In this special episode of the CAFE Insider podcast, "Water Under the Bridgegate," Preet and Anne break down the politically-charged legal news making the headlines, including:
- The fallout from Attorney General Bill Barr’s decision to dismiss the DOJ’s case against Michael Flynn — and whether Flynn’s supporters have reason to be upset with the FBI’s handling of his investigation.
- The Supreme Court’s unanimous decision in Kelly v. United States to overturn the fraud convictions of two members of former New Jersey Governor Chris Christie’s administration — and the implications of that decision on the future of public corruption prosecutions.
- The case surrounding the killing of Ahmaud Arbery, a 25-year-old unarmed black man who was shot to death by a white father and son while on a run in suburban Georgia.
We hope you’re enjoying CAFE Insider. Email us at letters@cafe.com with your suggestions and questions for Preet and Anne. References and Supplemental materials below.
REFERENCES & SUPPLEMENTAL MATERIALS
FLYNN
- Friday’s special episode of CAFE Insider on the DOJ’s decision to dismiss the case against Michael Flynn
- The Department of Justice’s Motion to Dismiss the case against Michael Flynn
- Department of Justice alumni statement calling for Barr’s resignation, 5/11/20
- Unsealed documents relating to FBI’s Flynn investigation, 4/29/20
- 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
- Standard for “materiality” under 18 U.S.C. § 1001
- The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments
- Foreign Agents Registration Act (FARA), which requires lobbyists for foreign governments to make public disclosures
- The Attorney General’s Guidelines for Domestic FBI Operations
- “The Justice Department’s Faulty Arguments in the Flynn Case,” Robert Litt, Lawfare, 4/8/20
- “Bill Barr Twisted My Words in Dropping the Flynn Case. Here’s the Truth,” Mary McCord, New York Times, 5/10/20
- “The Long List of People Who Thought Flynn’s Lies Were Material,” Chuck Rosenberg, Washington Post, 5/10/20
- “Flynn and the Anatomy of a Political Narrative,” Andrew McCarthy, National Review, 5/9/20
- Trump campaign manager Brad Parscale’s statement on the DOJ’s decision to drop the case, 5/7/20
BRIDGEGATE
- Kelly v. United States(2020), the unanimous Supreme Court decision overturning the convictions of former NJ Governor Chris Christie’s associates for their roles in Bridgegate
- McDonnell v. United States (2015), Supreme Court precedent which narrowed the legal definition of public corruption
- Skilling v. United States (2009), the Supreme Court case concerning the Enron scandal which significantly curtailed the scope of the “honest services” fraud statute
- 18 U.S. Code § 1343, Fraud by wire, radio, or television
- 18 U.S. Code § 666, Theft or bribery concerning programs receiving Federal funds
- 18 U.S. Code § 241, Conspiracy against rights
- Doing Justice, Preet’s book, in which he discusses prosecuting bad behavior under imperfect statutes
- President Trump’s tweet congratulating Chris Christie on the Kelly decision, 5/7/20
AHMAUD ARBERY KILLING
- The disturbing video showing Greg and Travis McMichael fatally shooting Ahmaud Arbery [Violent content]
- Video showing Arbery inside a construction site shortly before his murder
- Waycross District Attorney Greg Barnhill’s letter of recusal, in which he recommended that charges be dropped due to “insufficient probable cause,” 4/3/20
THE WRAP
- The mysterious toilet flushing during Supreme Court oral arguments livestream, 5/7/20
- “Investigation: I Think I Know Which Justice Flushed,” Ashley Feinberg, Slate, 5/12/20
