In this episode of CAFE Insider, “The Return of Flynn & McGahn," Preet and Anne break down the the politically-charged legal issues making the headlines, including:Whether the recently unsealed documents in the ongoing case involving former National Security Adviser Michael Flynn show that he was entrapped and otherwise mistreated by the FBI, as argued by his supporters.
Whether the fight between the executive and legislative branches over compelling testimony from former White House Counsel Don McGahn can be constitutionally resolved by the judiciary branch.
Whether it is lawful for protestestors objecting to the lockdown restrictions in Michigan to descend on the State Capitol with loaded rifles and bullet-proof vests.
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
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MICHAEL FLYNN18 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 branchUnsealed documents relating to FBI’s Flynn investigation, 4/29/20Flynn’s motion to dismiss the case, based on the recently unsealed documents, 4/24/20Flynn’s motion to withdraw his guilty plea, 1/29/20Flynn’s apology and admission of guilt, 12/1/17The information of initial false statements charge to which Flynn pled guilty, 11/30/17Timeline of Flynn’s relationship with Russia, FactCheck.org“Flynn Redux: What Those FBI Documents Really Show,” Lawfare, 5/1/20The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments Foreign Agents Registration Act (FARA), which requires that lobbyists for foreign governments make public disclosures CLIP: Flynn leads “Lock her up!” chant at 2016 RNC, CNNCLIP: Comey discusses FBI Hillary Clinton investigation with George Stephanopoulos, 4/18/18CLIP: Pence says Flynn made “inaccurate” statements, 2/20/17CLIP: Trump floats rehiring Flynn, 4/30/20CLIP: WH Press Sec. Kayleigh McEnany defends Flynn, 5/1/20
DON MCGAHN ORAL ARGUMENTS: Judiciary Committee v. Don McGahn, D.C. Circuit Court of Appeals, En Banc, 4/28/20Decision (2-1) by a three-judge D.C. Circuit panel dismissing the House Judiciary Committees’ lawsuit to enforce its subpoena of Don McGahn, 2/28/20House Judiciary Committee’s supplemental brief, submitted before the en banc rehearing of the case, 4/16/20McGahn’s supplemental brief, submitted before the en banc rehearing, 3/30/20Trump v. Mazars, the case now before the Supreme Court concerning the House’s subpoena of Mazars USA, President Trump’s accounting firm“The Supreme Court Confronts Trump’s Challenge to the Separation of Powers,” New Yorker, 5/2/20
MICHIGAN PROTESTSMichigan State Police training manual on open carry rules MCL 750.234d of Michigan State Penal Code, which outlines premises where open carry is unlawful“Gov. Whitmer: Protestors ‘carried nooses and Confederate flags and swastikas,” NBC News, 5/5/20 “Because of Michigan’s gun laws, protestors were allowed to carry their assault rifles in state capitol — but not their protest signs,” Business Insider, 5/1/20
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