In this episode of CAFE Insider, “Rolling with Pandemic Punches,” Preet and Anne break down politically-charged legal issues and developments, including:

— President Trump’s threat to force Congress to adjourn so that he can bypass the Senate confirmation process for judicial nominees, a process known as “recess appointments.”

— An update on members of Trump’s inner circle, including Michael Cohen, Roger Stone, and Paul Manafort, the possibility that the president might pardon them, and the Justice Department’s compassionate release policy. 

— The Supreme Court’s decision to livestream oral arguments for the first time in its history due to coronavirus, and the high-profile cases that the public will now be able to hear, including those involving Trump’s taxes.

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

REFERENCES & SUPPLEMENTAL MATERIALS

IMMIGRATION ORDER

• Trump tweet announcing executive order suspending immigration, 4/20/20
• “‘Liberate’: Trump tweets support of protests against stay-at-home orders,” Washington Post, 4/17/20 

RECESS APPOINTMENTS

• “CLIP: Trump threatens to adjourn Congress, CNN, 4/15/20
• Article II Sec. 2 of the Constitution, the “Appointments Clause”
• Article II Sec. 3 of the Constitution, the “Adjournment Clause” 

JUDGES

• Statistics on Trump’s record pace of judicial confirmations
• CLIP: Trump says leaving officials in acting capacity gives him “flexibility,” 4/15/19
• “Senate hits pause on confirming Trump judges,” Politico, 4/13/20
• “Judge Justin Walker is a window into McConnell’s sway over federal courts,” Roll Call, 4/17/20

REMOTE CONGRESSIONAL VOTING

• House Rules Committee report outlining the issues with remote voting, 3/26/20
• “House Democrats Back Changing Rules to Allow Remote Voting During Pandemic,” New York Times, 4/16/20

TRUMP’S INNER CIRCLE  

• Judge Amy Berman Jackson’s decision denying Stone’s motion for retrial, 4/16/20
• CLIP: Trump addresses pardoning Stone, Manafort, Flynn 
• “Michael Cohen is among prisoners to be released early because of virus,” New York Times, 4/17/20

COVID IMPACT ON PRISONS 

• Bureau of Prisons Compassionate Release procedures
• Barr BOP memo encouraging home confinement, 3/26/20
• BOP coronavirus statistics, 4/21/20

SUPREME COURT LIVE STREAM

• “Oral arguments to be streamed live for first time ever,” CNN, 4/13/20
• “The Supreme Court Should Never Go Back to its Pre-coronavirus ways,” Melissa Murray Atlantic piece, 4/15/20
• “Supreme Court sets May 12th argument date for case on Trump’s financial records,” Bloomberg Law, 4/15/20

LAUGHING CHALLENGE

• Judge Dennis Bailey’s letter regarding appropriate Zoom courtroom attire, 4/14/20