Targeted Killings: Suleimani & Hoffa (with Jack Goldsmith)

On this week’s episode of Stay Tuned, "Targeted Killings: Suleimani & Hoffa," host Preet Bharara answers your questions about:

-- John Bolton's statement that he's prepared to testify in the Senate impeachment trial if he's subpoenaed

-- Whether the House can continue to call additional witnesses after the articles of impeachment are transmitted to the Senate, and Senator Marco Rubio's interpretation of Senate trial rules

-- Government prosecutors' decision to seek prison time for former Trump national security adviser Michael Flynn

Jack Goldsmith is a Harvard law professor, co-founder of Lawfare, and an author. His most recent book is In Hoffa's Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth. Goldsmith served as the Assistant Attorney General in charge of the Office of Legal Counsel from 2003-2004.

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. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news, and updates from Preet.

REFERENCES & SUPPLEMENTAL MATERIALS

THE Q&A
Statement of John R. Bolton regarding congressional testimony, 1/6/20
Sen. Marco Rubio’s tweet about Bolton’s testimony, 1/6/20
United States’ Supplemental Memorandum in Aid of Sentencing, U.S. v. Michael Flynn, 1/7/20
“Prosecutors Ask That Michael Flynn Get Prison Time,” New York Times, 1/7/20

THE INTERVIEW
In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth, Farrar, Straus and Giroux (September 2019)

Primary Sources:
Article II of The Constitution, Legal Information Institute
Authorization for Use of Military Force (AUMF), 2001
Authorization for Use of Military Force against Iraq Resolution, 2002
Executive Order 12333, National Archives
“War Powers,” Library of Congress
Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, Office of the Inspection General, December 2019
Goldsmith’s May 2004 memo & July 2004 memo regarding the Stellar Wind program

Analysis:
Goldsmith’s tweets about precedent, 1/4/20
Bobby Chesney’s tweet about assassinations, 1/5/20
“The Soleimani Strike: One Person Decides,” Lawfare, 1/3/20
“Did the President Have the Domestic Legal Authority to Kill Qassem Soleimani?,” Lawfare, 1/3/20
“The key word in U.S. justifications for the killing of Iranian general: ‘Imminent,’” Washington Post, 1/5/20
“As Tensions With Iran Escalated, Trump Opted for Most Extreme Measure,” New York Times, 1/4/20
“Trump Threatens Iranian Cultural Sites, and Warns of Sanctions on Iraq,” New York Times, 1/5/20
“Trump Says He'll Target Iran's Cultural Sites. That's Illegal,” National Public Radio, 1/6/20
“Assassination Ban and E.O. 12333: A Brief Summary,” CRS Report for Congress, 2002
“The FBI Needs to Be Reformed,” The Atlantic, 12/16/19

Stay Tuned Archive:
Bob Bauer’s interview on Stay Tuned

THE BUTTON
"White Prosecutor, Doug Evans, Asks to Recuse Himself From Curtis Flowers Case,” New York Times, 1/7/20
In the Dark Podcast, APM Reports

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