CAFE Insider

In this episode of CAFE Insider, “COVID Aftershocks,” Preet and Anne break down all the latest politically-charged legal issues and developments, including:

— The formation of a White House “Council to Re-Open America,” and President Trump’s false assertion that “when somebody is the President, authority is total.”

— Concerns about the upcoming November election and the legal and political dynamics surrounding the push to vote-by-mail. 

— The surprising constitutional questions around presidential succession in the U.S., as leaders around the world are falling ill with the coronavirus. 

— Attorney General Bill Barr’s recent interview in which he said the media was “on a jihad” to discredit President Trump, and the DOJ’s intention to take action to protect religious freedom. 

— The news that Apple and Google are teaming up to create “contact tracing” tools to help track and prevent the spread of the virus, and the privacy issues that arise from this kind of surveillance. 

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

REFERENCES & SUPPLEMENTAL MATERIALS

WHITE HOUSE COVID-19 RESPONSE: 

• 10th Amendment of the U.S Constitution
• Clip: Trump says presidential authority is “total,” CNN, 4/13/20
• Clip: Larry Kudlow says investors should “think about buying during these dips,” CNBC, 3/6/20
• “Wilbur Ross’s prediction about the coronavirus bringing back jobs was wrong,” Vox, 4/2/20
• “Trump’s grand reopening council triggers slew of new questions,” Politico, 4/13/20

VOTE-BY-MAIL

• Trump tweet criticizing vote-by-mail, 4/8/20
• Brennan Center vote-by-mail explainer, 4/8/20 
• “Voting by mail and the race between Biden and Trump,” The Atlantic, 4/11/20

PRESIDENTIAL SUCCESSION 

• 25th Amendment of the U.S. Constitution 
• Presidential Succession Act of 1947, 3 U.S. Code § 19
• Presidential Succession Act of 1792
• Presidential Succession Act of 1886
• Congressional Research Service report on presidential succession, 6/29/05
• Continuity of Government Commission succession report, 6/1/09
• Jack Goldsmith, “A Presidential Succession Nightmare,”  Lawfare, 3/25/20

BARR & RELIGIOUS FREEDOM

• Free Exercise Clause of the 1st Amendment 
• AG Barr’s Fox News interview with Laura Ingraham, 4/8/20
• DOJ spokesperson tweeting “expect action” on religious freedom, 4/11/20
• Employment Division of Oregon v. Smith (1990), decision establishing rational basis test for religious freedom cases 
• “William Barr’s Wild Misreading of the First Amendment,” Jeffrey Toobin, The New Yorker, 10/17/19
• “States Consider Whether Religious Services Qualify as ‘Essential,’” NPR, 4/1/20

CONTACT TRACING

• Apple’s official announcement of Google partnership on contact tracing, 4/10/20
• Andy Slavitt tweet thanking Google and Apple, 4/10/20
• “The biggest questions about Apple and Google’s new coronavirus tracker,” The Verge, 4/11/20

Please enjoy this recording of Preet reading his note, "The Pandemic — A Story of Injustice and Inequity" and read his note in the CAFE Insider Newsletter every Thursday.

A weekly Note from Elie is part of the CAFE Brief. Please enjoy this recording of Elie reading his note, "A New Low in the Distracted-Nation News Dump" and read his note in your inbox every Friday. 

In this bonus from Stay Tuned, Peter Baker discusses “Trump-free zones” at home, what he’s reading, Trump’s insistence on referring to the 1918 flu as the “1917” flu, and the next book he’s working on with his wife, Susan Glasser.

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

REFERENCES & SUPPLEMENTAL MATERIALS

• Curb Your Enthusiasm, HBO 
• Silicon Valley, HBO
• The Durrells in Corfu, Amazon Prime Video 
• Ron Chernow, Washington: A Life, Penguin Random House (2011)
• Tweet of Trump talking about the 1917 (actually 1918) flu pandemic
• Peter Baker & Susan Glasser, The Man Who Ran Washington: The Life and Times of James A. Baker III, Penguin Random House (2020)

In this special episode of CAFE Insider, “The Oversight Wars,” Preet and Anne are joined by Neil Barofsky, who served as the Special Inspector General for TARP, the chief watchdog in charge of policing the 2008 Wall Street bailout. Drawing on Neil’s experience overseeing the last massive government stimulus package, Preet and Anne break down all the latest issues and developments, including:

— The challenges inherent in the oversight system outlined in the stimulus law, and the incredible amount of power in the hands of Treasury Secretary Steve Mnuchin.

— Trump’s decision to appoint Brian Miller, one of his own White House lawyers, to the position of Inspector General for Pandemic Relief, and the importance of having independent-minded, qualified lawyers in oversight roles. 

— The news that Trump has fired Michael Atkinson, the Inspector General for the Intelligence Community, ostensibly as payback for his role in bringing to light the whistleblower complaint that ultimately led to the President’s impeachment. 

Preet and Anne also break down the latest politically-charged legal news, including:

— The disturbing new report from the DOJ Inspector General Michael Horowitz exposing widespread problems with the FISA warrant application process.

— The legal battle over voting in Wisconsin, the Supreme Court’s last-minute decision mandating that they move forward with the election, and the implications for the upcoming November election. 

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

REFERENCES & SUPPLEMENTAL MATERIALS

NEIL BAROFKSY BIO: 

• Neil Barofsky Jenner & Block profile
• “Bad Banks, Big Bailouts and Bruises,” New York Times, 7/24/12
• “Neil Barofsky’s Journey into a Bailout Buzzsaw,” New York Times, 7/21/12

COVID-19 UPDATE

• “Americans warned of ‘Pearl Harbor moment’ as Trump tells parts of nation to brace for “peak,” Washington Post, 4/5/20
• “Trump administration orders 167m face masks from 3M for Coronavirus Pandemic,” Wall Street Journal, 4/6/20
• “Fauci says we may never get ‘back to normal’ after pandemic,” CNBC, 4/6/20

STIMULUS OVERSIGHT 

• CARES Act, Congress.gov
• CLIP: Trump says “I’ll be the oversight,” C-SPAN, 3/23/20
• “How Congress will keep an eye on $2 trillion in stimulus money,” Politico, 4/1/20
• “Trump says he won’t comply with key transparency measures in stimulus bill,” Vox, 3/28/20
• “Trump nominates White House lawyer to oversee coronavirus business loans,” Wall Street Journal, 4/4/20
• “Warren appointed to Congressional Panel Overseeing Treasury’s Economic Bailout Plan,” Harvard, 11/21/08

ATKINSON FIRING 

• Trump letter to House and Senate Intel chairs announcing firing of Atkinson, 4/3/20
• “Congress flummoxed by firing of top Intel Watchdog,” Politico, 4/6/20
• Susan Collins’ statement calling Atkinson’s removal “not warranted,” 4/3/20
• “Michael Atkinson, fired by Trump, encourages whistleblowers to ‘bravely speak up,’” New York Times, 4/6/20
• “The Obama White House fires a Watchdog,” Wall Street Journal, 6/17/09

GLENN FINE REMOVAL 

• “Trump removes inspector general who was to oversee $2 trillion stimulus spending,” Washington Post, 4/7/20
• “Trump removes independent watchdog, upending oversight panel,” Politico, 4/7/20
• VIDEO: “I Love Lucy” Candy factory episode

FISA

• DOJ IG Michael Horowitz’ report on FISA abuses, 3/30/20
• “The Inspector General’s Disturbing FISA memo,” Lawfare, 3/31/20

WISCONSIN ELECTION

• The Republican National Committee v. The Democratic National Committee (2020), the Supreme Court’s 4/6/20 decision on absentee voting in Wisconsin amid coronavirus pandemic
• “Wisconsin Set to Vote on Tuesday after Court Overrules Governor’s Postponement,” New York Times, 4/6/20

SUPPLY CHAIN

• “What Everyone is Getting Wrong about the Toilet Paper Shortage,” Will Oremus Medium article, 4/2/20