On this week’s episode of Stay Tuned, Preet answers your questions about:Obstruction of justice and whether unlawful underlying conduct is necessary to bring a caseThe ICE raids that have resulted in the arrests of hundreds of undocumented workers, but no charges against the businessesAttorney-client privilege, and whether it survives the death of a clientGoing to law school and changing careersMichael Waldman, the President of the Brennan Center at NYU Law School, joins Preet for a wide-ranging conversation about the Second Amendment, gun control, voting rights, and the craft of speechwriting. Bonus clips from the interview are available for members of the CAFE Insider community.
You can listen to today’s episode on the player of your choice or here. References and supplemental materials for the episode are below.
As always, tweet your questions to @PreetBharara with the hashtag #askpreet, email us at
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THE Q&A
OBSTRUCTION OF JUSTICE Definition of Obstruction of Justice“Barr is wrong: Obstruction of justice doesn’t require another underlying crime,” Washington Post, 3/26/2019ICE RAIDS“ICE raids raise question: What about the employers?,” AP News, 8/14/2019“Prosecutors pick their battles. I chose not to pursue an ICE raid in Alabama,” Joyce White Vance, Washington Post, 8/9/2019“ICE Arrests Hundreds in Mississippi Raids Targeting Immigrant Workers,” NYT, 8/7/2019“‘If you’re a good worker, papers don’t matter’: How a Trump construction crew has relied on immigrants without legal status,” Washington Post, 8/7/2019ATTORNEY-CLIENT PRIVILEGE“In death, Jeffrey Epstein enjoys certain legal protections,” CBS, 8/13/2019“Michael Cohen, Attorney-Client Privilege and the Crime-Fraud Exception,” Lawfare, 4/10/2018“Is Confidentiality Really Forever: Even if the Client Dies or Ceases to Exist?,” ABA, 4/1/2014BRYAN STEVENSONStay Tuned Interview with Bryan Stevenson, 2/28/19THE INTERVIEW
GUNS & THE SECOND AMENDMENTSecond Amendment of the U.S. ConstitutionDistrict of Columbia v. Heller (2008), OyezMichael Waldman’s tweet about how Madison & Jefferson voted to ban guns from the University of Virginia campus, 2/17/2018“On Guns, Public Opinion and Public Policy Often Diverge,” NYT, 8/10/2019“What the Second Amendment really meant to the Founders,” Washington Post, 2/22/2018“Antonin Scalia was wrong about the meaning of ‘bear arms,’” Dennis Baron, Washington Post, 5/21/18“Gun Control Is As Old As The Old West,” Smithsonian Magazine, 2/5/2018“US gun control: What is the NRA and why is it so powerful?” BBC, 1/8/2016“Nation Reels After Gunman Massacres 20 Children at School in Connecticut,” NYT, 12/14/2012VOTER FRAUD & VOTER PURGESBrennan Center for Justice Report: “The Truth About Voter Fraud”Brennan Center for Justice Study on Voter Purge RatesPresident Trump’s tweet claiming that millions of people illegally voted in the 2016 presidential election, 11/27/2016“The Voter-Fraud Myth,” New Yorker, 10/29/2012 RUSSIAN ELECTION INTERFERENCE2016 Presidential Campaign Hacking Fast Facts, CNN, 12/26/2016GERRYMANDERINGRucho v. Common Cause (2018), Oyez“The State of Redistricting Litigation,” Brennan Center for Justice, 8/2/2019 “What is Gerrymandering? And Why Did the Supreme Court Rule It?,” NYT, 6/27/2019