
The Counsel
Join a team of experts — from former prosecutors to legal scholars — as they break down the complex legal issues shaping our country today. Twice a week, Elie Honig and other CAFE Contributors examine the intersecting worlds of law, politics, and current events. Twice a week, a CAFE contributor – Joyce Vance, Barbara McQuade, Asha Rangappa, Rachel Barkow, and Elie Honig – will examine the intersecting worlds of law, politics, and current events. New episodes out Wednesdays and Fridays. From CAFE and the Vox Media Podcast Network.
Latest episodes

Sep 18, 2024 • 7min
Note from Barb 9/18: A Swift Way to Change the Conversation
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

Sep 13, 2024 • 11min
Note from Elie 9/13: Jack Smith’s Poison Pill
Elie Honig breaks down a recent presidential debate, highlighting the influence of celebrity endorsements like Taylor Swift on voter engagement. He delves into the complex legal landscape surrounding Jack Smith’s prosecution linked to January 6th, exploring presidential immunity and the challenges it presents. The future of this case hangs in the balance, with potential Supreme Court rulings looming over its outcomes. Tensions rise as Elie critiques past prosecutorial moves while assessing the political climate impacting accountability.

Sep 11, 2024 • 8min
Note from Rachel 9/11: Prudence over Politics
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

Sep 6, 2024 • 8min
Note from Elie 9/6: Kamala Harris’s Secret Weapon
The emotional journey of sending a child off to college resonates deeply with many parents. The discussion reveals Kamala Harris's pragmatic approach to politics, countering Hollywood's dramatic portrayal of prosecutors. Anticipation builds for her upcoming debate, where her calm demeanor and prosecutorial skills are expected to shine. This episode captures the intersection of personal life and political strategy, showcasing how personal experiences shape public figures.

Sep 4, 2024 • 8min
Note from Asha 9/04: Not Everything is About Free Speech
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

Aug 30, 2024 • 11min
Note from Elie 8/30: The Final Days of Merrick Garland
Elie Honig shares insights from his meeting with Merrick Garland, highlighting his professional evolution and respect for his leadership at the Justice Department. The discussion dives into the implications of Kamala Harris's leadership on Garland's tenure and the challenges he faced. Furthermore, the complexities surrounding legal proceedings tied to the 2020 election subversion reflect the intricate balance of public perception and the Attorney General's role in navigating high-stakes cases.

Aug 23, 2024 • 11min
Note from Elie 8/23: How Donald Trump May Dodge Sentencing Before the Election, or Ever
Elie Honig, a former Assistant U.S. Attorney and CNN legal analyst, shares his insights on the legal labyrinth surrounding Donald Trump's recent conviction. He examines how presidential immunity could play a role in delaying Trump's sentencing, potentially allowing him to navigate his legal troubles before the election. Honig also reflects on the recent Democratic National Convention, highlighting impactful speeches and the importance of civility in political discourse. His expertise shines as he breaks down complex legal scenarios with clarity and depth.

Aug 21, 2024 • 7min
Note From Barb 8/21: The Couch Gag
Barb McQuade, former U.S. Attorney and current law professor, dives into the intersection of humor and politics. She discusses the cultural significance of 'couch gags' and their role in shaping narratives amidst misinformation. Barb warns about the risks of trivializing serious issues in today’s divided climate. Additionally, she emphasizes the importance of due process for political figures under investigation, advocating for a more mature approach to political discourse that strengthens democracy.

Aug 16, 2024 • 10min
Note from Elie 8/16: Jack Smith Can Still Hurt Donald Trump
Dive into nostalgic tales from the lively 1996 Democratic National Convention, featuring fun moments with MTV and the 'Macarena.' Shift gears as legal expert Elie Honig discusses a pivotal Supreme Court ruling that could alter the course of Donald Trump's election case. He sheds light on the hurdles faced by Special Counsel Jack Smith, including evidence limitations and key testimonies that could change everything. It's a blend of humor and serious legal insight that keeps you engaged!

Aug 14, 2024 • 8min
Note from Rachel 8/14: Criminal Justice Reform Goes Mainstream
Rachel Barkow, a professor at NYU and former member of the United States Sentencing Commission, dives into the evolving landscape of criminal justice reform. She highlights the groundbreaking reforms in Minnesota championed by Governor Tim Walz, noting their bipartisan support. Barkow discusses innovative strategies aimed at reducing recidivism and enhancing public safety through a data-driven approach. Her insights shed light on how these reforms could set the tone for future legislation across the nation.