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Preet Bharara

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2019-05-15
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2019-05-15
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  1. Most people. A tea in it. Well, it's the C sound. Why do you need a C and a K? You think you could just have one of them?

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  2. I've done one stupid one, but mostly, yeah, mostly I think very carefully about what I'm going to say. And I know when I can create outrage. You know what I mean? I'm aware of certain things that will create.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  3. I was just so My dad To calm down, then you lay off. But your dad was monitoring. The keys for a date. Oh, yeah. Yeah, but it does. It creates a situation where you feel like you have to come. Like today, Chris Hughes, one of the founders of, I think I put off three tweets right away. But I know him. I know them. I know what's going on. You take a deep.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  4. Like a year ago, and I sort of lost my mind. I think I sent 20 tweets Each angrier than the I was just so angry at what he was doing to that committee. My dad was like, You need to calm down. So when your dad tells you, when you're 50 and your dad tells you you need to calm down, then you lay off. But your dad was.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  5. Sort of called me out. Devin Nunez did whatever crazy shit. Devin Nunez on your show. I don't curse on my show. Yeah, that's okay. Whatever crazy shit he was doing.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  6. I think it does need tires. I think you go up and down. Something crazy happened. So there have been days You know, when Bill Barr was testifying, I think I tweeted a lot. There were times a year ago, the one time my father.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  7. Those things. That's a joke. Other people will find interesting articles or, I mean, not just cat and dog videos, but interesting things. And I just, you know what? I will just retweet them or just say, you know, take a look at this, you know, or someone yesterday posted a video of Obama. Reacting emotionally after a school shooting, I'd forgotten about that, hadn't seen it in a long time. I think Joe Lockhart tweeted that. And as we tweeted, like take a look at this. So in some ways, you can be kind of a curator of stuff. And I don't always feel the need, like I now have to retweet someone else's interesting thing and be more interesting on top of it. To justify why you're following my Twitter feed.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  8. No, no, no. What? My parents are going to listen to this show, and now they're going to follow my Instagram and monitor my stuff. Thanks. I don't use Instagram. Thanks, Karas. Is that since I started posting those?

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  9. Yeah, I think so. You know, I actually find something that I do a little more of now because I follow a lot of people. Don't tell me Instagram.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  10. To have the best hot take. And I know it sounds like somebody who's complaining about a sport, but they're fairly decent at. But every once in a while, you think, you know what? I just want to take a little step back.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  11. But you kind of get it wrong, and every once in a while there's a criticism or a discussion of something that's sort of complicated, whether it's about Bill Barr or it's about the Mueller report or it's about some case that I handled. And you kind of can't do it in 280 characters. No, you can't. And I'm lucky enough like you are. I get to talk about it on my podcast. I get an hour. I can say whatever the hell I want. I'm a senior legal analyst on CNN. And then I have this long book, you know, that barely mentions Trump. And there's no hot takes at all. It's all hot takes. Hot takes. I said I don't love all the hot takes. And it's like a competition.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  12. And in your area, like you know, law or politics or whatever the case may be, you kind of feel like an urge to say something about and say something clever and witty about it. I do that. I have a million followers, right? Yeah, currently I've been okay at it.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  13. But then the other reason, more substantive, I think, and what I was thinking about last night, something happens in the world. You know, someone makes a statement or there's a video that gets released, and once you become part of the Twitterati. Right, which of which you are a member.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  14. Will tack you then. Don't worry. You got to talk to interesting people. They all had good points. So there's one category of reason not to like Twitter, and that's toxicity in people who say terrible things. And if they don't like your beard, then they make you feel bad about yourself.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  15. For all of you, Karen does suck. I admit it. I think am I going to get in trouble for saying you're wonderful and terrific? No, go ahead. And an American treasure.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  16. Want What's very funny about that you mentioned? So last night. I sent a bunch of tweets where I was kind of down on the Twitter. I think I said like 11 o'clock last night, and I've been a little bit less on Twitter in the last few days. Although, yes, it goes up and down. Yeah, you know, and we talked about this a little bit. I don't know how you feel about it. You have a great Twitter feed. So, you know, I'm a little tired of Twitter.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  17. There's a whole bunch of news. And by the time Thursday comes out, all sorts of things happen. So this is an opportunity to have a big chunk of time on Thursday, a big chunk of time on Monday. Who knows? I mean, maybe we got to go 24-7. Yeah, absolutely. What do you think, Karen?

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  18. And it also seemed, it's not enough to do something one time a week. So I taped for the Thursday podcast. Stay tuned and we tape often on Tuesday. Sometimes I tape the top of the show on Wednesday at 11 a.m. By Wednesday at 6 p.m.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  19. I answer listeners' questions about the mother investigation and law and sort of other things than I do an interview and then I sort of close it out with something interesting that has touched me. On the cafe inside, or every Monday, it's just two people, me and Milgram, who's a former Attorney General from New Jersey And we just talk about all the crazy going on about tech and media. Yes, exactly. It's literally that. Yeah.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  20. It's a little bit of a problem, and you know, I like talking about things that I care about and I like talking in a fairly candid way. My brother has media company. We talk, you know, it seemed at the time an interesting thing to do a podcast. I now believe that there's a law that, you know, most of them, you must have a podcast. Everyone must have a podcast. Maybe even two podcasts. I have two. I got in before.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  21. That law firms prefer. Often they're people to keep their mouths shut. Yeah, you don't want it's a very difficult thing to be a partner law firm and if the mood strikes you to criticize the Attorney General or the Justice Department, that's not good practice. No, not good. Lawyers sometimes did that when I was not working for big newspapers.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  22. So, you know, I had opportunities, everyone who's had my job before, even those who decide to run for office eventually, including Woody Giuliani. By Morgan Thaw, who ran for governor after he had my job, they've all gone to private practice, and there's a lot of money in private practice. I was not so interested. I also, I think, had The opportunity to have some platform from which I could talk about things, I thought I'd write this book Doing Justice. And while I'm writing the book and while I'm thinking about what I want to do in a way that I don't have to keep my mouth shut,

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  23. I don't necessarily conclude that one thing leads to another because 45 other people were also asked to leave who were appointed by Obama a little bit prematurely, although it happens in the ordinary course over time. But it's hard to believe that those things are not connected

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  24. Courtesy meeting. This call, so I didn't return the call until I made clear that if I know what it's about and if it's with the Attorney General, the Attorney General wasn't involved in the call, maybe we could have the conversation. And 22 hours later, I was asked to resign.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  25. So he called, and I couldn't come up with a reason why it would be a good idea to call him back. It seems, ah, you know, a boss calls you? You think you call him back? But there were all sorts of issues swirling around with him. I thought it would look strange if it came out later that we'd had the side conversation. There was still swirling controversy that he stoked, Trump stoked about this meeting on the tarmac. With Loretta Lynch, when she was the Attorney General with the former president who would appoint her, and he claimed, well, that wasn't a courtesy meeting. There must have been talking about cases and enforcement matters. So no good can come of.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  26. Real lawyers do keep notes. I heard that I'm taking notes right now. I know. Actually, I'm not because I understand there's recording equipment. It's being documented for the future.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  27. 2016 and shook my hand in a meeting on that famous office on the 26th floor of Trump Tower. I agreed to stay because I understood the job to be an independent one and you don't give your loyalty to any particular person, even though I had not voted for Donald Trump and was not a supporter of Donald Trump. And then he called me a couple of times, which is very strange, and I've recited this on a number of other occasions. Why is he calling the local United States attorney who has jurisdiction over businesses, the foundation, all sorts of other things when their calls to investigate various things? And then he called me once.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  28. So I started making plans to take a fancy vacation, I guess, after 17 years in public service. And then Trump, long story, contacted Senator Schumer for whom I worked for a period of time, said Preet's great, asked me to meet with him for the purpose of asking me to stay on, which was a highly unusual on November 30th.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  29. By the people It had nothing to do with that. Nothing to do with that. Yeah, it was kind of a back and forth roller coaster. So when your president comes in, especially one of the other parties, everybody gets appointed. Yeah, you leave in an orderly way. That's what happened when Obama became the president, when Clinton, when Bush.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  30. SAC Capital. The SEC Capital. I'm sorry, I just remember by the people. But you were doing your job, and then President Trump gets elected, and you initially thought that. I know you didn't, but you initially thought you were staying and then you were not staying.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  31. And it was that email that was hacked, not the secure email in the agency. But people can let the bad guys in very easily

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  32. And it turns out one of the bad guys, one of the hacker types, eavesdropped on the conference call. You think, well, how could they do that? These are the most elite anti-cyber folks in the world. You know what it was? One agent in one country forwarded the call-in number to his personal email for convenience.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  33. Yeah. Who just goes for the responds to the phishing request. That's a weakling. There was a famous case where law enforcement was literally in multiple countries was trying to deal with the cyber threat issue. And they had a secure conference call.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  34. And it is also true that there's all sorts of technology that you can, you know, we're surrounded by all these Wall Street firms and financial institutions who spend millions, billions of dollars a year on firewalls to protect themselves. But you know what? All it takes is one stupid employee who has a bad password.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  35. Yeah, I mean, so some stuff is very complicated. You talk about tech and you break it down in a very good way that people can understand. But like anything else, sometimes the best improvements are simple things. I used to analogize to medicine. And it's amazing the technology we have, and you can get endoscopies, and people can put cameras inside your body. But one of the greatest advancements in all of medicine was when doctors realized they should wash their hands.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  36. And say we got to do something about this. Right, even the Mueller report, which sort of lays out the Russians' efforts at doing it using social media and other means. And I think people are still sort of okay.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  37. And a lot of people had to deal with the damage of identity theft and reestablishing their credit and all sorts of things. But it still didn't cause that much of a panic attack. On the part of the public, because they wouldn't necessarily all see a direct effect on their credit score or a direct effect on their bank account. Which I think is dangerous. I mean, lots of people have said this is not my phrase that the cyber threat is like ticking time bomb and that we are not there yet, but we could see a version of a cyber Pearl Harbor where then all of a sudden people will wake up and say we got to do something about this.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  38. Well, the interesting thing about cyber that everyone should be worried about, both because they hack things that affect our election, which everyone is focused on. On And then you have groups like Anonymous, you know, the hacktivists. But people's personal data is being stolen. What's weird about that is... We wouldn't go a month or two without hearing about a huge data breach, whether it's a shoe store or a reno retail market or whatever the case may be. And you would hear millions of people's data was now lost or swiped.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  39. Of our lawmakers, but please do. Why not? Lindsey Graham, in some ways, is both a Luddite and ahead of his time. Did anyone say like a Anyone say, like, I've never sent an email, which makes him seem like How on earth can you then be responsible for legislating these things, especially as the chairman of the judiciary committee? On the other hand, he's kind of ahead of his time because he doesn't have sort of scandalous email hacks he has to worry about. Maybe other scandalous things. But who knows? Who's to say? What's interesting when you focus on that, it's harder to get the public interest in that too, because you've got, you know, you did cases that got most attention where those mafia cases. Well, the interesting thing about

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  40. Have to understand technology. I think we started to get better at it, and the FBI and the Secret Service, who are the principal law enforcement agencies that deal with the cyber threat, got much better. They started hiring younger people who are a little bit more schooled than technology and tried to step ahead of the hackers. And you couldn't do that with sort of old school lawyers and FBI agents who didn't understand tech. I think it's taken. Some time, but I think now you have a lot of great experts who have been hired away from private industry and who have come up through the ranks and actually lived life as private citizens, knowing a lot more about how computers work. You don't see that when people testify in Congress, in the House, or in the Senate. You have various people, including, I don't mean to.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  41. Sorts of folks who are doing DDoS attacks against financial infrastructure. Were you equipped to do that, your office? How did you bring it up to CD? I think lots of folks have been behind. You know, the folks are the most behind, and I know you've talked about this, and you and I talked about it.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  42. You would never hear a cabinet secretary talk about cyber. You would never hear a president talk about cyber. And beginning, you know, sort of in the middle of the 2000s, and certainly when I got there in 2009, I think we increased tenfold our resources and commitment to cyber. The FBI did the same thing. The FBI used to have a lot of squads focused on Lucosa Nostra, classic Italian mafia, one for each family, as did the Southern District of New York. Yeah. They're still there and there's still a problem. And they still, as I used to say at news conferences, they still use baseball bats and extort people and terrorize other folks. But they're less of a threat than they were in the 80s and 90s. And what's a bigger threat is all the cyber, all the hacking, including from ideological groups who want to hack for other reasons and also nation states. You have the Sony hack, which I'm sure you've talked about, which was a big deal. And you also have hacks by Chinese nationals in a great case that was brought by the Pittsburgh US Attorney's Office. We did a case against five Iranian nationals who tried to affect our infrastructure.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  43. When you came to it, what was your thinking at the time should have been your profile? She did a lot of financial crimes. You did all kinds of things. Well, so you inherited the institution. The only person really changed. Is the person at the top. The attorney's office, and that's relevant to people thinking, well, what's going to happen with the Michael Cohen investigation? Nothing really changes. The political appointee at the top changes. So we were focusing on the things that were already in progress. I think there were a couple of areas that we emphasize more once I got there because the threat levels are different. One of those is cyber. People weren't really talking a lot about cyber in 2009.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  44. Required to make the best argument on behalf of their client, even if it's BS often, so long as it's a colorable argument, they make it zealously on behalf of their client, whether you represent a company like Facebook or you represent an individual who's guilty of a crime, and that's all good and well and noble because that's what's required. I prefer to be in a place where your client is not a company or an individual, but is the public and you're accountable not to any particular individual, not also to any political official like the president of the United States. Your loyalty is not due and owing to anyone who's named, who's elected to office, but rather to the Constitution and to the public. So the ideal is in a place like that, you're never supposed to make an argument that you don't believe, you're never supposed to pursue a case that you don't think is right and just. And so you decided to do this and rose to the top, rose to the very top. I'm going to move your career along very quickly. But there's many famous previous people in that job who have run that office.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  45. Law firms, what was the I think? Was it law firms? Because I thought at some point in law school that the best job you can have as a lawyer not only to practice your craft and learn how to do it. And also that would be a lot of fun and be interesting, but also be the best kind of public service to me was to be a prosecutor. And the best office that I had ever heard of for government services, a lawyer was the U.S. Attorney's Office for the Southern District of New York that has historic history, dates back to the founding of the Republic, has done all sorts of important cases in terrorism, public corruption, you name it, they cyber now, you name it, they do it. And I like the idea as a lawyer of being someone whose only job it is, as I say in the book, repeatedly, the mantra was we didn't always, you know, we're perfect, we weren't always perfect, but the mission was to do the right thing in the right way for the right reasons, and only that. And there's a reason why folks don't love lawyers, and in part, you know, lawyers make the best argument.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  46. Not very good times for the country. You're also. I would rather have a better country and less opportunity to speak. Absolutely, but you've done a lot of stuff. You're also an excellent tweeter. And if that weren't enough, you're the author of a recent book called Doing Justice, a Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law. Good to be here. That's a big title. Yes, it fit. It fit though. It did it? All right. Book's big enough that it fit. Yes. What would you else have called it? Oh, shit, or something like that. No cursing. No cursing. My publisher is old school. Kanop. Kanoph. Yeah. He's an old school publisher. Yeah. And they don't like expletives. All right. Okay. So let's have a tiny bit of your history. You had a job before all this, like a real job. Yeah, I had a few real jobs. Yes. Job, job type job. Right. Exactly. I graduated from law school. I worked at a firm. Then I became a federal prosecutor in the very now even more famous than it was before. Southern District of New York, SDNY, which is known everywhere now. Why did you do that? Why'd you go to a process? You obviously could have gone to...

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT

  47. Hi, I'm Kara Swisher, editor at large of Recode. You may know me as someone who hopes Tim Cook runs for president against Donald Trump. That way we can finally compare apples and oranges, but in my spare time I talk tech and you're listening to Reco Decode from the Vox Media Podcast Network. Today in the chair is someone I like very much, Preet Bahara, the former U.S. Attorney for the Southern District of New York. He was fired by President Trump in March of 2017 and since then has started a very popular podcast called Stay Tuned with Preet, according to his Wikipedia page. He's one of the people who inspired Paul Giamatti's character in Billions, which is my favorite show. And obviously you've been a big commentator about everything. It's been good times for Preet in terms of commentating.

    2019-05-15 · Decoder with Nilay Patel · Recode Decode: Preet Bharara · IDENTIFIED FROM THE TRANSCRIPT