• 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.

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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

  • Philip Bump, “Could Joe Biden pick Barack Obama as his running mate? Yes. But.” Washington Post, 8/6/2015
  • Peter Baker, “VP Bill? Depends on Meaning of ‘Elected,’” Washington Post, 10/20/2006
  • Erica Werner, “Congressional Democrats allege Trump’s move to defund World Health Organization is illegal,” Washington Post, 4/15/2020
  • Jacob Pramuk, “Trump’s WHO funding threat echoes action that got him impeached, Democrats say,” CNBC, 4/15/2020
  • “The Impoundment Control Act of 1974: What Is It? Why Does It Matter?” House Committee on the Budget, 10/23/2019
  • “President Donald J. Trump Is Demanding Accountability From the World Health Organization,” WhiteHouse.gov, 4/15/2020
  • Michele Berger and Susan B. Sorensen, “Domestic violence and gun sales in the time of COVID-19,” Penn Today, 4/15/2020
  • Griffin Dix, “COVID-19, gun sales and guns in homes,” The Hill, 4/11/2020

THE INTERVIEW

FISA: 

  • “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation,” Office of the Inspector General, U.S. Department of Justice, 12/9/2019
  • “Management Advisory Memorandum for the Director of the Federal Bureau of Investigation Regarding the Execution of Woods Procedures for Applications Filed with the Foreign Intelligence Surveillance Court Relating to U.S. Persons,” Office of the Inspector General, U.S. Department of Justice, 3/30/2020
  • United States Intelligence Activities, Executive Order 12333, National Archives, 12/4/1981
  • Franks vs. Delaware (Supreme Court, 1978), Justia
  • USA FREEDOM Reauthorization Act of 2020, Congress.gov, 3/10/2020
  • Vladeck’s appearance before the House Select Intelligence Committee, CSPAN, 10/29/2013
  • Steve Vladeck, “The FISA Court and Article III,” Washigton and Lee Law Review, 6/1/2015
  • James G. McAdams III, “FISA: An Overview,” Federal Law Enforcement Training Center, 2006
  • Steve Vladeck, “The Best Evidence Yet That Government Surveillance Oversight Is Nowhere Near Adequate,” Slate, 10/31/2013
  • Steve Vladeck, “Trump’s criticism of the Carter Page FISA warrant is wrong. But that doesn’t mean the FISA process is right,” NBC News, 7/24/2018
  • Inspector General Memo on FISA Audit, Department of Justice, 3/30/2020
  • Ellen Nakashima and Devlin Barrett, “Problems with FBI surveillance extended far beyond probe of Trump campaign, Justice Dept. inspector general says,” Washington Post, 3/31/2020
  • Andrew C. McCarthy, “It’s Time to Rethink Foreign-Intelligence Surveillance,” National Review, 4/4/2020

COVID AND THE LAW:

  • Deputy Attorney General Jeffrey Rosen, “Department of Justice Enforcement Actions Related to COVID-19,” Department of Justice, 3/24/2020
  • Harry Litman, “The DOJ Just Made it Too Easy to Link Coronavirus to Terrorism,” Los Angeles Times, 4/2/2020
  • Chris Strohm, “Barr Threatens Legal Action Against Governors Over Lockdowns,” Bloomberg, 4/21/2020

UPCOMING LEGAL FIGHTS:

  • Supplemental Briefing Order on Trump Tax Cases, Supreme Court, 4/27/2020
  • Steve Vladeck, Thread on Supreme Court Order, Twitter, 4/27/2020
  • Josh Chafetz, Congress’s Constitution: Legislative Authority and the Separation of Powers, Yale University Press, 2017
  • Steve Vladeck, “What would happen if Trump ignored a divided Supreme Court ruling against him?” Washington Post, 10/14/2019

WAR CRIMES TRIALS:

  • Gerd Hankel, “Leipzig War Crimes Trials,” International Encyclopedia of the First World War, 2016
  • Mitchell Yockelson, “The bizarre tale of a kidnapping attempt, the German kaiser and a beloved ashtray,” Washington Post, 8/14/2018
  • Rebecca Kheel and Morgan Chalfant, “Five Things to Know about the International Criminal Court,” The Hill, 9/10/2018