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 [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.

REFERENCES AND SUPPLEMENTAL MATERIALS

THE 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, 9/7/19

DOJ ANTI-TRUST INVESTIGATION

• Clean 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, 9/6/19
• Former 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, 2/26/19

9/11 & THE TRIAL OF KHALID SHEIK MOHAMMED (KSM)

• Preet’s tweet about the trial, 8/30/19
• Military Commissions Act of 2006
• Military 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 Commissions
• Hamdan v. Rumsfeld (2006), Oyez
• Boumediene 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, 2/3/10

OFFICE 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, 7/18/17
• Justice 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, 8/15/04

INVESTIGATION INTO TRUMP PROPERTIES

• “Air Force leaders order probe of Trump resort stays,” Politico, 9/8/19
• Preet’s tweet advising the House to “Scorch the earth,” 9/6/19

MARK 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, 9/8/19
• Trump tweet about Sanford and “The Three Stooges," 9/9/19
• Trump tweet about Sanford’s reason for being in Argentina, 8/27/19
• "Dumb and Dumber" (1994), IMDb