#SistersInLaw Episode 216: Super Yacht Rock
Hosted by Joyce Vance, Barb McQuaid, Kimberly Atkins Stohr, and Jill Wine-Banks
Released on December 28, 2024

1. Holiday Reflections and Lighthearted Banter

The episode opens with the hosts exchanging holiday greetings and sharing personal anecdotes about their festive seasons. Joyce Vance mentions making latkes, highlighting her culinary experiments with shredded potatoes:

Joyce Vance [04:11]: "The secret to making good latkes is you have to get all the moisture out after you shred the potatoes. Yes, I did it in a salad spinner."

Kimberly Atkins Stohr adds to the conversation, expressing her holiday joy and plans to perfect sweet potato latkes next year:

Kimberly Atkins Stohr [03:30]: "This is not holiday swag, but it's been a really wonderful holiday season... next year I'm gonna have to figure out how to get to Chicago so that I can make you my sweet potato latkes, which are outstanding."

The hosts briefly delve into their culinary successes and failures, setting a warm and relatable tone before transitioning into more serious discussions.

2. Matt Gaetz Ethics Report

The primary focus of the episode centers on the release of the Matt Gaetz Report by the House Ethics Committee. Jill Wine-Banks introduces the topic, summarizing the report's findings:

Jill Wine-Banks [08:48]: "The bipartisan House Ethics Committee report... found substantial evidence that Matt Gaetz... violated Florida's statutory rape and engaged in a broader pattern of paying women for sex... and obstruction of the committee's investigation."

Key Findings:

• Sexual Misconduct: Gaetz allegedly engaged in sexual activities with women in exchange for money, including a statutory rape case involving a 17-year-old.

• Drug Use and Gift Acceptance: The report cites Gaetz's use of illegal drugs like cocaine and ecstasy, acceptance of improper gifts, and granting favors to non-constituents.

• Obstruction of Investigation: Gaetz is accused of hindering the committee's investigation by refusing to comply with subpoenas and providing misleading information.

Barb McQuaid elaborates on the report's findings, emphasizing the severity of Gaetz's actions despite the absence of criminal charges:

Barb McQuaid [09:35]: "The bad news is that Gaetz regularly paid women for engaging in sexual activity with him... he used or possessed illegal drugs... he knowingly and willfully sought to impede and obstruct the committee's investigation... he acted in a manner that discredits the House."

Discussion Points:

• House Rules Violated: Kimberly Atkins Stohr outlines specific House rules Gaetz is accused of violating, including improper use of his position and failure to disclose gifts:

  Kimberly Atkins Stohr [11:54]: "He violated the House gift rule by receiving impermissible gifts... he dispensed special privileges and favors to individuals with whom he had a personal relationship."

• Lack of Consequences: The hosts debate the effectiveness of the House Ethics Committee, noting that since Gaetz is no longer a member of the House, the committee lacks jurisdiction to impose meaningful penalties:

  Kimberly Atkins Stohr [11:54]: "So violating those rules is absolutely meaningless. It means nothing."

• Absence of Criminal Charges: Joyce Vance and Kimberly Atkins Stohr discuss why federal and state prosecutors might have declined to press charges, considering statutory limitations and evidence sufficiency:

  Joyce Vance [14:11]: "Federal prosecutors did not believe they had sufficient evidence to obtain and sustain a conviction... Maybe they think that Gates could have established that he could not have reasonably known that his victim was under 18."

3. Senate Judiciary Committee Report on Supreme Court Ethics

Transitioning to judicial ethics, the hosts dissect the Senate Judiciary Committee's report addressing ethical concerns within the Supreme Court, particularly focusing on Justice Clarence Thomas.

Key Issues Highlighted:

• Undisclosed Gifts: The report uncovers additional undisclosed trips taken by Justice Thomas, including private jet flights and yacht trips funded by Harlan Crow.

  Barb McQuaid [30:34]: "They include... a flight on a plane that had the Miami Dolphins logo etched on the tail... who’s flying around and jets with the Miami Dolphins logo on it?"

• Conflict of Interest: The hosts express concern over the substantial gifts received by Supreme Court justices despite their significant salaries, questioning the integrity of the judiciary.

• Non-Compliance with Subpoenas: Leonard Leo, a significant conservative legal activist, is highlighted for refusing to comply with subpoenas during the investigation, drawing parallels to previous high-profile non-compliance cases.

  Barb McQuaid [32:51]: "Leonard Leo... completely refused to comply with the subpoena... I'm old enough to remember when people were prosecuted for ignoring congressional subpoenas."

Proposed Solutions and Criticisms:

Jill Wine-Banks critiques the Senate Judiciary Committee's proposed solutions, deeming them inadequate:

Jill Wine-Banks [37:00]: "The Supreme Court Ethics Recusal and Transparency act... none of them is adequate."

The discussion underscores the entrenched challenges in enforcing ethical standards within the Supreme Court, highlighting the need for more robust and enforceable measures.

4. President Biden's Veto of the Judges Act

The episode delves into President Biden's decision to veto the Judges Act, a bipartisan bill aimed at addressing federal judiciary backlogs by adding 63 trial-level judges.

Bill Overview:

• Bipartisan Effort: The bill garnered support from both Democrats and Republicans, intending to stagger the appointment of new judges over a decade to prevent partisan dominance.

• Purpose: Addressing caseload backlogs in states like California and Texas by increasing the number of judges to ensure timely justice.

Reasons for Veto:

Jill Wine-Banks explains President Biden's rationale for vetoing the bill:

Jill Wine-Banks [44:48]: "He said that it was hastily done and that it would give an opportunity that he wasn't sure was really needed... the allocation wasn't clear."

Hosts' Perspectives:

• Joyce Vance: Argues that the veto is politically motivated, suggesting that the bill was a strategic move to shift the judiciary's balance:

  Joyce Vance [47:17]: "Republicans were happy to hold those seats open when Obama was in office... suddenly, after Trump wins, Republicans develop enthusiasm for passing this bill. It’s about politics."

• Kimberly Atkins Stohr: Disagrees with Vance, emphasizing the bill's non-partisan nature and its importance in ensuring a functional judiciary:

  Kimberly Atkins Stohr [50:04]: "This is an important piece of legislation on its own. It is something that should get bipartisan support."

The discussion highlights the complexities of judicial appointments and the political maneuvering that often hampers bipartisan efforts to reform the judiciary.

5. Listener Q&A

In the Q&A segment, the hosts tackle listener-submitted questions on diverse legal and political topics.

a. Elon Musk as Speaker of the House

A listener inquires about the implications if Elon Musk were to become Speaker of the House, specifically regarding the presidential line of succession.

Jill Wine-Banks [57:22]: "Elon Musk is not a natural born citizen, so he cannot become President of the United States. Even if he is the speaker and would be in the line of succession, it would have to skip him."

b. Civil Suits for Capitol Police Officers

A listener from Minnetonka, Minnesota, asks whether Capitol Police officers injured during the January 6th insurrection can sue their attackers for pain and suffering.

Barb McQuaid [59:45]: "They already are pending a number of civil lawsuits against Donald Trump for their injuries and property damage that was incurred on January 6th."

c. Legal Fees in Dismissed Civil Lawsuits

Toby from Steamboat Springs, Colorado, questions who bears the legal fees if a civil lawsuit is dismissed or withdrawn.

Kimberly Atkins Stohr [61:33]: "Generally speaking, under what is known as the American rule, each side is expected to pay their own legal fees. But there are times that either a court or the law itself provides for a shifting of legal fees."

The hosts provide clear and informative answers, drawing on their legal expertise to elucidate complex legal principles for their audience.

6. Closing Remarks

Joyce Vance wraps up the episode by encouraging listeners to submit questions for future shows and thanking sponsors. The hosts also engage in lighthearted banter about Minnetonka, Minnesota, and its cultural associations, maintaining the episode's personable and engaging tone.

Notable Quotes with Timestamps

• Joyce Vance [04:11]:
  "The secret to making good latkes is you have to get all the moisture out after you shred the potatoes. Yes, I did it in a salad spinner."

• Barb McQuaid [09:35]:
  "The bad news is that Gaetz regularly paid women for engaging in sexual activity with him... he used or possessed illegal drugs... he knowingly and willfully sought to impede and obstruct the committee's investigation... he acted in a manner that discredits the House."

• Jill Wine-Banks [08:48]:
  "The bipartisan House Ethics Committee report... found substantial evidence that Matt Gaetz... violated Florida's statutory rape and engaged in a broader pattern of paying women for sex... and obstruction of the committee's investigation."

• Kimberly Atkins Stohr [11:54]:
  "He violated the House gift rule by receiving impermissible gifts... he dispensed special privileges and favors to individuals with whom he had a personal relationship."

• Barb McQuaid [30:34]:
  "They include... a flight on a plane that had the Miami Dolphins logo etched on the tail... who’s flying around and jets with the Miami Dolphins logo on it?"

• Jill Wine-Banks [44:48]:
  "He said that it was hastily done and that it would give an opportunity that he wasn't sure was really needed... the allocation wasn't clear."

Conclusion

Episode 216 of #SistersInLaw offers an in-depth analysis of significant political and legal developments, including the Matt Gaetz Ethics Report, the Senate Judiciary Committee's findings on Supreme Court ethics, and President Biden's veto of the Judges Act. Through thoughtful discussion and expert insights, the hosts provide listeners with a comprehensive understanding of these complex issues, all while maintaining an engaging and personable atmosphere.