The Counsel

CAFE
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Feb 18, 2025 • 11min

Note from Elie 2/18: The Justice Department’s Existential Crisis Is Self-Inflicted

The podcast dives into the investigation surrounding Eric Adams and its implications for the Justice Department's credibility. It highlights a crisis fueled by political meddling, causing significant resignations and jeopardizing institutional integrity. A timely reminder emerges regarding the risks of politicizing prosecution. The discussion takes a lighter turn with fun ideas for engaging listeners at South by Southwest, blending serious legal insights with a dash of humor.
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Feb 12, 2025 • 9min

Note from Mimi 2/12: A Message to DOJ Rank and File

Former DA and federal prosecutor Mimi Rocah expresses concern over Attorney General Pam Bondi’s policies and urges junior federal prosecutors to stand firm in their principles with the change in administration.For a transcript of Mimi’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Feb 12, 2025 • 8min

Note from Elie 2/11: DOJ Abandons Adams Prosecution — and Independence

Explore the surprising dismissal of federal charges against New York City Mayor Eric Adams. Delve into the swirling allegations of conspiracy and bribery tied to foreign officials. Uncover the political motives behind the Justice Department's controversial decision, raising questions about accountability. Finally, examine how political influence shapes the integrity of our legal system, prompting a critical dialogue about justice and power dynamics.
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Feb 7, 2025 • 8min

Note from Elie 2/7: The “Make Me” Presidency

Elie Honig dives into Donald Trump's unique legal strategies, showcasing his audacity in the face of litigation. He discusses the controversial media tactics that shape public perception, even amid legal turmoil. The podcast also reveals the impact of federal funding battles and challenges to birthright citizenship, exposing the fragile legal frameworks behind them. Additionally, it highlights the dramatic firings of DOJ prosecutors under Trump, raising important constitutional questions about accountability and governance.
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Feb 5, 2025 • 8min

Note from Barb: Trump’s Demonization of Public Servants

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Jan 31, 2025 • 9min

Note from Elie 1/31: Donald Trump’s Assault on DOJ

The podcast dives into a humorous take on rising wireless service prices and the legal issues surrounding a Trump administration funding freeze. It reflects on a personal NFC Championship experience before analyzing Trump's contentious relationship with the Justice Department. Concerns are raised about the lack of serious investigations into the current administration and fears of politicization within the DOJ. Lastly, it tackles the implications of a Supreme Court ruling affecting January 6 rioter charges, highlighting the tension between political influence and justice.
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Jan 29, 2025 • 13min

Note from Rachel 1/29: Pardons Without Process

CAFE Contributor Rachel Barkow reflects on the pardons issued by President Trump and former President Biden, highlighting the flaws in the pardon process and necessary reforms.Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney’s Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg’s transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time. For a transcript of Rachel’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Jan 24, 2025 • 9min

Note from Elie 1/24: The Power of Pardons (To Distract)

Explore the chaos of Donald Trump’s second term and its legal challenges. Delve into the significance of clemency actions affecting over 1,000 convictions and the historical role of executive orders in shaping policy. Unpack the legal battles tied to new executive orders and their broader implications for governance and American policies. This insightful discussion offers a blend of humor and legal expertise, bringing clarity to complex issues at the intersection of law and politics.
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Jan 22, 2025 • 9min

Note from Asha 1/22: Meta's Pay to Play Gambit

Asha Rangappa is a Senior Lecturer at Yale University's Jackson Institute for Global Affairs. Before that, she served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. She is also a legal and national security analyst at CNN and an editor of Just Security. For a transcript of Asha’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Jan 14, 2025 • 9min

Note from Elie 1/14: Jack Smith, Paper Tiger

This discussion dives into the implications of Jack Smith's work as special counsel amidst political tensions. Listeners are invited to consider public perceptions of high-profile legal figures. The complexities of Smith's final report are likened to a sports player facing tough competition. Legal strategies against Trump are scrutinized, revealing both challenges and public reactions. Ultimately, the nuances of prosecutorial tactics and their impacts on the judicial landscape take center stage.

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