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The Counsel

Latest episodes

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Feb 7, 2025 • 8min

Note from Elie 2/7: The “Make Me” Presidency

Elie Honig dives into Donald Trump's unique legal strategies, showcasing his audacity in the face of litigation. He discusses the controversial media tactics that shape public perception, even amid legal turmoil. The podcast also reveals the impact of federal funding battles and challenges to birthright citizenship, exposing the fragile legal frameworks behind them. Additionally, it highlights the dramatic firings of DOJ prosecutors under Trump, raising important constitutional questions about accountability and governance.
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Feb 5, 2025 • 8min

Note from Barb: Trump’s Demonization of Public Servants

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Jan 31, 2025 • 9min

Note from Elie 1/31: Donald Trump’s Assault on DOJ

The podcast dives into a humorous take on rising wireless service prices and the legal issues surrounding a Trump administration funding freeze. It reflects on a personal NFC Championship experience before analyzing Trump's contentious relationship with the Justice Department. Concerns are raised about the lack of serious investigations into the current administration and fears of politicization within the DOJ. Lastly, it tackles the implications of a Supreme Court ruling affecting January 6 rioter charges, highlighting the tension between political influence and justice.
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Jan 29, 2025 • 13min

Note from Rachel 1/29: Pardons Without Process

CAFE Contributor Rachel Barkow reflects on the pardons issued by President Trump and former President Biden, highlighting the flaws in the pardon process and necessary reforms.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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Jan 24, 2025 • 9min

Note from Elie 1/24: The Power of Pardons (To Distract)

Explore the chaos of Donald Trump’s second term and its legal challenges. Delve into the significance of clemency actions affecting over 1,000 convictions and the historical role of executive orders in shaping policy. Unpack the legal battles tied to new executive orders and their broader implications for governance and American policies. This insightful discussion offers a blend of humor and legal expertise, bringing clarity to complex issues at the intersection of law and politics.
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Jan 22, 2025 • 9min

Note from Asha 1/22: Meta's Pay to Play Gambit

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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Jan 14, 2025 • 9min

Note from Elie 1/14: Jack Smith, Paper Tiger

This discussion dives into the implications of Jack Smith's work as special counsel amidst political tensions. Listeners are invited to consider public perceptions of high-profile legal figures. The complexities of Smith's final report are likened to a sports player facing tough competition. Legal strategies against Trump are scrutinized, revealing both challenges and public reactions. Ultimately, the nuances of prosecutorial tactics and their impacts on the judicial landscape take center stage.
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Jan 10, 2025 • 10min

Note from Elie 1/10: The Trump Hush Money Sentencing: A Felon, Unpunished

A former president's historic hush money sentencing takes center stage, revealing the intricacies of his extensive legal battles. The discussion dives into the implications of the judge's unconditional discharge ruling, examining how it impacts Trump's image and the political landscape. Furthermore, the potential for appeals is analyzed, along with concerns regarding the prosecutor's strategy. Overall, it highlights a pivotal moment in American justice and sets the stage for future legal ramifications.
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Jan 8, 2025 • 7min

Note from Barb 1/8: Only One President is a Felon

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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Jan 7, 2025 • 10min

Note from Elie 1/7: TikTok's Last Stand

Delve into the world of TikTok as it intertwines with middle school culture, complete with amusing tales from parents and teachers. Discover the looming legal battle between free speech and national security, as a new law challenges TikTok's future in the U.S. The discussion highlights the legal implications of this conflict and how the Supreme Court's decision could reshape the digital landscape. With bipartisan support for the legislation, the stakes couldn't be higher for both users and policymakers.

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