In this special episode of the CAFE Insider podcast, "Water Under the Bridgegate," Preet and Anne break down the politically-charged legal news making the headlines, including:The fallout from Attorney General Bill Barr’s decision to dismiss the DOJ’s case against Michael Flynn — and whether Flynn’s supporters have reason to be upset with the FBI’s handling of his investigation. 

The Supreme Court’s unanimous decision in Kelly v. United States to overturn the fraud convictions of two members of former New Jersey Governor Chris Christie’s administration — and the implications of that decision on the future of public corruption prosecutions. 

The case surrounding the killing of Ahmaud Arbery, a 25-year-old unarmed black man who was shot to death by a white father and son while on a run in suburban Georgia. 

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

REFERENCES & SUPPLEMENTAL MATERIALS

FLYNN Friday’s special episode of CAFE Insider on the DOJ’s decision to dismiss the case against Michael FlynnThe Department of Justice’s Motion to Dismiss the case against Michael FlynnDepartment of Justice alumni statement calling for Barr’s resignation, 5/11/20Unsealed documents relating to FBI’s Flynn investigation, 4/29/2018 U.S. Code § 1001, the statute which makes it a felony to lie about a matter within the jurisdiction of the executive, legislative, or judicial branchStandard for “materiality” under 18 U.S.C. § 1001The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments Foreign Agents Registration Act (FARA), which requires lobbyists for foreign governments to make public disclosures The Attorney General’s Guidelines for Domestic FBI Operations“The Justice Department’s Faulty Arguments in the Flynn Case,” Robert Litt, Lawfare, 4/8/20“Bill Barr Twisted My Words in Dropping the Flynn Case. Here’s the Truth,” Mary McCord, New York Times, 5/10/20“The Long List of People Who Thought Flynn’s Lies Were Material,” Chuck Rosenberg, Washington Post, 5/10/20“Flynn and the Anatomy of a Political Narrative,” Andrew McCarthy, National Review, 5/9/20Trump campaign manager Brad Parscale’s statement on the DOJ’s decision to drop the case, 5/7/20

BRIDGEGATEKelly v. United States (2020), the unanimous Supreme Court decision overturning the convictions of former NJ Governor Chris Christie’s associates for their roles in BridgegateMcDonnell v. United States (2015), Supreme Court precedent which narrowed the legal definition of public corruption Skilling v. United States (2009), the Supreme Court case concerning the Enron scandal which significantly curtailed the scope of the “honest services” fraud statute 18 U.S. Code § 1343, Fraud by wire, radio, or television18 U.S. Code § 666, Theft or bribery concerning programs receiving Federal funds18 U.S. Code § 241, Conspiracy against rightsDoing Justice, Preet’s book, in which he discusses prosecuting bad behavior under imperfect statutes President Trump’s tweet congratulating Chris Christie on the Kelly decision, 5/7/20

AHMAUD ARBERY KILLING The disturbing video showing Greg and Travis McMichael fatally shooting Ahmaud Arbery [Violent content]Video showing Arbery inside a construction site shortly before his murder Waycross District Attorney Greg Barnhill’s letter of recusal, in which he recommended that charges be dropped due to “insufficient probable cause,” 4/3/20

THE WRAPThe mysterious toilet flushing during Supreme Court oral arguments livestream, 5/7/20“Investigation: I Think I Know Which Justice Flushed,” Ashley Feinberg, Slate, 5/12/20