The Counsel - podcast cover

The Counsel

CAFE
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.

Episodes

Note from Asha 4/16: What’s the Real Quid Pro Quo with Bukele?

Asha Rangappa discusses the potential quid pro quo between the Trump administration and El Salvador's President Bukele, focusing on MS-13 gang violence and immigration policies. She explores the possibility of a secret agreement benefiting both leaders at the expense of justice and transparency, questioning the true motivations behind the US-El Salvador relationship and its impact on asylum claims and gang operations.

Apr 16, 202512 min

Note from Elie 4/11: Trump Threatens to Imprison Critics — and Now He’s Got the AG To Do It

Elie Honig discusses Donald Trump's actions against Chris Krebs and Miles Taylor, who criticized him. Trump ordered stripping of security clearances and criminal investigations. Honig argues this constitutes an abuse of power and discusses the possibility of a selective prosecution defense, while expressing concern over potential actions by the Attorney General.

Apr 11, 202510 min

Note from Rachel 4/9: Rethinking Precedent

Rachel Barkow discusses Trump's strategy of challenging legal precedents, particularly concerning the removal of agency heads. She argues that the Supreme Court's selective adherence to originalism opens the door for liberals to challenge criminal justice precedents. Barkow suggests testing the court's willingness to overrule cases that defy the Constitution's original meaning, exposing potential biases.

Apr 09, 20258 min

Note from Elie 4/3: Trump’s Blacklisted Law Firms: Surrender or Fight?

Elie Honig discusses Donald Trump's targeting of elite law firms, examining the reasons behind it and the potential consequences. Trump's actions are seen as retribution for the firms' association with his political adversaries. The targeted firms face a choice between compromising their independence for financial gain and fighting back to uphold the integrity of the legal profession.

Apr 04, 202511 min

Note From Barb 4/2: Why Law Firms Must Resist the Bully-in-Chief

Barb McQuade discusses how law firms are being targeted by executive orders for working on cases against Donald Trump and advises that giving in to the demands of a bully only invites more demands. She draws parallels to extortion cases she prosecuted, emphasizing that resisting such pressure is the only way to prevent further corruption and protect the legal profession.

Apr 02, 20256 min

Note from Elie 3/26: DOJ’s Selective Do-Nothing Era

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 archi...

Mar 26, 20259 min

Note from Elie 3/21: “One Unelected Judge” vs. the President

Elie Honig shares an anecdote about meeting retired Justice Stephen Breyer and discusses Trump's administration's criticisms of nationwide injunctions issued by unelected judges. He explores the rise of these injunctions, their impact on presidential policy, and the potential for Supreme Court guidance on the issue.

Mar 21, 202512 min

Note from Asha 3/19: Why the Alien Enemies Act Is So Dangerous in Trump's Hands

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

Mar 19, 202511 min

Note from Elie 3/17: Trump Pushes Courts to the Brink

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 archi...

Mar 17, 202510 min

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 archi...

Mar 14, 202510 min

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

Mar 12, 202512 min

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

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 archi...

Mar 07, 202511 min

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

Mar 05, 20257 min

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

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 archi...

Feb 27, 202511 min

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 ...

Feb 26, 202511 min

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

Feb 19, 20257 min

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

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 archi...

Feb 18, 202511 min

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

Feb 12, 20259 min

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

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 archi...

Feb 12, 20258 min

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

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 archi...

Feb 07, 20258 min

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 Attorn...

Jan 29, 202513 min

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

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 archi...

Jan 24, 20259 min

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

Jan 22, 20259 min

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

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 archi...

Jan 14, 20259 min

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

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 archi...

Jan 10, 202510 min

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

Jan 08, 20257 min

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

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 archi...

Jan 07, 202510 min

Note from Elie 1/3: Your Legal Questions Answered

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 archi...

Jan 03, 202518 min