The Counsel

Two years ago, Donald Trump unveiled five free speech initiatives he aims to implement in his next presidency. Are they a bold defense of the First Amendment, or do they pose risks to the very freedoms they aim to protect? In the full episode, First Amendment lawyer and former president of Columbia University, Lee Bollinger, joins Elie Honig to examine the legal and constitutional implications of these proposals and what they mean for the future of free expression in America. In a free excerpt from the show, they discuss free speech on college campuses.CAFE Insiders click HERE to listen to the full analysis. For a limited time, get 40% off your membership for the first year, by heading to cafe.com/November. You’ll get access to two full episodes of the podcast each week and other exclusive content.This podcast is brought to you by CAFE and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Elie Honig dives into the shifting dynamics of the attorney general nomination process, spotlighting new candidates and past controversies. He unpacks the intricate legal challenges of Donald Trump's hush money case, examining the strategic moves from prosecutors. The conversation takes a political turn, suggesting that the indictment might actually bolster Trump's appeal rather than hinder it, raising questions about the effectiveness of legal actions in the political arena.

Joyce Vance, co-host of the CAFE Insider podcast, is a former U.S. Attorney for the Northern District of Alabama, a University of Alabama Law School professor, and an MSNBC legal analyst. For a transcript of Joyce’s note head to CAFE.com. To access the full archive of Contributor Notes and other exclusive content, become a CAFE Insider today at CAFE.com/insider. Learn more about your ad choices. Visit podcastchoices.com/adchoices

What’s going to happen to Jack Smith’s criminal cases against president-elect Donald Trump? In this excerpt of CAFE Insider, Elie Honig and Trevor Morrison explain why they agree with the Office of Legal Counsel’s 1973 and 2000 memos on presidential immunity. Trevor Morrison is a law professor and Dean Emeritus at New York University School of Law.In the full episode, Elie and Trevor look at the political context behind the policy and how it will affect Trump’s pending federal, state-level, and civil cases.This is the latest installment in a series of special episodes exclusively for members of CAFE Insider. Each week, Elie Honig and special guests will tackle one major legal or policy issue, helping you stay informed.For a limited time, get 40% off your membership for the first year, by heading to cafe.com/November. You’ll get access to two full episodes of the podcast each week and other exclusive content.This podcast is brought to you by CAFE and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

The discussion delves into the unsettling nomination of Matt Gaetz as attorney general, focusing on his questionable qualifications and prosecutorial inexperience. Concerns are raised about the potential abuse of power in the justice system, particularly regarding enhanced political motivations under his leadership. The implications of such a nomination suggest a troubling shift that may jeopardize judicial integrity and ethical standards in prosecution.

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

A former federal prosecutor dissects the evolving political landscape following recent elections. He navigates Donald Trump's complex legal challenges as he eyes a presidential return. Discussions reveal how pending criminal cases intertwine with constitutional protections, complicating state prosecutions. The analysis sheds light on the balance between legal proceedings and political ambitions, painting a vivid picture of Trump’s potential path amid ongoing controversies. It's a fascinating look at law, politics, and the unpredictable nature of American democracy.

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

In a thoughtful discussion, the complexities of the upcoming election are examined, emphasizing the importance of resolving issues through the ballot box rather than legal battles. The podcast cautions against illegal actions, drawing lessons from the January 6 events. Listeners are urged to navigate electoral disputes patiently, stressing the need for lawful behavior and civic engagement. Misinformation and chaos surrounding elections are also tackled, highlighting the necessity of respect for the electoral process and the rule of law.

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