CAFE Insider

In this bonus clip from Stay Tuned, Ken Feinberg reveals how he navigated one of the hardest ethical dilemmas he has faced and reflects on his four mentors and what they taught him:REFERENCES & SUPPLEMENTAL MATERIALSJudge Jack WeinsteinJustice Stephen BreyerSenator Ted Kennedy: “Edward Kennedy dies at 77; 'liberal lion of the Senate,’” LAT, 8/26/09Robert Pitosfsky: “Robert Pitofsky, Champion of Consumer Protection, Dies at 88,” NYT, 10/11/18Thank you for being a member of the CAFE Insider community.

A day before the release of the Mueller report, Preet participated in an event organized by the Reiss Center on Law & Security and the Latham & Watkins Forum at NYU Law School, where he is a Distinguished Scholar in Residence.The event, moderated by Ryan Goodman, the founding co-editor-in-chief of Just Security and a fellow NYU professor, also featured Politico’s National Security Correspondent Natasha Bertrand.The panel placed Mueller’s report in its larger context, looked at SDNY’s reported Trump-related investigations, and offered perspectives on the road ahead.Here's an edited version of the conversation for CAFE Insiders. Thank you for joining our community.

Preet and Anne address the criticisms of Bob Mueller and Bill Barr, the tricky situation Mueller faced on obstruction, and what’s next as lawmakers grapple with the report’s findings and conclusions. REFERENCES AND SUPPLEMENTAL MATERIALSThe Mueller Report & Barr’s comments Mueller’s report, plus the executive summaries for Volumes I and IIBill Barr’s press conference, plus the transcript of his remarksOLC MemosThe 1973 and 2000 Office of Legal Counsel memos on indicting a sitting PresidentCongressional responseHouse Judiciary Committee Chairman Jerry Nadler’s subpoena requesting the unredacted Mueller report Federal Campaign Finance laws52 U.S.C. Subchapter I, Disclosure of Federal Campaign Funds, Legal Information Institute52 U.S. Code § 30121, Contributions and donations by foreign nationals, Legal Information Institute11 CFR § 110.20, Prohibition on contributions, donations, expenditures, independent expenditures, and disbursements by foreign nationals, Legal Information Institute   Rudy Giuliani An excerpt of Rudy Giuliani’s interview on CNN’s “State of the Union,” Preet’s interview, and a transcript of both interviewsMueller & the role of the Special CounselVideo: “MSNBC Reporter Confronts Robert Mueller Outside Church After Easter Service; Mueller: ‘No Comment,’” RealClearPolitics, 4/21/1928 CFR § 600, Special Counsel regulations“Special Counsel Investigations: History, Authority, Appointment and Removal,” Congressional Research Service, 3/13/19“Expired Independent-Counsel Law Leaves More Power with Justice Department,” Wall Street Journal, 5/10/17“How the Mueller report reminds us of Watergate,” Washington Post, 4/19/19Reactions to & analysis of Mueller’s report“Obstruction of Justice in the Mueller Report: A Heat Map,” Lawfare, 4/21/19“Trump lawyers reviewed Mueller report for 10 hours before it was made public,” Reuters, 4/19/19“How a legal dispute between Mueller and Barr drove the end of the special counsel’s probe,” Washington Post, 4/20/19“Robert Mueller failed to do his duty,” Washington Post, 4/19/19“On live TV, instant Mueller report takes reveal the challenges of real time reporting,” Washington Post, 4/20/19“All the Mistakes Mueller Made in Declining to Prosecute Donald Trump Jr,” Slate, 4/18/19 Trump’s prior experience with depositions“Trump: A True Story,” Washington PostWe 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 Insider bonus, Preet and Anne continue their discussion of the newly released Mueller report.REFERENCES AND SUPPLEMENTAL MATERIALSThe (redacted) Mueller reportBill Barr’s press conference, plus the transcript of his remarksThe 1973 and 2000 Office of Legal Counsel memos regarding DOJ policy on indicting a sitting PresidentThanks for being a member of the Insider community. 

CAFE Insider 04/15: "Spying" & LyingPreet and Anne discuss:The arrest and indictment of WikiLeaks founder, Julian Assange, and the likelihood that he’ll testify at Roger Stone’s trialAttorney General Bill Barr’s testimony that the Justice Department would look into potential inappropriate “spying” on the Trump campaignThe indictment of prominent Democratic lawyer Greg Craig who served as President Obama’s White House counselThe indictment of attorney Michael Avenatti in California on dozens of charges arising from a scheme to defraud his clientsPresident Trump’s proposal to send undocumented immigrants to Sanctuary CitiesThe relationship between the police and prosecutors. REFERENCES AND SUPPLEMENTAL MATERIALSJULIAN ASSANGE’S INDICTMENT & PRESS FREEDOMSJulian Assange’s indictment filed by the Eastern District of Virginia“Assange: A Self-Proclaimed Foe of Secrecy Who Inspires Both Admiration and Fury,” NYT, 4/11/19“Julian Assange has been charged, prosecutors reveal inadvertently in court filing,” Washington Post, 11/15/18“Press Freedoms and the Case Against Julian Assange, Explained,” NYT, 4/11/19“Q: Could U.S. Prosecute Reporters For Classified Scoops? A: Maybe,” NPR, 3/22/17“How Julian Assange and Chelsea Manning became intertwined,” ABCNews, 4/12/19“Everything You Need to Know About Wikileaks,” MIT Technology Review, 12/9/10“Julian Assange, A Man Without A Country,” New Yorker, 8/14/17“Julian Assange’s arrest could end as a test for press freedom,” CNN, 4/11/19“Trump on WikiLeaks after Assange arrest: ‘It’s not my thing,’” The Hill, 4/11/19Christina Wilkie’s tweet documenting Trump’s inconsistent love of Wikileaks“Behind the Race to Publish the Top-Secret Pentagon Papers,” NYT, 12/20/17“What Would Daniel Ellsberg Do With the Pentagon Papers Today?,” NYT, 4/18/10JULIAN ASSANGE’S CATWikileaks tweet confirming Assange’s cat is safeAssange’s Cat’s twitter account (@EmbassyCat)EXTRADITION “What is Extradition,” Council on Foreign Relations, 4/11/19The Extradition Treaty between the US and UK, 3/31/03ROGER STONEStone’s Motion to Dismiss his indictment in DC courtStone’s Motion to Compel Complete Report of the Special CounselStone indictment filed by the District Court for the District of Columbia“Roger Stone wants to put Assange on the stand,” Politico, 4/12/19BILL BARR & CAMPAIGN “SPYING”“Clip: Attorney General Says He Thinks Spying Occurred on Trump Campaign,” C-SPAN, 4/10/19“Bill Barr’s Low Moment,” Lawfare Blog, 4/10/19“Comey: 'I have no idea' what Barr meant with 'spying' comment,” The Hill, 4/11/19Trump’s “never forget” tweet invoking Barr’s use of the word “spying”GREG CRAIGGreg Craig’s indictment filed in the District Court for the District of Columbia18 U.S. Code § 1001Foreign Agents Registration Act (FARA), Department of Justice“Gregory Craig, former Obama White House counsel, charged with making false statements related to Ukraine work in latest Mueller fallout,” Washington Post, 4/11/19“Prominent Democratic lawyer Greg Craig close to being charged in case stemming from Mueller probe,” CNN, 3/28/19“Paul Manafort Guilty Plea Highlights Increased Enforcement of Foreign Agents Registration,” Lawfare Blog, 9/14/18MICHAEL AVENATTIThe indictment filed by the U.S. Attorney for the Central District of California against Michael Avenatti“Attorney Michael Avenatti Named in Federal Grand Jury Indictment that Accuses Him of Stealing Millions of Dollars from Clients,” U.S. Attorney’s Office for Central District of CA, 4/11/19“Michael Avenatti Faces New Criminal Charges in Escalated Federal Case,” NYT, 4/11/19SANCTUARY CITIES“White House proposed releasing immigrant detainees in sanctuary cities, targeting political foes,” Washington Post, 4/11/19Trump’s tweet confirming reports on the Sanctuary Cities proposal“Trump Urged Homeland Security Official to Close Border Despite an Earlier Promise of a Delay,” NYT, 4/12/19Mayor Jenny Durkan, “Seattle isn’t afraid of immigrants, Mr. Trump,” Washington Post, 4/12/19We hope you’re enjoying CAFE Insider. Email us at Insider@cafe.com with your suggestions and questions for Preet and Anne. 

In this bonus clip of Stay Tuned, Bob Caro discusses why it’s important to:Ask the same question over and over againInterview people in personShut up, andOutlineCaro also talks about his writing getup.REFERENCES AND SUPPLEMENTAL MATERIALJoseph CalifanoJoseph Califano, LBJ Presidential LibraryLyndon B. Johnson“The American Promise,” Lyndon Johnson’s speech to Congress, 3/15/65LBJ Speech Writers“The LBJ the Nation Seldom Saw,” LBJ Presidential Library, former LFB speechwriter Rob Hardesty“Richard Goodwin: The Speechwriter Who Named the ‘Great Society,’” Politico, 12/30/18“Horace Busby, 76, Ex-White House Aide and Johnson Adviser,” NYT, 6/3/00Bob Woodward“Bob Woodward Gets to the Bottom of Things: Timeless Investigative Journalism,” Writer’s Digest, August 1996

CAFE Insider: Hide & Seek: Trump's Taxes, Mueller's Report04/08/19Preet and Anne discuss: ·      The fight to get President Trump’s tax returnsWhat members of Mueller’s team are saying about Bill Barr’s summary of the Special Counsel’s conclusionsWhether grand jury materials will be redacted from the Mueller report and the relevance of McKeever v. Barr, a new decision from the D.C. Circuit Court of AppealsThe resignation of Department of Homeland Security Secretary Kirstjen NielsenWEBBY AWARDS Stay Tuned with Preet has been nominated for a Webby Award for the best individual episode of a podcast. The selection is Preet’s interview with Bill Browder, a financier who became the driving force behind the Magnitsky Act and is now often described as President Putin’s #1 foe.If you haven’t already, check out the episode, and cast your vote for Stay Tuned at webbyawards.com, in the podcast category. We appreciate your support!REFERENCES AND SUPPLEMENTAL MATERIALSCheck out Preet’s book, “Doing Justice” – it’s now #5 on the NYT best seller list and among the nine books recommended by the Times book editor.The President’s Tax Returns 26 U.S.C. § 6103, Confidentiality and disclosure of returns and return information, Legal Information Institute  House Committee on Ways and Means Chairman Richard Neal’s letter to IRS Commissioner Charles Rettig, requesting 6 years of Trump’s tax returns, 4/3/19Trump attorney William Consovoy’s letter to General Counsel of the Treasury Brent McIntosh, asserting the President’s right to keep the tax returns private, 4/5/19“Trump says he’s being subjected to the ‘highest level of Presidential Harassment’ in history amid Democratic investigations,” WaPo, 4/4/19“Trump Asked That Confirmation of I.R.S. Counsel Be a Priority, NYT, 4/4/19“Mulvaney says Democrats will ‘never’ obtain Trump’s taxes,” NBCNews, 4/7/19“In questioning Cohen, Ocasio-Cortez focuses on potential Trump fraud,” Yahoo Finance, 2/27/19“Why We Ask to See Candidates’ Tax Returns,” NYT, 8/5/16“JCT Investigation of Nixon’s Tax Returns,” by Professor Joseph Thorndike for the United States Capitol Historical Society, February 2016“Where the Benghazi Committee Went Wrong,” New Yorker, 10/22/15  Bill Barr & The Mueller Report“Some on Mueller’s Team Say Report Was More Damaging Than Barr Revealed,” NYT, 4/3/19“Limited information Barr has shared about Russia investigation frustrated some on Mueller’s team,” WaPo, 4/4/19Committee on the Judiciary Chairman Jerrold Nadler’s letter to Attorney General Bill Bar requesting any summaries prepared by the Special Counsel’s Office, as well as any related communications between the Justice Department and the Special Counsel’s Office.Department of Justice statement in response to reports from the NYT, Washington Post, and NBC News that members of Mueller’s team have expressed concerns over Barr’s characterizations of Mueller’s conclusions, 4/4/19The House Judiciary Committee’s resolution authorizing subpoenas to obtain the full Mueller report and all the underlying evidence“House Dems authorize subpoena for full Mueller report,” Politico, 4/3/19“Appeals court narrows path for disclosure of grand jury info in Mueller report,” Politico, 4/5/19“William Barr’s Choices,” New Yorker, 4/7/19McKeever v. Barr (D.C. Cir. 2019)Haldeman v. Sirica (D.C. Cir. 1974)Rule 6, The Grand Jury, Legal Information Institute Kirstjen Nielsen out as DHS Secretary“Kirstjen Nielsen Resigns as Trump’s Homeland Security Secretary,” NYT, 4/7/19Kirstjen Nielsen’s resignation letter“Nominations: A Historical Overview,” United States Senate 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. 

Stay Tuned Bonus4/4/19In this bonus clip from Stay Tuned, Preet and Sal Khan talk about what it takes to be a good student, what makes a great teacher, and the power of the subconscious. 

Episode 19: “Justice Off-Balance”04/01/2019On Episode 19 of CAFE Insider, Preet and Anne discuss:The latest on making Mueller’s report publicThe acrimony in the House Intelligence CommitteeThe GOP’s calls to investigate the investigatorsSDNY’s extortion case against Michael AvenattiAlex Jones’s depositionThe Cook County State Attorney’s handling of the Jussie Smollett caseREFERENCES AND SUPPLEMENTAL MATERIALSCheck out Preet’s book, “Doing Justice” – it’s a #4 NYT BestsellerBill Barr and the Mueller ReportBarr’s second letter to lawmakers giving an update on the release of the Mueller reportFederal Rules of Criminal Procedure: Rule 6 (e) “The Grand Jury, Recording and Disclosing the Proceedings”The 2008 Office of Legal Counsel Opinion, “Assertion of Executive Privilege Concerning the Special Counsel’s Interviews of the Vice President and Senior White House Staff”An article in the NYT reporting on the length and release of Mueller’s reportAn explainer from the Washington Post on how executive privilege works and how it doesn’tAdam Schiff and the acrimony in the House Intel CommitteeThe letter Republican members of the House Intelligence Committee sent to Chairman Adam Schiff urging him to resign his postA video of Rep. Schiff’s speech responding to the GOP’s calls for his resignationAn article in the Washington Post about the GOP and Trump’s attacks on Rep. Schiff A 2012 article from the Washington Post on the former Intel Committee Chairman, Mike Rogers, a Republican, and the community of bipartisanship he createdRep. Schiff’s March 2018 interview on Stay TunedPolls NBC News/Wall Street Journal poll which found that 29% of Americans believe President Trump has been cleared of wrongdoingDecember 2018 NPR/PBS poll, which found that more than three in four Americans wanted the Mueller report to be released in its entiretyMichael AvenattiSDNY’s criminal complaint against AvenattiThe criminal complaint filed by the U.S. Attorney for the Central District of CaliforniaBloomberg columnist Matt Levine’s take on Avenatti's arrestAlex JonesCharlie Warzel’s piece for the NYT, “Why Courtrooms Are Kryptonite for Alex Jones”An article in the NYT on the lawsuit against Alex JonesJussie Smollett A Chicago Tribune op-ed by Cook County State’s Attorney Kim Foxx, explaining the handling of the Jussie Smollett caseThe Illinois Prosecutors Bar Association Statement on Jussie Smollett Case DismissalA timeline from NPR on the developments in the Jussie Smollett caseA clip from the film Miller’s Crossing (“So it’s clear what I’m saying?” “As mud”)The sandwich debateA listener tweet with a pressing question, plus this helpful infographicWe 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. 

CAFE Insider: Don't Barr Mueller's ReportTaped on 3/25/19Preet and Anne dissect Attorney General Bill Barr’s summary of Bob Mueller’s principal conclusions and look ahead to what’s next.  REFERENCES AND SUPPLEMENTAL MATERIALSOrder Preet’s book, “Doing Justice,” here.Bob MuellerPreet’s blurb on Bob Mueller for the Time100 from 2018An article from the Washington Post on the origin of Mueller’s investigation into obstruction of justiceA March 2019 Congressional Research Service report: “Special Counsel Investigations: History, Authority, Appointment and Removal” Bill Barr AG Bill Barr’s letter to congressional leaders summarizing Mueller’s principal conclusions28 CFR § 600.8 - Notification and reports by the Special CounselFederal Rules of Criminal Procedure, Rule 6(e) – Recording and Disclosing Grand Jury Proceedings.A tweet from CNN’s Laura Jarrett reporting that Mueller was not consulted on AG Barr’s letter TrumpTrump’s response to Barr’s summaryAn article from Politico about Trump’s written responses to Mueller’s questions (in lieu of an in-person interview) Rudy Giuliani & Charging obstruction when there’s no underlying crimeTranscript and video of Rudy Giuliani’s appearance on CNN, where he argues, “it’s almost impossible to have obstruction of justice if there’s no underlying crime.”An article from the NYT on Martha Stewart’s 2003 case in which she was charged with obstruction, but not the underlying crime of insider trading. Roger Stone An article from the Washington Post on Roger Stone’s case, plus his indictment Michael FlynnAn article from CNN on Michael Flynn’s cooperation in other criminal investigations Other investigationsA report from NPR on investigations into Trump by other prosecutor offices and congressional committees FergusonThe DOJ report on the shooting of Michael Brown in Ferguson, MissouriWe 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.