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All Episodes

The Counsel — 358 episodes

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Title
1

Todd Blanche Has Run Wild with DOJ; Now He Must Answer For It

2

The Reflecting Pool Prosecution Is Already Leaking

3

Trump Lost Big in the Supreme Court – and Conservatives Swing the Balance Against Him

4

The Problem with Newsom's Victim Narrative

5

The Fiasco Hanging Over Todd Blanche's Confirmation Hearing

6

Trump’s IRS Immunity Deal Survives

7

Trump’s Slush Fund is Doomed

8

DOJ’s Slush Fund May Cost Todd Blanche the Attorney General’s Office

9

Trump's Most Dangerous Executive Order Yet

10

DOJ Could Sink Its Own Case Against Trump's Would-Be Assassin

11

The Comey Case Will Collapse Before It Ever Reaches a Jury

12

Don’t Bet on a DOJ Crackdown Against Insider Trading on Prediction Markets

13

Trump Braces for Potential Democratic Senate Takeover

14

The Maduro Case Needs a New Judge

15

What Trump Wants in His Next Attorney General

16

Pam Bondi Is Gone, but the Stain on the Justice Department Will Remain

17

The Single Question That Will Doom Trump’s Quest to Gut Birthright Citizenship

18

The Most Transparent DOJ in History

19

One (Losing) Battle After Another

20

The Trump Administration Wrongly Took $160 Billion and Won’t Give it Back

21

The Clintons Have Testified about Jeffrey Epstein: Will Trump be Next?

22

The Justice Department Is Skipping Out on Epstein Accountability

23

The Epstein List: Celebrities Named, Predators Redacted

24

Law Enforcement Theater in Fulton County

25

6 Big Questions for Pam Bondi on Epstein and ICE

26

The Trump Administration Spews Legal Garbage on Minnesota Shootings

27

How Bill and Hillary Clinton Could Soon Become Criminal Defendants

28

Why the FBI’s Minneapolis ICE Shooting Investigation is Hopelessly Compromised

29

Why Nicolas Maduro Faces Trial in Lower Manhattan

30

DOJ's Bungled Epstein Rollout Ignores the Law

31

Time for Pam Bondi Intervention

32

Epstein Files: We Won’t Know What Bondi Won’t Show

33

The Malignant Incompetence of Kash Patel

34

The Losing Isn’t Over for Trump’s Justice Department

35

How Rookie Mistakes Could Sink the Comey Prosecution

36

When Juries Push Back

37

Trump Tariffs Teetering on Extinction

38

The Trump Tariffs’ Last Stand

39

Trump vs. Trump's DOJ

40

The John Bolton Indictment Is Different

41

Trump Might Get to Send the National Guard Anywhere He Wants

42

An Epic Courtroom Mismatch Is Looming in the Comey Case

43

Note from Elie 9/26: The Meaning of the Comey Indictment

44

Note from Elie 9/22: How Will Pam Bondi React to Trump’s Outrageous Demands of Her?

45

Note from Elie 9/19: When You Come at the King

46

Note from Elie 9/12: Trump’s Emergency Summer Becomes Fallback Fall

47

Note from Elie 9/05: Trump Can’t Fire the Fed at Will — But He Probably Can Fire Lisa Cook

48

Note From Elie 8/29: Will the Courts Let Trump Send the National Guard Into New York?

49

Note from Elie 8/22: Obergefell Isn't Dobbs. Gay Marriage Will Stand.

50

Note from Elie 8/15: The Calm Before the Epstein Storm

51

Note From Elie 08/08: Will the U.S. Supreme Court Actually Save Ghislaine Maxwell?

52

Note from Elie 8/1: Trump Is Only Pretending to Release More Epstein Material

53

Note from Elie 7/25: Ghislaine Maxwell Is Not the Savior

54

Note from Elie 7/18: Pam Bondi: Trump’s Clueless Heat Shield

55

Note from Elie 7/11: Nobody Trusts Pam Bondi

56

Note from Elie 7/3: The Diddy Verdict — What Went Wrong?

57

Note from Elie 6/27: The Quiet Unraveling of the Kilmar Abrego Garcia Prosecution

58

Note from Elie 6/20: The President’s Constitutional Power to Do Stupid Things

59

Note From Elie 06/13: The Kilmar Abrego Garcia Case: Prosecution as Political Cover

60

Note from Elie 6/06: The Supreme Court Will Settle Trump’s Tariffs – But When, and How?

61

Note from Elie 5/30: Trump vs. Harvard: Asymmetric Warfare

62

Note from Elie 5/23: Letitia James Started It, but Trump's Payback Isn't the Answer

63

Note from Elie 5/16: Trump’s Government by Hysteria

64

Note from Elie 5/09: How Diddy Just Might Avoid Disaster

65

Note from Rachel 5/7: Commandeering Through Intimidation

66

Note from Elie 5/02: We’ve Got 99 Immigration Problems, but the Judge Arrests Ain’t One

67

Note From Barb 4/30: Freezing the Free Press

68

Note from Elie 4/25: The Trump Administration’s False Flag: Combating Anti-Semitism at Harvard is Really About Thought Control

69

Note from Elie 4/18: How Could the Kilmar Abrego Garcia Standoff End?

70

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

71

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

72

Note from Rachel 4/9: Rethinking Precedent

73

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

74

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

75

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

76

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

77

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

78

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

79

Note from Elie 3/14: Eric Adams: NYC’s Mayor, DOJ’s Yo-Yo

80

Note from Mimi 3/12: Protecting Prosecutorial Independence

81

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

82

Note From Barb 3/5: Trump's Retribution Tour Hits the 6th Amendment

83

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

84

Note from Rachel 2/26: Authoritarian Agencies

85

Note from Asha 2/19: Fearless Speech: What Are You Willing to Risk to Speak Out?

86

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

87

Note from Mimi 2/12: A Message to DOJ Rank and File

88

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

89

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

90

Note from Barb: Trump’s Demonization of Public Servants

91

Note from Elie 1/31: Donald Trump’s Assault on DOJ

92

Note from Rachel 1/29: Pardons Without Process

93

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

94

Note from Asha 1/22: Meta's Pay to Play Gambit

95

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

96

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

97

Note from Barb 1/8: Only One President is a Felon

98

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

99

Note from Elie 1/3: Your Legal Questions Answered

E
100

Note from Elie 12/20: The GOP's Criminal Case Against Liz Cheney Is a Total Mess

101

Note From Joyce 12/18: Birthright Citizenship

102

The Daniel Penny Trial (with Rikki Klieman)

103

Note from Elie 12/12: The Bizarre Infatuation with Luigi Mangione Won’t Help Him Beat a Murder Case

104

Note From Barb 12/11: The Art of the Counterpunch

105

Presidential Pardons & the Death Penalty (with Rachel Barkow)

106

Note from Rachel 12/4: The President’s Impoundment Authority

107

Note from Elie 12/3: Joe Biden’s Pardon of Hunter Is So Much Worse Than It Needed to Be

108

Note from Asha 11/27: How Bad Are Trump's Nominees? Ask Carla F.

109

Trump’s Puzzling Free Speech Proposals (with Lee Bollinger)

110

Note from Elie 11/22: The Trump Hush Money Case Nears its Sorry End

111

Note From Joyce 11/20: The Harsh Reality of Trump on Immigration

112

The OLC Memos & Presidential Immunity (with Trevor Morrison)

113

Note from Elie 11/15: Trump’s Nomination of Matt Gaetz Is a Sign of Dark Intentions

114

Note From Barb 11/13: Unpardonable

115

Note from Elie 11/08: Trump's Gamble Pays Off As Cases Fade Away

116

Note from Rachel 11/5: Tough on Crime Politics is Alive and Well

117

Note from Elie 11/01: How Not to Contest the 2024 Election

118

Note from Asha 10/30: When Murder Becomes a Foreign Policy Tool

119

Note from Elie 10/25: How the 2024 Election Will Reshape the Supreme Court

120

Note From Joyce 10/23: Will My Vote Still Count?

121

Note from Elie 10/18: Kamala Harris is, Indeed, a Cop

122

Note From Barb 10/16: Disinformation at the Eye of the Storm

123

Note from Elie 10/11: Kathy Hochul’s Dilemma

124

Note from Rachel 10/9: Wrongful Convictions and Capital Punishment

125

Note From Elie 10/03: Jack Smith’s October Cheap Shot

126

Note from Asha 10/2: The Long Arc of Racial Violence

127

NYC Mayor Eric Adams Indicted (with Barb McQuade)

128

Note From Joyce 9/25: Donald Trump's Blame Game

129

Note from Elie 9/18: An SDNY Prosecutor’s Read on the Diddy Indictment

130

Note from Barb 9/18: A Swift Way to Change the Conversation

131

Note from Elie 9/13: Jack Smith’s Poison Pill

E
132

Note from Rachel 9/11: Prudence over Politics

133

Note from Elie 9/6: Kamala Harris’s Secret Weapon

134

Note from Asha 9/04: Not Everything is About Free Speech

135

Note from Elie 8/30: The Final Days of Merrick Garland

136

Note from Elie 8/23: How Donald Trump May Dodge Sentencing Before the Election, or Ever

137

Note From Barb 8/21: The Couch Gag

138

Note from Elie 8/16: Jack Smith Can Still Hurt Donald Trump

139

Note from Rachel 8/14: Criminal Justice Reform Goes Mainstream

140

Note from Elie 8/09: Kamala Harris and Those “Lock Him Up” Chants

141

Note from Asha 8/07: Trump Knows Exactly What He’s Doing

142

Note from Elie 8/02: Joe Biden’s Last Stand: Supreme Court Reform

143

Note From Joyce 7/31: The Bankruptcy Abuse Must Stop

144

Note from Elie 7/26: Let’s Knock Off the 25th Amendment Talk

145

Note From Barb 7/24: The Mission of Justice

146

Note from Elie 7/19: The Secret Biden Tape That We Shouldn’t Hear

147

Note From Joyce 7/17: Don’t Stop Political Debates

148

Note from Elie 7/16: Judge Cannon’s Ruling: Probably Wrong, But Not Crazy

149

Note from Elie 7/12: After the Supreme Court’s Immunity Ruling, All Four Trump Cases are in Trouble

150

The Counsel From Cafe

151

Note from Elie: Immunity

152

Note from Elie: The Supreme Court and Jack Smith’s Impending January 6 Dilemma

153

Note from Elie: How Trump’s SEAL Team Six Assassination Response Has Distorted the Presidential Immunity Argument

154

Note from Elie: The Supreme Court’s Make-Or-Break Decision on Trump

155

Note from Elie: Hunter Biden is Almost Surely Guilty — But His Prosecution Makes Little Sense

156

Note from Elie: The Manhattan DA’s Frankenstein Case is a Winner -- The Trump Jury Did Its Job, but Deep Problems Persist

157

Note from Elie: Could the Trump Jury Hang?

158

Note from Elie: The Trump Trial — What if Everyone’s a Horrible Liar?

159

Note from Elie: Will Donald Trump Take the Stand?

160

Note from Elie: The Tape that Will Roil the Trump Trial

161

Note from Elie: Donald Trump — Gagged But Hardly Silenced

162

Note from Elie: Presidential Immunity: Not As Ridiculous As You’ve Heard

163

Note from Elie: Donald Trump’s Rorschach Trial

164

Note from Elie: How on Earth Do You Pick a Jury For a Trump Trial?

165

Note from Elie: The Texas Immigration Law is Doomed

166

Note from Elie: Will We See Any Trump Trials Before the Election?

167

Note from Elie: The Failure of DOJ’s Special Counsel System — From Robert Mueller to Robert Hur, It Simply Hasn’t Worked

168

Note from Elie: Joe Biden's Looming Nightmare Pardons

169

Note from Elie: Crash and Burn — The Cost of the Doomed, Hubristic 14th Amendment Campaign

170

Note from Elie: The Supreme Court Doesn’t Give a Damn About Jack Smith’s Timeline (And It Shouldn’t)

171

Note from Elie: Michael Cohen’s Moment of Truth Has Arrived

172

Note from Elie: The Real Biden Documents Scandal (It’s Not the Old Man Stuff)

173

Note from Elie: Donald Trump Has a Jury Problem

174

Note from Elie: Fani Willis Has Problems (Upon Problems)

175

Note from Elie: How Merrick Garland Saved E. Jean Carroll – and His Own Trump Prosecution

176

Note From Elie: The Word Jack Smith Will Never Say

177

Note From Elie: The Supreme Court’s Silver Bullet Solution to the Fourteenth Amendment Problem

178

Note from Elie: The Trail to 2024 Trump Trials

179

Note from Elie: 2023 Legal News Trivia

180

Note from Elie: The Danger of Weaponization – No Matter Who Does It

181

Note from Elie: The Supreme Court Puts Jack Smith in a Bind

182

Note From Elie: The Joe Biden Impeachment Inquiry: Promise Everything, Deliver Nothing

183

Note from Elie: My Carroll Hardy Moment

184

Note from Elie: Take Donald Trump at His Word

185

Note from Elie: What Do We Do With Congressional Scoundrels?

186

Note from Elie: Why Halfway Cooperation Doesn’t Work

187

Note from Elie: Watergate, Trump, and How History Speaks to Us

188

Note from Elie: My Name

189

Note from Elie: The Known Unknowns of Trump’s Immunity Defense

190

Note from Elie: Why Trump Opted Not to Seek Removal to Federal Court

191

Note From Elie: The Prosecution’s Worst Witness

192

Note from Elie: The Importance of Who Decides, and Where

193

Note from Elie: The Forgotten Special Counsel

194

Note from Elie: The End of Unprecedented

195

Note from Elie: Speedy Trials and High Stakes in Trump Georgia Case

196

Note from Elie: The Purgatory of the Trump Co-Conspirators

197

Note from Elie: The Problem With Pardon-Proofing

198

Note from Elie: A Tale of Two Judges

199

Note from Elie: Trump’s 3rd Indictment Is Really Not About Jan. 6

200

Note from Elie: Donald Trump and the “One More Thing” Defense

201

Note from Elie: Why Fani Willis Should Stand Down

202

Note from Elie: The Supreme Court: Conservative Outcomes, Activist Means

203

Note from Elie: Where’s Walt?

204

Note From Elie: Why DOJ’s Trump Trial Should Go First

205

Note from Elie: Skip the Outrage Over Hunter Biden

206

Note from Elie: Why Trump Was Charged in Florida, Not DC

207

Note From Elie: Bright Lights Can Make for Ugly Temptation

208

Note from Elie: Trump’s Longshot Case for Federal Court

209

Note From Elie: George Santos and the Cold Reality of Consequences

210

Note from Elie: Durham Report - Four Years for This?

211

Note from Elie: What John Roberts Really Meant to Say

212

Note from Elie: The Justice Department’s Hunter Biden Conundrum

213

Note from Elie: A Trump Trial Will Happen – But When?

214

Note from Elie: Decoding Dominion’s Settlement with Fox

215

Note from Elie: Judge Merchan Is Admirable - But He Should Recuse

216

Note From Elie: In the Trump Case, We’re All Courtroom Watchers

217

Note From Elie: Prosecutors, Turf Battles, and Trump

218

Note From Elie: What a Trump Indictment Could Mean for the Nation

219

Note From Elie: The Trump Hush Money Case: Bombshell or Dud?

220

Note from Elie: Nine Policymakers in Black Robes

221

Note From Elie: Speech or Debate — Breaking New Constitutional Ground

222

Note From Elie: The Fulton County Grand Juror and the Irresistible Pull of the Spotlight

223

Note From Elie: Mark Pomerantz, Self-Promoting Prosecutorial Turncoat

224

Note from Elie: How to Get Rid of George Santos

225

Note from Elie: How Powerful People Get Away with It

226

Note from Elie: Bad Faith in Pursuit of a White Whale

227

Note from Elie: DOJ & the Coming Constitutional Showdown

228

Note From Elie: What Should We Make of the Biden Documents Matter

229

Note From Elie: DOJ and The Cost of Getting There Second

230

Note From Elie: Legal Heroes of 2022

231

Note from Elie: End Game for the January 6 Committee

232

Note from Elie: Loose Lips Sink Ships: Justice Alito and the Supreme Court’s Credibility Crisis

233

Note from Elie: An Indictment (or Two) Won't End Trump's 2024 White House Bid

234

Note From Elie — Trump Prosecutors: Focus on the People, Not the Label

235

Note From Elie: On Antisemitism

236

Note from Elie: Can a Republican Majority in Congress Derail the Justice Department?

237

Note From Elie: Gaetz Skates — Prosecutorial Malpractice

238

Note From Elie: Donald Trump’s Shot at History

239

Note from Elie: Time for DOJ to Do its Job on Jan. 6

240

Note from Elie: DOJ Subpoenas Mark Meadows (Sort Of)

241

Note from Elie: Nobody Wins with the Special Master

242

Note from Elie: Politics Mar Trump Lawsuit

243

Note from Elie: Steve Bannon’s Joy Ride is Over

244

Note from Elie: The Real World Cost of Prosecutorial Delay

245

Note from Elie: All the Former President’s Lawyers

246

Note From Elie: Merrick Garland Holds the Line

247

Note From Elie: In Defense of the Fifth

248

Note from Elie: Making Sense of Mar-a-Lago

249

Note from Elie: A Chance at Redemption

E
250

Note from Elie: Steve Bannon’s Moment of Accountability

251

Note from Elie: What If They All Went Along With It?

252

Note from Elie: Deciphering DOJ’s Jan. 6 Contempt Decisions

253

Note From Elie: DOJ Delay Hurts Its Own Cause

254

Note from Elie: The Supreme Court and the Rule of Five

255

Note from Elie: What Does it Mean, Exactly, to Know?

256

Note from Elie: Committee Hearings and Criminal Prosecution: Different Ball Games

257

Note from Elie: “Dereliction of Duty” Is Far Too Generous to Donald Trump

258

Note from Elie: The 2nd Amendment, Justice Scalia, and Selective Textualism

259

Note from Elie: What is DOJ Doing on Matt Gaetz?

260

Note from Elie: Latest Jan. 6 Subpoenas: Suboptimal but Sensible

261

Note from Elie: America’s Chaotic Post-Roe Future

262

Note from Elie: Merrick Garland is Running Out of Time

263

Note from Elie: Dishonest but Not Dumb

264

Note from Elie: On Hunter Biden, Let DOJ Do its Job

265

Note from Elie: Criminal Referral: The Ultimate Sugar Rush

266

Note from Elie: A New Rule for Confirming Supreme Court Justices

267

Note From Elie: Refuse to Recuse – A Bad Look for Justice Thomas & The Court

268

Note from Elie: Defending the Defenders – Judge Jackson's Unique Perspective

269

Note from Elie: Lessons from Prosecuting the Nazis

270

Note From Elie: Three Reasons for DOJ's Delay on Meadows

271

Note from Elie: Bill Barr's Revisionist BS

272

Note from Elie: Manhattan DA Bragg vs. the Trump Investigators

273

Note From Elie: Where the Constitution is Silent

274

Note From Elie: Ivanka Trump Is Not A Child

275

Note from Elie: Why Age Matters on the Supreme Court

276

Note from Elie: Rudy’s Downward Spiral

277

Note From Elie: The Many Faces of Kevin McCarthy

278

Note from Elie: Reform the Electoral Count Act Now

279

Note From Elie: Jan. 6 Committee Must Play Hardball

280

Note From Elie: The Top Legal Heroes of 2021

281

Note From Elie: Taking the Fifth: The Constitutional Cop-Out

282

Note From Elie: The MAGA-for-lifers vs. The Prison-Averse

283

Note From Elie: Judicial Malpractice

284

Note From Elie: Aural Closure in a Middle School Gym For All

285

Note From Elie: “The Importance of Preserving Executive Privilege”

286

Note From Elie: Biden Right to Retract Statement on Jan 6 Prosecutions

287

Note From Elie: A Taxonomy of Trumpworld Witnesses

288

Note From Elie: Trump Has Mastered The Art of Delay

289

Note From Elie: The Supreme Court Publicity Tour

290

Note From Elie: Contempt of Congress Prosecutions are Necessary but Fraught

291

Note From Elie: The Failure of John Durham’s Investigation

292

Note From Elie: The January 6 Committee is On the Clock

293

Up Against the Mob: The Cooperator

E
294

Note From Elie: A Personal Reflection on 9/11

295

Note From Elie: Bill Barr’s Cringeworthy Text Messages

296

Note From Elie: A Bridge Too Far on the Eviction Moratorium

297

Note From Elie: Cuomo Unlikely to Face Charges

298

Note From Elie: The Coming Congressional Battle Over Jan 6

299

Note From Elie: Why Jeffrey Clark Matters

300

Note From Elie: The Case Against Tom Barrack

301

Note From Elie: The Uncertainty of Andrew Cuomo’s Political Fate

302

Note From Elie: Kevin McCarthy and the Truth About Jan. 6th

303

Note From Elie: Hatchet Man

304

Note From Elie: Trump Won't Go to Jail

305

Note From Elie: DOJ Stood Its Ground

306

Note From Elie: Too Little, Too Late For Don McGahn

307

Note From Elie: DOJ Should Bring Sedition Charges

308

Note From Elie: Will Trump Be Indicted?

309

Note From Elie: How Much Is Too Much?

310

Tish Targets Trump

311

Much Ado About McGahn?

312

The Business of Cooperation

313

Prosecutors and the Media

314

Hatchet Job

315

Chauvin Charged (Again)

316

"The Shadow Docket"

317

The Court-Packing Debate

318

The Rudy Raid

319

Third Degree Sample: Policing & Systemic Change

320

Prosecuting the Insurrection

321

Unfinished Business For DOJ

322

Third Degree Sample: After the Chauvin Verdict

323

The Chauvin Verdict

324

Chauvin Trial: The Final Stretch

325

Third Degree Sample: The Chauvin Defense Rests

326

Stop, Cooperate and Listen

327

Chauvin Trial: What’s Next

328

Third Degree Sample: Reflections on the Chauvin Trial

329

The Investigation of Matt Gaetz

330

Chauvin Trial Continues

331

Third Degree Sample: Chauvin Trial - The Arguments

332

The Battle Over Voting

333

Chauvin Trial Begins

334

Third Degree Sample: Prosecuting Sedition

335

Prosecuting Hate Crimes

336

Merrick Garland’s First Test

337

Third Degree Sample: How To Strike a Juror

338

Can The Chauvin Jury Be Impartial?

339

Closing In On Trump

340

Third Degree Sample: The Juror

341

Picking the Chauvin Jury

342

Did Cuomo Commit a Crime?

343

The Manhattan DA vs. Trump

344

Cuomo’s Conduct

345

The Book on Bannon

346

A Case Grows in Manhattan

347

The DOJ Returns

348

Merrick Garland’s Moment

349

Zoom Lawyering

350

Will Trump Be Charged?

351

Is Impeachment Broken?

352

Impeachment Day 5

353

Impeachment Day 4

354

Impeachment Day 3

355

Impeachment Day 2

356

Impeachment Day 1

357

Impeachment Preview

358

Coming Soon