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The Counsel

Latest episodes

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Mar 14, 2025 • 10min

Note from Elie 3/14: Eric Adams: NYC’s Mayor, DOJ’s Yo-Yo

Elie Honig is a former Assistant U.S. Attorney and co-chief of the organized crime unit at the Southern District of New York, where he prosecuted more than 100 mobsters, including members of La Cosa Nostra, and the Gambino and Genovese crime families. He went on to serve as Director of the Department of Law and Public Safety at New Jersey Division of Criminal Justice. He is currently Special Counsel at Lowenstein Sandler and a CNN legal analyst. For a transcript of Elie’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Mar 12, 2025 • 12min

Note from Mimi 3/12: Protecting Prosecutorial Independence

Mimi Rocah is the former District Attorney for Westchester County, New York, and a former federal prosecutor for the Southern District of New York. Throughout her career, she has focused on prosecuting organized crime, corruption, and human trafficking, earning a reputation for her sharp legal expertise and commitment to justice.For a transcript of Mimi’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Mar 7, 2025 • 11min

Note from Elie 3/7: Blocked, Un-Blocked, Re-Blocked: How to Understand the Dizzying DOGE Court Rulings

The podcast dives deep into the wild world of Doge legal disputes, exploring the rapid-fire changes in court rulings. It dissects the critical role of legal technicalities and the complexities claimants encounter in their pursuit of justice. Additionally, there’s a fascinating discussion on executive power and the challenges surrounding legal actions tied to the Trump administration. The episode highlights the struggles plaintiffs face when trying to prove irreparable harm, showcasing the unpredictable nature of the legal landscape.
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Mar 5, 2025 • 7min

Note From Barb 3/5: Trump's Retribution Tour Hits the 6th Amendment

Barb McQuade is the former U.S. Attorney for the Eastern District of Michigan, a law professor at the University of Michigan, and a legal analyst for NBC News and MSNBC. For a transcript of Barb’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Feb 27, 2025 • 11min

Note from Elie 2/27: The Nation’s Most Dangerous Prosecutor

Dive into the latest twists surrounding the Eric Adams case, with an update expected soon. Explore the controversial actions of a U.S. prosecutor from the Trump era, who faced scrutiny for political motivations and intimidation tactics. Unpack aggressive prosecutorial strategies in Trump's legal battles, evaluating their potential impact on public opinion and future ramifications. This discussion offers a gripping look at the intersection of law and politics.
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Feb 26, 2025 • 11min

Note from Rachel 2/26: Authoritarian Agencies

Trump and Musk are on a self-declared mission to destroy the bureaucracy and the “deep state" — and they're taking aim at the government's independent agencies. CAFE Contributor and administrative law expert Rachel Barkow breaks down why an almost 100-year-old Supreme Court precedent is at risk of being overturned and the danger for the rule of law.Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney’s Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg’s transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time. For a transcript of Rachel’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Feb 19, 2025 • 7min

Note from Asha 2/19: Fearless Speech: What Are You Willing to Risk to Speak Out?

Asha Rangappa is a Senior Lecturer at Yale University's Jackson Institute for Global Affairs. Before that, she served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. She is also a legal and national security analyst at CNN and an editor of Just Security. For a transcript of Asha’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Feb 18, 2025 • 11min

Note from Elie 2/18: The Justice Department’s Existential Crisis Is Self-Inflicted

The podcast dives into the investigation surrounding Eric Adams and its implications for the Justice Department's credibility. It highlights a crisis fueled by political meddling, causing significant resignations and jeopardizing institutional integrity. A timely reminder emerges regarding the risks of politicizing prosecution. The discussion takes a lighter turn with fun ideas for engaging listeners at South by Southwest, blending serious legal insights with a dash of humor.
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Feb 12, 2025 • 9min

Note from Mimi 2/12: A Message to DOJ Rank and File

Former DA and federal prosecutor Mimi Rocah expresses concern over Attorney General Pam Bondi’s policies and urges junior federal prosecutors to stand firm in their principles with the change in administration.For a transcript of Mimi’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Feb 12, 2025 • 8min

Note from Elie 2/11: DOJ Abandons Adams Prosecution — and Independence

Explore the surprising dismissal of federal charges against New York City Mayor Eric Adams. Delve into the swirling allegations of conspiracy and bribery tied to foreign officials. Uncover the political motives behind the Justice Department's controversial decision, raising questions about accountability. Finally, examine how political influence shapes the integrity of our legal system, prompting a critical dialogue about justice and power dynamics.

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