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The Counsel

Trump Braces for Potential Democratic Senate Takeover

The Counsel

Vox Media Podcast Network

News, Politics

4.7861 Ratings

🗓️ 24 April 2026

⏱️ 17 minutes

🧾️ Download transcript

Summary

Elie Honig is a former Assistant U.S. Attorney and co-chief of the organized crime unit at the Southern District of New York, where he prosecuted more than 100 mobsters, including members of La Cosa Nostra, and the Gambino and Genovese crime families. He went on to serve as Director of the Department of Law and Public Safety at New Jersey Division of Criminal Justice. He is currently Special Counsel at Lowenstein Sandler and a CNN legal analyst.  For a transcript of Elie’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

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0:19.0

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0:29.4

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0:35.6

Built for you.

0:49.0

Hey everyone, Ellie here, wishing you a happy Friday. So there were two stories this week that both gave us fascinating insights into the U.S. Supreme Court and the dynamic and interactions between and among the

0:56.6

justices. Now, the first one, the bigger one, which you likely saw, was the New York Times

1:01.4

ongoing coverage of these memos that the Times reporters, Adam Leptak, who's fantastic,

1:07.7

and Jody Cantor, also a great reporter, that they got from within the

1:11.2

Supreme Court. They got these internal memos circulated among the justices in this case back in

1:16.4

2016 that the New York Times tells us was sort of the origin point for the modern shadow docket,

1:22.6

this avenue where the Supreme Court considers cases on an expedited basis without full briefing.

1:28.0

There's been plenty of valid criticism of the shadow docket. You've surely heard some of that from

1:32.5

Steve Vladick, who is a powerful opponent of the shadow docket, or the way that it's been used,

1:38.2

I should say. This is a remarkable piece of reporting by the New York Times, but also a shoddy piece of reporting by the Times.

1:46.4

Now, I'm going to discuss it more fully.

1:47.8

If you happen to be listening to this on Friday morning, I'm hosting on SiriusXM, Channel 124 from 9 to noon, Eastern.

1:54.0

So if you want to hear my full thoughts, check in then, in short, this is a great piece of reporting in that they got these memos. I mean, gosh,

2:02.5

this is what reporters are supposed to do. They penetrated the inner, inner sanctum of the U.S.

...

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