CAFE Insider

In this bonus from Stay Tuned, Michael Waldman discusses his favorite constitutional amendment, what Supreme Court case he’d overturn, and Joe Biden’s oratory abilities.  

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REFERENCES & SUPPLEMENTAL MATERIALS

• 14th Amendment, National Constitution Center 
• Buckley v. Valeo, Oyez (1976)

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

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "Bill Barr’s ‘Injustice’ Manual" and read his note in your inbox every Friday. 

Please enjoy this recording of Preet reading his note, "Working Hard To Beat His Personal Worst" and read his note in the CAFE Insider Newsletter every Thursday.

In this bonus from Stay Tuned, Wes Moore discusses mentorship and how his past professional experiences influence his current work. Then, David Lat recounts his experience after extubation, and whether a president has total authority.

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