Stay Tuned with Preet

Latest Episodes:

Consciousness & COVID Ethics (with Sam Harris) May 07, 2020

Show notes

On this week’s episode of Stay Tuned, “Consciousness & COVID Ethics,” Preet answers listener questions about Republican-appointed judges, Dr. Fauci’s blocked testimony, and John Bolton’s inapropos tell-all book. Then, Preet is joined by Sam Harris, neuroscientist, author, and host of the Making Sense podcast, to explore the nature of consciousness and the awakened mind. To listen to Stay Tuned bonus content, become a member of CAFE Insider. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news and updates from Preet. And if you haven’t already, listen to a sample from this week’s episode of the CAFE Insider podcast for free at CAFE.com or in the Stay Tuned feed. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail. REFERENCES & SUPPLEMENTAL MATERIALS Vote for Stay Tuned with Preet to win a Webby for the best News & Politics podcast series THE Q&A: “Rules of Procedure United States Senate Committee on the Judiciary,” Senate Judiciary Committee Oral Arguments in Judiciary Committee v. Don McGahn, D.C. Circuit Court of Appeals, En Banc, 4/28/2020 Paul Kane and Seung Min Kim, “Trump’s judicial nominee clashes with Democrats over his comments critical of health care law,” Washington Post, 5/6/2020 Quint Forgey, “Trump Says Fauci Will Testify Before Senate, Blasts ‘House’ Set-Up,” Politico, 5/5/2020 Preet’s Retweet of Michael Isikoff’s Bolton Book Update, Twitter, 5/4/2020 THE INTERVIEW: Sam Harris, the Making Sense Podcast Sam Harris, the Waking Up App Sam Harris, Waking Up: Spirituality Without Religion, Simon & Schuster, 2014 Andrew Anthony, “Sam Harris: The New Atheist With a Spiritual Side,” The Guardian, 2/16/2019 MEDITATION: Sam Harris, “Mindfulness Meditation,” YouTube, 2015 Caren Osten Gerszberg, “My Week of ‘Noble Silence’,” New York Times, 12/6/2019 “Sam Harris Explains Why There’s No Free Will,” Inside the Hive with Emily Jane Fox and Joe Hagan, Vanity Fair, 10/25/2019 COVID-19 Sam Harris and Paul Bloom, Making Sense Episode #198, 3/16/2020 Chris Conover, “How Economists Calculate The Costs And Benefits Of COVID-19 Lockdowns,” Forbes, 3/27/2020 Gov. Andrew Cuomo, Tweet on Price of Human Life, Twitter, 3/24/2020 Jennifer Merceciera, “When Trump says he was being ‘sarcastic,’ it’s just part of his gaslighting,” Washington Post, 4/25/2020 GENETICS: Charles Murray and Sam Harris, “Forbidden Knowledge,” Making Sense, 4/22/2017 Ezra Klein and Sam Harris, “The Sam Harris-Ezra Klein Debate,” Vox, 4/19/2018 Sam Harris, “Ezra Klein: Editor-at-Large,” SamHarris.org, 3/27/2018 THE BUTTON: Heather Roney, Twitter, 4/4/2020 McKinley Corbley, “3D-Printing Teen Makes Hundreds of Ingenious Devices to Alleviate Ear Pain for Healthcare Workers,” Good News Network, 4/23/2020 Betty Nguyen, “Brooklyn teen making 3D-printed face shields for NYC hospitals amid COVID-19 crisis,” PIX11, 4/23/2020 Tameem Akhgar, “Ventilator from old car parts? Afghan girls pursue prototype,” AP News, 4/19/2020 Brent Crane, “The High Schooler Who Became a COVID-19 Watchdog,” The New Yorker, 3/20/2020 See omnystudio.com/listener for privacy information.

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CAFE Insider 5/5: The Return of Flynn & McGahn May 06, 2020

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In this clip from the latest episode of the CAFE Insider podcast, "The Return of Flynn & McGahn," co-hosts Preet Bharara and Anne Milgram assess whether the recently unsealed documents in the ongoing case involving former National Security Adviser Michael Flynn show that he was entrapped and otherwise mistreated by the FBI, as his supporters have argued. Listen to the full episode with a free two-week trial of the CAFE Insider membership. STAY TUNED WEBBY NOMINATION Stay Tuned Webby's nomination for Best Podcast on News & Politics MICHAEL FLYNN 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 Unsealed documents relating to FBI’s Flynn investigation, 4/29/20 Flynn’s motion to dismiss the case, based on the recently unsealed documents, 4/24/20 Flynn’s motion to withdraw his guilty plea, 1/29/20 Flynn’s apology and admission of guilt, 12/1/17 The information of initial false statements charge to which Flynn pled guilty, 11/30/17 Timeline of Flynn’s relationship with Russia, FactCheck.org “Flynn Redux: What Those FBI Documents Really Show,” Lawfare, 5/1/20 The Logan Act, which criminalizes official correspondence by unauthorized private citizens with foreign governments Foreign Agents Registration Act (FARA), which requires that lobbyists for foreign governments make public disclosures CLIP: Flynn leads “Lock her up!” chant at 2016 RNC, CNN CLIP: Comey discusses FBI Hillary Clinton investigation with George Stephanopoulos, 4/18/18 CLIP: Pence says Flynn made “inaccurate” statements, 2/20/17 CLIP: Trump floats rehiring Flynn, 4/30/20 CLIP: WH Press Sec. Kayleigh McEnany defends Flynn, 5/1/20 See omnystudio.com/listener for privacy information.

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The New Threat Matrix May 04, 2020

Show notes

This special national security focused episode of Stay Tuned, “The New Threat Matrix,” is co-hosted by Lisa Monaco and Ken Wainstein. Both Lisa and Ken have served at the highest levels of government -- at the Justice Department and as presidential advisors on matters of homeland security and counterterrorism. Lisa served under President Barack Obama, and Ken under President George W. Bush. They also both served as Chief of Staff to then-FBI Director Robert Mueller. In this episode, Lisa and Ken do a deep dive on the national security implications of the coronavirus pandemic and break down the issues the U.S. would confront in the event of North Korean leader Kim Jong-Un’s death or incapacitation. Lisa and Ken’s conversation continues for members of CAFE Insider community. The special Insider bonus material covers the latest news on FISA and the historical context that helps us make sense of the recent Inspector General reports. Plus, the recent firing of Intelligence Community Inspector General Michael Atkinson and what that means for U.S. national security. To listen, become a member of CAFE Insider. And sign up to receive the CAFE Brief, a free weekly newsletter featuring analysis of politically charged legal news, historical deep dives, and links to all CAFE content. Write to us with your thoughts and questions at letters@CAFE.com Recorded on 4/30/20 REFERENCES & SUPPLEMENTAL MATERIALS Host bios Lisa Monaco, O’Melveny Ken Wainstein, Davis Polk The Archive Lisa & Ken’s first podcast conversation: Stay Tuned National Security Special, 2/4/20 Special episode of CAFE Insider, featuring Lisa Monaco: Extraordinary Times, 3/17/20 Lisa Monaco joined Preet on Stay Tuned to help answer listener questions, 6/21/18 Lisa Monaco shares the story of her career in her first appearance on Stay Tuned: Behind Closed Doors: Advising Obama & Mueller, 9/28/17 Coronavirus Lisa Monaco and Michelle Flournoy, “Now’s Not the Time for Isolationism,” Politico, 4/8/20 “What caused the coronavirus? A skeptical take on the theories about the outbreak’s Chinese origin,” The Washington Post, 4/16/20 The U.N. Biological Weapons Convention - on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction Bipartisan Commission on Biodefense, homepage and reports A bill proposed by Senators Mitt Romney (R-UT) and Chris Murphy (D-CT): “To authorize a comprehensive, strategic approach for United States foreign assistance to developing countries to strengthen global health security, and for other purposes.” The 9-11 Commission report and related materials Rep. Adam Schiff’s press release and draft legislation: To establish the Commission on the COVID–19 Pandemic in the United States. “Under Fire For Coronavirus Response, Trump Officials Defend Disbanding Pandemic Team,” TIME, 3/19/20 “President’s intelligence briefing book repeatedly cited virus threat,” The Washington Post, 4/27/20 President’s Daily Brief: “Bin Ladin Determined to Strike in US,” 8/6/01 (declassified and approved for release on 4/10/04) DOJ Memo: Department of Justice Enforcement Actions Related to COVID-19, 3/24/20 Harry Litman, “The DOJ Just Made it Too Easy to Link Coronavirus to Terrorism,” Los Angeles Times, 4/2/2020 Raffaello Pantucci, “After the Coronavirus, Terrorism Won’t Be the Same, Foreign Policy,” Foreign Policy, 4/22/20 Kim Jong-Un CLIP: “Trump: 'Very good idea' on Kim Jong Un's health,” 4/27/20 “Is the talk about Kim Jong Un being sick — or worse — true? Pyongyang is abuzz, too.,” The Washington Post, 4/26/20 “Kim Jong Un makes public appearance, Korean media reports,” Financial Times, 5/1/20 See omnystudio.com/listener for privacy information.

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FISA Follies & Trump’s Taxes (with Steve Vladeck) Apr 30, 2020

Show notes

On this week’s episode of Stay Tuned with Preet, “FISA Follies & Trump’s Taxes,” Preet answers listener questions about vice presidential rules, Trump’s defunding of the WHO, and COVID-19’s effect on domestic violence. Then, Preet is joined by Steve Vladeck, the A. Dalton Cross Professor in Law at the University of Texas School of Law, to discuss FISA courts and President Trump’s upcoming Supreme Court battles. To listen to Stay Tuned bonus content, become a member of CAFE Insider. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news, and updates from Preet. And if you haven’t already, listen to this week’s full episode of the CAFE Insider podcast for free in the Stay Tuned feed. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.

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CAFE Insider 4/28: Legal Gambits Apr 28, 2020

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In this clip from the latest episode of the CAFE Insider podcast, "Legal Gambits," co-hosts Preet Bharara and Anne Milgram break down the lawsuit brought by Missouri against the Chinese government over COVID-19, and legislation introduced by Republicans in Congress which would allow lawsuits against foreign governments. Listen to the full episode with a free two-week trial of the CAFE Insider membership. REFERENCES & SUPPLEMENTAL MATERIALS IMMIGRATION ORDER Executive order limiting immigration in response to COVID-19, 4/22/20 Trump tweet announcing executive order suspending immigration, 4/20/20 “Trump’s temporary plan to halt immigration is part of a broader strategy, Stephen Miller says,” New York Times, 4/24/20 RICK BRIGHT REMOVAL Rick Bright’s statement on his removal from BARDA position, 4/22/20 Rep. Frank Pallone’s letter to HHS Inspector General calling for investigation of Bright matter, 4/23/20 “House to examine ouster of health official who doubted drugs Trump pushed,” New York Times, 4/23/20 “Ousting vaccine chief is going to ‘set us back,’ former FDA head says,” Politico, 4/26/20 “Vaccine expert from HHS to file whistleblower complaint,” CBS News, 4/24/20 SUING CHINA Missouri AG’s complaint filed in Eastern District of Missouri, 4/21/20 Foreign Sovereign Immunities Act (FSIA) of 1976, the law granting foreign states immunity 28 U.S. Code § 1605, the statute outlining the exceptions to the immunity of a foreign state Justice Against Sponsors of Terrorism Act (JASTA), the law carving out an exception in FSIA for lawsuits against states who have sponsored terrorism “Suing China over coronavirus won’t help. Here’s what will work,” John Bellinger, Washington Post op-ed, 4/23/20 “Congress hands Obama first veto override,” Politico, 9/28/16 MCCONNELL STATE BANKRUPTCY COMMENTS Clip: Mitch McConnell expresses support for allowing states to go bankrupt, Hugh Hewitt radio show, 4/22/20 “McConnell takes flak after suggesting bankruptcy for states rather than bailouts,” Washington Post, 4/23/20 SUPREME COURT Ramos v. Louisiana, the decision banning non-unanimous jury verdicts in criminal cases “Why a case about jury verdicts could spell trouble for Roe v. Wade,” Ruth Marcus, Washington Post op-ed, 4/24/20 NY Rifle & Pistol Assoc. v. NYC, the decision on a now moot challenge to a NYC rule regarding the transport of firearms The Sixth Amendment of the United States Constitution LAUGHING CHALLENGE “Centuries-old law against cursing in public repealed by Virginia legislators,” NPR, 2/19/20 See omnystudio.com/listener for privacy information.

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Ballot Battles (with Michael Waldman) Apr 23, 2020

Show notes

On this week’s episode of Stay Tuned with Preet, "Ballot Battles," Preet answers listeners’ questions about online learning, mail fraud, and the Equal Time Doctrine. Then, Michael Waldman, President of the Brennan Center for Justice at NYU School of Law, joins Preet for a discussion about voting. To listen to Stay Tuned bonus content, become a member of CAFE Insider. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news, and updates from Preet. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail. REFERENCES & SUPPLEMENTAL MATERIALS THE Q&A “As School Moves Online, Many Students Stay Logged Out,” New York Times, 4/6/20 47 U.S. Code § 315: Candidates for public office, Legal Information Institute 18 U.S. Code § 1341: Frauds and swindles, Legal Information Institute Stay Tuned: Blame Today On the 70s (with Kevin Kruse & Julian Zelizer), 1/24/19 THE INTERVIEW The Fight to Vote, Simon & Schuster (2017) “How to Protect the 2020 Vote from the Coronavirus,” Brennan Center for Justice, 3/16/20 Stay Tuned: Gunning for the 2nd Amendment? (with Michael Waldman), 1/15/19 HISTORY OF VOTING RIGHTS: President Abraham Lincoln, Last Public Address, 4/11/1865, Abraham Lincoln Online “The 1913 Women’s Suffrage Parade,” The Atlantic, 3/1/13 Voting Rights Act of 1965, U.S. Government National Archives Recordings of President Lyndon B Johnson’s phone calls, DiscoverLBJ “Confrontations for Justice,” The National Archives Michael Waldman, “The Right to Vote? Don’t Count on It,” Brennan Center, 2/29/16 THE CONSTITUTION: 15th Amendment, National Constitution Center 17th Amendment, National Constitution Center 19th Amendment, National Constitution Center SUPREME COURT DECISIONS: Shelby County v. Holder (2013), Oyez Rucho v. Common Cause (2019), Oyez Lamone v. Benisek (2019), Oyez Republican National Committee v. Democratic National Committee (2020), SCOTUSblog VOTER FRAUD & SAFETY: Justin Levitt, “The Truth About Voter Fraud,” Brennan Center, 11/9/07 Watch: Voter ID Laws, “The Colbert Report,” Comedy Central, 7/20/11 “Trump Disbands Commission on Voter Fraud,” New York Times, 1/3/18 Tweet featuring Wisconsin Assembly speaker telling voters it’s safe to go out, 4/7/20 See omnystudio.com/listener for privacy information.

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CAFE Insider 4/21: Rolling with Pandemic Punches Apr 21, 2020

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In this clip from the latest episode of the CAFE Insider podcast, "Rolling with Pandemic Punches," co-hosts Preet Bharara and Anne Milgram discuss: — President Trump’s threat to force Congress to adjourn so that he can bypass the Senate confirmation process for judicial nominees, a process known as “recess appointments.” — An update on members of Trump’s inner circle, including Michael Cohen, Roger Stone, and Paul Manafort, the possibility that the president might pardon them, and the Justice Department’s compassionate release policy. — The Supreme Court’s decision to livestream oral arguments for the first time in its history due to coronavirus, and the high-profile cases that the public will now be able to hear, including those involving Trump’s taxes. Listen to the full episode with a free 2-week trial of the CAFE Insider membership. See omnystudio.com/listener for privacy information.

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Fighting for Life (with Wes Moore & David Lat) Apr 16, 2020

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On this week’s special episode of Stay Tuned, Preet is joined by two guests. Wes Moore is the CEO of Robin Hood NYC, a New York City-based antipoverty philanthropic organization. Moore is also a Rhodes Scholar, combat veteran, social entrepreneur, and bestselling author. In the midst of coronavirus, Robin Hood is at the forefront of relief efforts focused on aiding society’s most vulnerable. David Lat is a Managing Director at the recruiting firm Lateral Link and the founder of the iconic legal blog Above the Law. Last month, Lat spent almost a week on a ventilator after falling extremely sick with COVID-19. Thankfully, Lat is now on the road to recovery and has been sharing his story and his larger reflections on the pandemic on social media, television, and in powerful opinion pieces in major newspapers. Lat--a healthy and energetic 44-year-old--has used his harrowing journey with coronavirus to remind us of our collective risk and to highlight the selfless work of frontline healthcare professionals. To listen to Stay Tuned bonus content, become a member of CAFE Insider. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news, and updates from Preet. And if you haven’t already, listen to this week’s full episode of the CAFE Insider podcast for free in the Stay Tuned feed. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.

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CAFE Insider 4/14: COVID Aftershocks Apr 15, 2020

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To join the CAFE Insider community, head to cafe.com/insider In this episode of CAFE Insider, “COVID Aftershocks,” Preet and Anne break down all the latest politically-charged legal issues and developments, including: — The formation of a White House “Council to Re-Open America,” and President Trump’s false assertion that “when somebody is the President, authority is total.” — Concerns about the upcoming November election and the legal and political dynamics surrounding the push to vote-by-mail. — The surprising constitutional questions around presidential succession in the U.S., as leaders around the world are falling ill with the coronavirus. — Attorney General Bill Barr’s recent interview in which he said the media was “on a jihad” to discredit President Trump, and the DOJ’s intention to take action to protect religious freedom. — The news that Apple and Google are teaming up to create “contact tracing” tools to help track and prevent the spread of the virus, and the privacy issues that arise from this kind of surveillance. We hope you’re enjoying CAFE Insider. Email us at letters@cafe.com with your suggestions and questions for Preet and Anne. REFERENCES & SUPPLEMENTAL MATERIALS WHITE HOUSE COVID-19 RESPONSE: 10th Amendment of the U.S Constitution Clip: Trump says presidential authority is “total,” CNN, 4/13/20 Clip: Larry Kudlow says investors should “think about buying during these dips,” CNBC, 3/6/20 “Wilbur Ross’s prediction about the coronavirus bringing back jobs was wrong,” Vox, 4/2/20 “Trump’s grand reopening council triggers slew of new questions,” Politico, 4/13/20 VOTE-BY-MAIL Trump tweet criticizing vote-by-mail, 4/8/20 Brennan Center vote-by-mail explainer, 4/8/20 “Voting by mail and the race between Biden and Trump,” The Atlantic, 4/11/20 PRESIDENTIAL SUCCESSION 25th Amendment of the U.S. Constitution Presidential Succession Act of 1947, 3 U.S. Code § 19 Presidential Succession Act of 1792 Presidential Succession Act of 1886 Congressional Research Service report on presidential succession, 6/29/05 Continuity of Government Commission succession report, 6/1/09 Jack Goldsmith, “A Presidential Succession Nightmare,” Lawfare, 3/25/20 BARR & RELIGIOUS FREEDOM Free Exercise Clause of the 1st Amendment AG Barr’s Fox News interview with Laura Ingraham, 4/8/20 DOJ spokesperson tweeting “expect action” on religious freedom, 4/11/20 Employment Division of Oregon v. Smith (1990), decision establishing rational basis test for religious freedom cases “William Barr’s Wild Misreading of the First Amendment,” Jeffrey Toobin, The New Yorker, 10/17/19 “States Consider Whether Religious Services Qualify as ‘Essential,’” NPR, 4/1/20 CONTACT TRACING Apple’s official announcement of Google partnership on contact tracing, 4/10/20 Andy Slavitt tweet thanking Google and Apple, 4/10/20 “The biggest questions about Apple and Google’s new coronavirus tracker,” The Verge, 4/11/20 See omnystudio.com/listener for privacy information.

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Trump v. The Invisible Enemy (with Peter Baker) Apr 09, 2020

Show notes

On this week’s episode of Stay Tuned, "Trump v. The Invisible Enemy," Preet answers listener questions about: The Supreme Court’s 5-4 decision on Wisconsin’s plan to extend absentee voting amid the challenges posed by the coronavirus pandemic Whether recently fired Inspector General for the Intelligence Community Michael Atkinson could sue the government for wrongful termination, and the parallels to the firing of former Deputy FBI Director Andrew McCabe Transitioning from the military into the field of law Then, Preet is joined by Peter Baker, the chief White House correspondent for The New York Times and a political analyst for MSNBC. Baker has covered four White Houses: Bill Clinton, George W. Bush, Barack Obama, and, now, Trump. To listen to Stay Tuned bonus content, become a member of CAFE Insider. And if you haven’t already, listen to this week’s full episode of the CAFE Insider podcast for free. Sign up to receive a link to the episode at cafe.com/preet. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.

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