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The Counsel

Note From Elie: DOJ Delay Hurts Its Own Cause

The Counsel

Vox Media Podcast Network

News, Politics

4.7861 Ratings

🗓️ 8 July 2022

⏱️ 8 minutes

🧾️ Download transcript

Summary

Note From Elie is part of the free weekly CAFE Brief newsletter. Audio recordings of Elie’s Note are part of the CAFE Insider subscription. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

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0:31.3

Hey everyone, Ellie here with my Friday note to the cafe community. Lots going on in the world of law and politics. So glad

0:39.0

you're with me as always. And please keep sending your thoughts, questions, or comments to

0:43.7

letters atcafe.com. When I was a prosecutor at the Southern District of New York, we used to get into these vicious turf battles with other federal prosecutors, particularly our friendly rivals across the East

1:12.6

River, the Brooklyn headquartered Eastern District of New York. Typically, these intern-assigned

1:18.6

Justice Department beefs would revolve around cooperating witnesses, often in the context of organized

1:24.2

crime cases. The SDNY would have flipped a promising new witness, and the EDNY

1:29.6

would want to borrow that cooperator to use him at one of their upcoming trials, or vice versa.

1:35.2

Sometimes it was the EDNY's witness, and we wanted to borrow him. But the office who had

1:39.8

picked up the shiny new cooperator would not want to share him, particularly when it came to the

1:44.4

cooperator's first time on the stand, his debut, as we'd call it. At times, if the two competing

1:50.5

offices simply could not work out an amicable compromise, we'd end up at our own version of a sit-down,

1:57.1

an internal arbitration, essentially, in which the suits down at Justice Department

2:01.0

headquarters would hear each side's case, and then render a ruling.

2:04.7

In anticipation of one particularly heated dispute resolution session, an excitable

2:09.4

EDNY prosecutor once screeched into the phone at my supervisor, I'm not going to do this in the

2:13.9

voice, you'll lose, you'll lose, you'll lose. It was much more high pitch than that

...

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