The Counsel

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Episodes

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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

Chauvin Trial: What’s Next

In this episode of Third Degree, Elie Honig discusses the strengths and weaknesses of the arguments in the murder trial of Derek Chauvin. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students exclusively for members of CAFE Insider. Become a member at half the annual price with special code DEGR...

Apr 12, 2021•14 min•Ep 26•Transcript available on Metacast

Third Degree Sample: Reflections on the Chauvin Trial

In this sample from the Third Degree podcast, Elie Honig and University of Alabama law student Kyra Perkins discuss the significance and difficulties of watching the Derek Chauvin trial. In the full episode, they further discuss the Chauvin trial, including the strength of the arguments made by the prosecution and defense, the circumstances in which a trial witness can plead the Fifth, and more. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making...

Apr 09, 2021•7 min•Transcript available on Metacast

The Investigation of Matt Gaetz

In this episode of Third Degree, Elie Honig discusses the series of allegations against Florida Republican Congressman Matt Gaetz—including for sex trafficking, extortion, transportation of a minor, and prostitution. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students exclusively for members o...

Apr 07, 2021•12 min•Ep 25•Transcript available on Metacast

Chauvin Trial Continues

In this episode of Third Degree, Elie Honig discusses the long first week in the trial of Derek Chauvin, from the effectiveness of the witnesses to the strength of the prosecution’s arguments. He also looks ahead to the focus of week two: the defense. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school...

Apr 05, 2021•13 min•Ep 24•Transcript available on Metacast

Third Degree Sample: Chauvin Trial - The Arguments

In this sample from the Third Degree podcast, Elie Honig and NYU Law student Safeena Mecklai assess the strength of the defense’s arguments in the trial of Derek Chauvin. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students, exclusively for members of CAFE Insider. To sign up for CAFE ...

Apr 02, 2021•7 min•Transcript available on Metacast

The Battle Over Voting

In this episode of Third Degree, Elie Honig discusses the new Georgia law restricting voting rights and the possibility of H.R.1 — the sweeping piece of federal voting rights legislation — getting through the Senate. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t ...

Mar 30, 2021•12 min•Ep 23•Transcript available on Metacast

Chauvin Trial Begins

In this episode of Third Degree, Elie Honig breaks down what to expect in the trial of Derek Chauvin, including the composition of the jury, the charges, and the likely arguments from both the prosecution and defense. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Transcript, references ...

Mar 29, 2021•15 min•Ep 22•Transcript available on Metacast

Third Degree Sample: Prosecuting Sedition

In this episode of Third Degree, Elie Honig is joined by Harvard Law student and former Trump administration speechwriter Eli Nachmany to discuss the conduct of former DC Acting U.S. Attorney Michael Sherwin and the potential for sedition charges against the Capitol insurrectionists. Plus, Elie tells stories from the legal trenches of his former office, the Southern District of New York. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the hea...

Mar 26, 2021•7 min•Transcript available on Metacast

Prosecuting Hate Crimes

In this episode of Third Degree, Elie Honig assesses the likelihood that hate crime charges will be brought against the shooter who killed eight people, including six Asian women, last week in Atlanta. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t end wi...

Mar 24, 2021•10 min•Ep 21•Transcript available on Metacast

Merrick Garland’s First Test

In this episode of Third Degree, Elie Honig breaks down the DOJ’s prosecution of the insurrectionists who attacked the Capitol on January 6th. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly...

Mar 22, 2021•13 min•Ep 20•Transcript available on Metacast

Third Degree Sample: How To Strike a Juror

In this sample from the Third Degree podcast, Elie Honig and Alabama Law student Kyra Perkins discuss the technicalities of the jury selection process, including the “Batson challenge.” Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students, exclusively for members of CAFE Insider. To si...

Mar 19, 2021•8 min•Transcript available on Metacast

Can The Chauvin Jury Be Impartial?

In this episode of Third Degree, Elie Honig discusses the latest in the trial of Derek Chauvin, including the impact of the historic $27 million settlement between the city of Minneapolis and George Floyd’s family. Elie also breaks down the makeup and demographics of the jury at this stage in the selection process. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when...

Mar 17, 2021•13 min•Ep 19•Transcript available on Metacast

Closing In On Trump

In this episode of Third Degree, Elie Honig discusses the series of growing investigations into former President Donald Trump—from his tax returns to his attempts to overturn the results of the 2020 election. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t...

Mar 15, 2021•12 min•Ep 18•Transcript available on Metacast

Third Degree Sample: The Juror

In this sample of the Third Degree podcast, Elie Honig and NYU Law student Safeena Mecklai discuss the news that a Minnesota judge has reinstated the third degree murder charge against police officer Derek Chauvin — and the impact that charging decision may have on the ultimate verdict. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating ...

Mar 12, 2021•7 min•Transcript available on Metacast

Picking the Chauvin Jury

In this episode of Third Degree, Elie Honig discusses the upcoming trial of Derek Chauvin, the former Minnesota police officer charged with killing George Floyd. As the jury selection process kicks off, Elie breaks down the challenges associated with finding a pool of impartial jurors. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating s...

Mar 10, 2021•14 min•Ep 17•Transcript available on Metacast

Did Cuomo Commit a Crime?

In this episode of Third Degree, Elie Honig discusses the investigation of New York Governor Andrew Cuomo’s alleged misrepresentation of the number of nursing home deaths due to COVID-19. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t end with Third Degre...

Mar 08, 2021•13 min•Ep 16•Transcript available on Metacast

The Manhattan DA vs. Trump

In this episode of Third Degree, Elie Honig is joined by Harvard Law student and former Trump administration speechwriter Eli Nachmany to discuss the Manhattan District Attorney’s growing investigation into former President Trump’s financial records, and how history will remember former Attorney General Bill Barr. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when ...

Mar 05, 2021•28 min•Ep 15•Transcript available on Metacast

Cuomo’s Conduct

In this episode of Third Degree, Elie Honig breaks down the slew of investigations into New York Governor Andrew Cuomo’s conduct. In recent days, Cuomo has faced allegations of sexual harassment and misrepresenting the number of statewide nursing home deaths due to COVID-19. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of Ame...

Mar 03, 2021•12 min•Ep 14•Transcript available on Metacast

The Book on Bannon

In this episode of Third Degree, Elie Honig discusses the potential for state prosecutors to bring criminal charges against Steve Bannon, and the Manhattan District Attorney’s ongoing investigation of Donald Trump’s finances. Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines. Third Degree takes on a bit of a different flavor on Fridays, when Elie speaks with a rotating slate of America’s most impressive law school students. Elie’s...

Mar 01, 2021•13 min•Ep 13•Transcript available on Metacast

A Case Grows in Manhattan

In this episode of Third Degree, Elie Honig is joined by Alabama Law School student Kyra Perkins to break down the status of the Manhattan District Attorney’s investigation into Donald Trump’s taxes and Justice Clarence Thomas’s conspiratorial dissent in a recent Pennsylvania voting rights case. Plus, of all the cases that Elie has prosecuted, which one still keeps him up at night? Join Elie every Monday and Wednesday on Third Degree for a discussion of the urgent legal news making the headlines...

Feb 26, 2021•24 min•Ep 12•Transcript available on Metacast

The DOJ Returns

In this episode of Third Degree, Elie Honig discusses Attorney General Nominee Merrick Garland’s Senate confirmation hearings and a return to normalcy for the Department of Justice. Tune in with Elie every Friday on Third Degree for a conversation with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news,...

Feb 24, 2021•15 min•Ep 11•Transcript available on Metacast

Merrick Garland’s Moment

In this episode of Third Degree, Elie Honig discusses the unique legacy of Merrick Garland, President Obama’s stymied Supreme Court nominee who will now become President Biden’s attorney general. He also breaks down the biggest decisions facing Garland as he takes the helm at DOJ, ranging from investigating Donald Trump to prosecuting Hunter Biden. Tune in with Elie every Friday on Third Degree for a conversation with a rotating slate of America’s most impressive law school students. Elie’s anal...

Feb 22, 2021•14 min•Ep 10•Transcript available on Metacast

Zoom Lawyering

In this episode of Third Degree, Elie Honig is joined by NYU law student Safeena Mecklai to discuss the impact of Trump’s acquittal on the next generation of lawyers, a Georgia District Attorney’s pending investigation into Trump’s efforts to overturn election results, and the challenges of lawyering over Zoom. Join Elie every Friday on Third Degree for a conversation with a rotating slate of America’s most impressive law school students. Elie’s analysis doesn’t end with Third Degree.Sign up to ...

Feb 19, 2021•34 min•Ep 9•Transcript available on Metacast

Will Trump Be Charged?

In this episode of Third Degree, Elie Honig discusses a Georgia District Attorney’s criminal investigation into Donald Trump and his allies. He also addresses the downfall of one Trump ally in particular: Rudy Giuliani. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our current political challenges: cafe.com/article/the-st...

Feb 17, 2021•12 min•Ep 8•Transcript available on Metacast

Is Impeachment Broken?

In this episode of Third Degree, Elie Honig recaps the whirlwind final day of the Senate impeachment trial: the House Managers’ shocking decision to call witnesses, their subsequent decision to stand down, and the eventual acquittal of former President Donald Trump. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our curren...

Feb 15, 2021•13 min•Ep 7•Transcript available on Metacast

Impeachment Day 5

In this episode of Third Degree, Elie Honig recaps the fourth day of the Senate impeachment trial, and looks forward to the final hours before the awaited vote. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our current political challenges: cafe.com/article/the-stay-tuned-newsletter/ Transcript, references and supplementa...

Feb 13, 2021•12 min•Ep 6•Transcript available on Metacast

Impeachment Day 4

In this episode of Third Degree, Elie Honig recaps the third day of the Senate impeachment trial, and previews the next phrase of the trial: Donald Trump’s legal defense. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our current political challenges: cafe.com/article/the-stay-tuned-newsletter/ Transcript, references and s...

Feb 12, 2021•12 min•Ep 5•Transcript available on Metacast

Impeachment Day 3

In this episode of Third Degree, Elie Honig recaps the second day of the Senate impeachment trial, including the House impeachment managers’ case for conviction, and the never-before-seen video evidence presented to the Senators. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our current political challenges: cafe.com/arti...

Feb 11, 2021•12 min•Ep 4•Transcript available on Metacast

Impeachment Day 2

In this episode of Third Degree, Elie Honig recaps the first full day of the Senate impeachment trial, from the performances of the lawyers on each side, to the vote on whether to move forward. He also breaks down the three key strategic questions to watch for heading into Day 2 of the trial. Elie’s analysis doesn’t end with Third Degree.Sign up to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks ...

Feb 10, 2021•11 min•Ep 3•Transcript available on Metacast

Impeachment Day 1

In the second episode of Third Degree, Elie Honig discusses the House impeachment managers, the Trump legal defense team, and what to watch for in the first day of the Senate impeachment trial. Elie’s analysis doesn’t end with Third Degree.Sign up (https://cafe.com/article/the-stay-tuned-newsletter/) to receive the CAFE Brief, a weekly newsletter featuring articles by Elie, a weekly roundup of politically charged legal news, and historical lookbacks that help inform our current political challen...

Feb 09, 2021•13 min•Ep 2•Transcript available on Metacast