CAFE Insider

A weekly Note from Elie is part of the CAFE Brief, and Insider members can listen to a recording of the note the same day. Please enjoy Elie reading this week's note, "A DOJ Bailout For Michael Flynn," and read his note in your inbox every Friday. 

CAFE Insiders can enjoy this recording of Preet reading his note, “56 Days Later, A Creeping Sense of Squandered Time,” and read his note in the CAFE Insider Newsletter every Thursday.

In this bonus from Stay Tuned, Sam Harris talks about the plusses and pitfalls of interior monologues.

Thank you for being a member of the CAFE Insider community.

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

STAY TUNED WEBBY NOMINATION

• Stay Tuned Webby's nomination for Best Podcast on News & Politics 

MICHAEL FLYNN

• 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
• Unsealed documents relating to FBI’s Flynn investigation, 4/29/20
• Flynn’s motion to dismiss the case, based on the recently unsealed documents, 4/24/20
• Flynn’s motion to withdraw his guilty plea, 1/29/20
• Flynn’s apology and admission of guilt, 12/1/17
• The information of initial false statements charge to which Flynn pled guilty, 11/30/17
• Timeline of Flynn’s relationship with Russia, FactCheck.org
• “Flynn Redux: What Those FBI Documents Really Show,” Lawfare, 5/1/20
• The 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, CNN
• CLIP: Comey discusses FBI Hillary Clinton investigation with George Stephanopoulos, 4/18/18
• CLIP: Pence says Flynn made “inaccurate” statements, 2/20/17
• CLIP: Trump floats rehiring Flynn, 4/30/20
• CLIP: 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, 4/28/20
• Decision (2-1) by a three-judge D.C. Circuit panel dismissing the House Judiciary Committees’ lawsuit to enforce its subpoena of Don McGahn, 2/28/20
• House Judiciary Committee’s supplemental brief, submitted before the en banc rehearing of the case, 4/16/20
• McGahn’s supplemental brief, submitted before the en banc rehearing, 3/30/20
• Trump 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 PROTESTS

• Michigan 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

THE WRAP:

• Podcast: Two Whats and a Wow

In this bonus material from the special national security focused episode, “The New Threat Matrix,” co-hosts Lisa Monaco and Ken Wainstein discuss the latest news on FISA and the historical context that helps us make sense of the recent Inspector General reports. They also share their views on the recent firing of Intelligence Community Inspector General Michael Atkinson and what that means for U.S. national security.  

Both Lisa and Ken have served at the highest levels of government -- at the Justice Department and as presidential advisors on matters of homeland security and counterterrorism. Lisa served under President Barack Obama, and Ken under President George W. Bush. They also both served as Chief of Staff to then-FBI Director Robert Mueller.

Host bios

Lisa Monaco, O’Melveny

Ken Wainstein, Davis Polk

The Archive

• Lisa & Ken’s first podcast conversation: Stay Tuned National Security Special, 2/4/20
• Special episode of CAFE Insider, featuring Lisa Monaco: Extraordinary Times, 3/17/20
• Lisa Monaco joined Preet on Stay Tuned to help answer listener questions, 6/21/18
• Lisa Monaco shares the story of her career in her first appearance on Stay Tuned: Behind Closed Doors: Advising Obama & Mueller, 9/28/17

FISA

• Foreign Intelligence Surveillance Act documents, fas.org
• “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation,” Office of the Inspector General, U.S. Department of Justice, 12/9/2019
• “Management Advisory Memorandum for the Director of the Federal Bureau of Investigation Regarding the Execution of Woods Procedures for Applications Filed with the Foreign Intelligence Surveillance Court Relating to U.S. Persons,” Office of the Inspector General, U.S. Department of Justice, 3/30/2020

Michael Atkinson

• “Inspector General Fired by Trump Urges Whistle-Blowers ‘to Bravely Speak Up,’” The New York Times, 4/6/20
• Sen. Mark Warner, “The national security cost of Trump’s politicization of U.S. intelligence,” The Washington Post, 4/20/20

Write to us with your thoughts and questions at [email protected]