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.

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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 archive of contributor notes, head to CAFE.com.

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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.

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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 archive of contributor notes, head to CAFE.com.

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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.

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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 archive of contributor notes, head to CAFE.com.

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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.

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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 archive of contributor notes, head to CAFE.com.

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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.

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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 archive of contributor notes, head to CAFE.com.

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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