreed to Cooperate With Mueller,” New York Times, 6/6/19“Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside,” New York Times, 6/9/19“The legal concept binding Team Trump in opposition to Team Mueller,” Washington Post, 7/9/18“Michael Cohen, Attorney-Client Privilege and the Crime-Fraud Exception,” Lawfare, 4/10/18“Michael Flynn fires his attorneys and retains new counsel as he awaits sentencing,” Washington Post, 6/6/19CENTRAL PARK FIVE“When They See Us,” Ava DuVernayAll documents, including videos of statements the Five made to prosecutors, can be found hereNancy Ryan’s memorandum in response to motion to vacate judgment of conviction“Linda Fairstein, Once Cheered, Faces Storm After ‘When They See Us,’” New York Times, 6/6/19“Ava DuVernay lets Trump 'speak for himself' in Central Park Five series 'When They See Us,'” USA Today, 6/3/19“A Crime Revisited: The Decision; 13 years later, official reversal in jogger attack,” New York Times, 12/6/02“A Profile of Matias Reyes,” New York Daily News, 4/9/13MARSDonald Trump’s tweet about NASAJason Gilbert’s tweet about JFKWe 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 from Stay Tuned, Benjamin Dreyer talks about cliches, humor in writing, translating thoughts to a page, and the importance of grammar disputes. Plus he shares some timeless advice. Thank you for being a member of the CAFE Insider community.

In this episode of CAFE Insider, "Treason Season," Preet and Anne discuss:Bill Barr’s first network news interview since becoming Attorney GeneralBarr’s new declassification powers, and the President’s allegations that the FBI’s top ranks engaged in treasonous conductA new development in a case concerning the Trump administration’s decision to add a citizenship question to the 2020 Census, and more.REFERENCES & SUPPLEMENTAL MATERIALS:VIRGINIA BEACH SHOOTING “Virginia Beach gunman resigned hours before mass shooting, officials say,” Washington Post, 6/2/19“Why the shooting in Virginia Beach sets an ominous precedent,” Washington Post, 6/1/19BILL BARR’S CBS NEWS INTERVIEW“William Barr interview: Read the full transcript,” CBSNews, 5/31/19BARR’S DECLASSIFICATION POWER“Presidential Memorandum on Barr Review,” Lawfare Blog, 5/23/19“DNI Coats Statement on the Department of Justice Review,” Office of the Director of National Intelligence, 5/24/19“A Different View on the President’s Delegation of Declassification Authority to the Attorney General,” Lawfare Blog, 6/1/19MUELLER’S REPORT “Full Transcript of Mueller’s Statement on Russia Investigation,” New York Times, 5/29/19“The Mueller Report’s Weak Statutory Interpretation Analysis: Part II,” Lawfare Blog, 5/23/19“TREASON”Article III, Section 3 of the Constitution, Legal Information Institute“18 U.S. Code § 2381. Treason,” Legal Information Institute“18 U.S. Code § 2384. Seditious conspiracy,” Legal Information Institute“Trump doesn't seem to understand what 'treason' means,” NBCNews, 5/24/19Clip of Rep. Liz Cheney on ABC News discussing “treason”Preet’s August 2018 appearance on "Real Time with Bill Maher"EMMET FLOOD Donald J. Trump’s tweet announcing Flood’s resignation, 6/1/19“Emmet T. Flood to Step Down as White House Lawyer,” New York Times, 6/1/192020 CENSUS State of New York, et al., v. United States Department of Commerce, et al (Jan 15, 2019), Justicia“Why The Census Asking About Citizenship Is Such A Problem,” Brennan Center for Justice, 3/27/18“Justices will review challenge to census citizenship question: In Plain English,” SCOTUSBlog, 4/2/19“Supreme Court Appears To Lean Toward Allowing Census Citizenship Question,” National Public Radio, 4/23/19“Deceased G.O.P. Strategist’s Hard Drives Reveal New Details on the Census Citizenship Question,” New York Times, 5/30/19DEEP FAKES“Faked Pelosi videos, slowed to make her appear drunk, spread across social media,” Washington Post, 5/24/19DEFINITIONS"Vituperative," Merriam-WebsterWe 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 Stay Tuned bonus, Preet and Anne continue their analysis of Mueller's first public statement since his appointment as Special Counsel. Plus Andrew Yang reveals how he stays sane while campaigning, how he’d change the rhetoric on U.S. national security, and whether entrepreneurs are born or made.REFERENCES AND SUPPLEMENTAL MATERIALS: “Special Counsel Robert S. Mueller III Makes Statement on Investigation into Russian Interference in the 2016 Presidential Election,” Department of Justice, 5/29/19Bill Barr’s April 2019 Press Conference on the Mueller ReportThe 1973 and 2000 Office of Legal Counsel memos on indicting a sitting PresidentThank you for being a member of the CAFE Insider community.