CAFE Insider

In this episode of the CAFE Insider podcast, "Scandal Survey: Donald, Brett, Andy, Felicity," co-hosts Preet Bharara and Anne Milgram discuss:

-- The reporting about a potential indictment of former Deputy FBI Director Andrew McCabe

-- Concerns raised by spending at President Trump’s hotels

-- Actress Felicity Huffman’s 14-day jail sentence for her role in the college admissions scandal

-- A New York Times article about sexual harassment allegations made against Justice Brett Kavanaugh from his time as a Yale undergraduate student

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.

REFERENCES AND SUPPLEMENTAL MATERIALS

Andrew McCabe

• Andrew McCabe’s lawyer Michael Bromwich’s letter to Jessie Liu, U.S. Attorney for the District of Columbia, 9/12/19
• 9-11.120: Power of a grand jury limited by its function, DOJ Justice Manual
• “True bill” definition, Legal Information Institute
• “Types of Juries,” United States Courts
• “On the Mystery of the McCabe Grand Jury,” Lawfare, 9/13/19
• “Andrew McCabe’s legal team asks Justice Dept. if grand jury rejected charges in his case,” Washington Post, 9/13/19 
• “Prosecutors recommend indicting Andrew McCabe over 'lack of candor' about media leaks,” Politico, 9/12/19

Spending at Trump properties

• Donald J. Trump’s tweets addressing the accusations that he’s enriching himself, 9/16/19
• Donald Trump’s tweet: PLENTY OF OIL!, 9/15/19
• Donald Trump’s tweet about meeting with Iran’s leaders, 9/15/19
• “What Is the Emoluments Clause?,” Encyclopedia Britannica
• “The Text and History of the Foreign Emoluments Clause,” Constitutional Accountability Center, 2018
• The United States Court of Appeals for the Second Circuit decision, Citizens for Responsibility and Ethics in Washington v. Trump (2019)
• “U.S. Appeals Court Reinstates Emoluments Case Against Trump,” New York Times, 9/13/19
• “Air Force says it sent crews to Trump’s Scottish resort up to 40 times,” Politico, 9/12/19
• “McCarthy defends military stopovers at Trump's Scottish resort: 'It's just like any other hotel,'” Politico, 9/10/19
• “Pence stays at Trump's Doonbeg resort hours away from official meetings,” CNN, 9/4/19
• “Trump Has Just the Place for the Next G7 Meeting: His Own Golf Resort,” New York Times, 8/26/19
• “When Trump visits his clubs, government agencies and Republicans pay to be where he is,” Washington Post, 6/20/19
• “DoJ: Christie spent big on hotels,” Politico, 11/9/10
• “$16 for a Muffin?! A Justice Department Boondoggle,” The Atlantic, 9/20/11

Felicity Huffman sentenced

• The plea agreement United States v. Felicity Huffman
• “By Turns Tearful and Stoic, Felicity Huffman Gets 14-Day Prison Sentence,” New York Times, 9/13/19

Justice Brett Kavanaugh

• “Brett Kavanaugh Fit In With the Privileged Kids. She Did Not.,” New York Times, 9/14/19
• “New York Times apologizes for ‘inappropriate and offensive’ tweet about Kavanaugh sexual misconduct allegation,” Washington Post, 9/16/19

Mike Pence

• “Pence claims a prized racehorse bit him. The farm manager who was there isn’t buying it.,” Washington Post, 9/13/19

In this bonus clip from Stay Tuned, retired FDNY Captain Brenda Berkman discusses the challenges of firefighting in New York City, the aftermath of 9/11, and her work with the Monumental Women campaign.

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

REFERENCES & SUPPLEMENTAL MATERIALS

• The Monumental Women Campaign

In this episode of the CAFE Insider podcast, "DOJ, KSM, OLC," co-hosts Preet Bharara and Anne Milgram discuss:

-- The Justice Department’s reported antitrust inquiry into four automakers’ agreement with California to adhere to stricter auto emissions standards than the levels required by federal law and sought by the Trump administration.

-- The protracted prosecution of 911 mastermind Khalid Sheikh Mohammad whose military trial is set to begin in January 2021 at the US Naval facility in Guantanamo Bay, Cuba.

-- The Office of Legal Counsel (OLC), often described as the “Supreme Court of the Executive Branch,” which has created what critics call a body of “secret law” in violation of democratic principles. 

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne. Thank you for being a part of the CAFE Insider community.

REFERENCES AND SUPPLEMENTAL MATERIALS

THE US OPEN

• “Rafael Nadal Defeats Daniil Medvedev in the Best U.S. Open Men’s Final of This Century,” New Yorker, 9/9/19
• “In U.S. Open final, Bianca Andreescu beats Serena Williams, and history, and the crowd,” Washington Post, 9/7/19

DOJ ANTI-TRUST INVESTIGATION

• Clean Air Act of 1970
• “Transcript of Sherman Anti-Trust Act (1890),” Our Documents
• “Clean Air Act Overview,” United States Environmental Protection Agency
• “US: Section 177 States,” TransportPolicy
• “Vehicle Emissions California Waivers and Authorizations,” United States Environmental Protection Agency  
• “Justice Department Launches Antitrust Probe Into Four Auto Makers,” Wall Street Journal, 9/6/19
• “Justice Dept. Investigates California Emissions Pact That Embarrassed Trump,” New York Times, 9/6/19 
• “White House Prepares to Revoke California’s Right to Set Tougher Pollution Rules,” New York Times, 9/5/19
• “A Cruel Parody of Antitrust Enforcement,” New York Times, 9/6/19
• Former US Attorney and Professor Barbara McQuade’s tweet, 9/6/19
• “U.S. Loses Appeal Seeking to Block AT&T-Time Warner Merger,” New York Times, 2/26/19

9/11 & THE TRIAL OF KHALID SHEIK MOHAMMED (KSM)

• Preet’s tweet about the trial, 8/30/19
• Military Commissions Act of 2006
• Military Commissions Act of 2009
• “President Issues Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” The White House Archive
• “How Military Commissions Work,” Office of Military Commissions
• “U.S. Court of Military Commission Review (USCMCR) History,” Office of Military Commissions
• Hamdan v. Rumsfeld (2006), Oyez
• Boumediene v. Bush (2008), Oyez 
• “Courts: A Brief Overview,” Federal Judicial Center
• “A Guide to Appellate and Collateral Review Under the Military Commissions Acts,” Lawfare, 4/4/13
• “Military Judge Sets January 2021 Trial Date for Accused 9/11 Conspirators,” Wall Street Journal, 8/30/19
• “Lawyers Press Case That 9/11 Confessions Given to F.B.I. Are Tainted,” New York Times, 7/29/19
• “The Trial,” New Yorker, 2/3/10

OFFICE OF LEGAL COUNSEL (OLC)

• Francis v. DOJ (August 2019), KnightColumbia.org
• “Opinions,” The United States Department of Justice Office of Legal Counsel
• “The Office of Legal Counsel and Secret Law,” Just Security, 7/18/17
• Justice Manual, The United States Department of Justice
• “Other People’s Money – Chapter V: What Publicity Can Do,” Louis D. Brandeis School of Law Library
• “Justice Department opinions take on the force of law — but are not, in fact, the law,” Washington Post, 5/31/19
• “I worked in the Justice Department. I hope its lawyers won’t give Trump an alibi,” Washington Post, 1/10/19
• “A Guide to the Memos on Torture,” New York Times Archive
• “Torture Memos Released,” CBS News, 4/16/09
• “The Nation; The Struggle Over the Torture Memos,” New York Times, 8/15/04

INVESTIGATION INTO TRUMP PROPERTIES

• “Air Force leaders order probe of Trump resort stays,” Politico, 9/8/19
• Preet’s tweet advising the House to “Scorch the earth,” 9/6/19

MARK SANFORD CHALLENGE

• “Mark Sanford announces Trump primary challenge: GOP 'has lost our way,'” Fox News, 9/8/19
• “Former S.C. congressman Mark Sanford announces Republican primary challenge against Trump,” Washington Post, 9/8/19
• Trump tweet about Sanford and “The Three Stooges," 9/9/19
• Trump tweet about Sanford’s reason for being in Argentina, 8/27/19
• "Dumb and Dumber" (1994), IMDb

In this bonus clip from Stay Tuned, George Packer discusses deckle edge paper, the taboo of former officials criticizing a sitting President, and the role of political ideology today.

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

REFERENCES & SUPPLEMENTAL MATERIALS

• George Will interview on Stay Tuned
• "Trump attacks Obama for statement on shootings," Politico, 8/6/19