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 Flynn
• The Department of Justice’s Motion to Dismiss the case against Michael Flynn
• Department of Justice alumni statement calling for Barr’s resignation, 5/11/20
• Unsealed documents relating to FBI’s Flynn investigation, 4/29/20
• 18 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 branch
• Standard for “materiality” under 18 U.S.C. § 1001
• The 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, 5/9/20
• Trump campaign manager Brad Parscale’s statement on the DOJ’s decision to drop the case, 5/7/20

BRIDGEGATE

• Kelly v. United States (2020), the unanimous Supreme Court decision overturning the convictions of former NJ Governor Chris Christie’s associates for their roles in Bridgegate
• McDonnell 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 television
• 18 U.S. Code § 666, Theft or bribery concerning programs receiving Federal funds
• 18 U.S. Code § 241, Conspiracy against rights
• Doing 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 WRAP

• The 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