In this episode of CAFE Insider, “COVID-19 & Other Contagions” Preet and Anne break down the latest high-profile legal and political news making the headlines, including: 

— The Trump administration’s response to the coronavirus, and the dangers associated with the politicization of a public health crisis. 

— President Trump’s announcement that he is once again nominating Rep. John Ratcliffe for Director of National Intelligence — the same staunch loyalist who he had previously nominated in July before quickly withdrawing his name amid concerns around Ratcliffe’s lack of experience and partisanship. 

— The Trump campaign’s libel suit against the New York Times over an March 2019 op-ed about the 2016 campaign’s alleged quid pro quo with Russia — and the signal that the claim sends about the campaign’s willingness to use meritless lawsuits as a political cudgel heading into the election. 

— The ruling by the DC Circuit Court of Appeals preventing the House Judiciary Committee from compelling testimony from former White House Counsel Don McGahn, and the implications of that decision on the House’s ability to conduct oversight.

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.

REFERENCES & SUPPLEMENTAL MATERIALS

SUPER TUESDAY

• “What is Super Tuesday and why is it important?” Washington Post, 3/3/20
• “Buttigieg and Klobuchar endorse Biden, aiming to slow down Sanders,” New York Times, 3/3/20

CORONAVIRUS 

• Clip: Trump Coronavirus Press Conference, 2/29/20
• World Health Organization’s Rolling Updates on COVID-19
• “Preventing COVID-19 Spread in Communities,” CDC, 3/3/20
• “US supply chains and ports under strain from coronavirus,” Financial Times, 3/2/20
• “Coronavirus fears fuel shortage of hand sanitizer, face masks,” Chicago Tribune, 3/3/20
• “Trump holds press conference a day after ‘hoax’ comments,” USA Today, 2/29/20
• “Trump accuses media and Democrats of exaggerating coronavirus threat,” New York Times, 2/28/20
• “Trump puts Pence in charge of coronavirus response,” Politico, 2/26/20

DNI 

• Acting Officer Statute in Federal Vacancy Reform Act of 1998
• Steve Vladeck tweet on strategy behind nominating Ratcliffe, 2/28/20
• “Trump again nominates Rep. John Ratcliffe to be DNI,” Washington Post, 2/28/20
• “Looks Like DNI Nominee John Ratfliffe May Have Told a Fib (or Five) about his Resume,” Above the Law, 8/1/19
• “Key Republican Senator says he’ll back Trump’s controversial pick for intel chief,” CNN, 3/2/20
• “Trump Nominates Richard Grenell as Acting Head of Intelligence,” New York Times, 2/19/20

TRUMP LIBEL SUIT

• Trump campaign libel lawsuit filing, 2/26/20
• The “malice test” in New York Times Co. v. Sullivan (1964)
• A case distinguishing defamatory opinions from defamatory facts: Davis v. Boeheim (NY Court of Appeals, 2013) 
• “Trump Campaign Sues New York Times for Libel,” New York Times, 2/26/20
• “The Real Trump-Russia Quid Pro Quo,” New York Times, 3/27/19
• “Trump’s curious lawsuit against the New York Times,” National Review, 2/28/20
• “Why the Trump campaign’s frivolous lawsuit against the New York Times is dangerous,” Washington Post, 2/29/20

MCGAHN DECISION

• The decision in House Committee on the Judiciary v. Donald F. McGahn, 2/28/20
• “Court of Appeals Decision Amounts to a Constitutional Earthquake,” CNN, 3/2/20
• “Dems tread cautiously on investigations after impeachment,” Politico, 3/1/20

STONE SENTENCING

• “Why President Trump Can’t Pardon Roger Stone,” Politico, 2/27/20
• “Roger Stone jury forewoman question in court,” Fox News, 2/25/20

ANNE LAUGHING CHALLENGE 

• Nicole Najafi Twitter thread on hypothetical dates with Democratic presidential candidates, 2/22/20