The Daily Beans: "Refried Beans | Advice Of Counsel"

Episode Date: October 27, 2023
Host: Alison Gill (AG)
Guest: Anna Bower (Lawfare)
Podcast Description: The Daily Beans is a women-owned, progressive news podcast, blending political news and social justice with a dose of snark.

Episode Overview

This edition of The Daily Beans is a "Refried Beans" episode, revisiting an episode from a year prior to reflect on political and social progress. The news-packed episode, hosted by Alison Gill, covers breaking developments on gun violence, congressional drama, labor unions, legal battles involving Trump, and major court rulings. The highlight is a detailed legal analysis segment with Anna Bower, focusing on the Fulton County RICO prosecutions and recent plea deals, followed by a "Good News" listener segment and a preview of the new MSW Media podcast, "Lawyers, Guns, and Money."

Key News Highlights & Analysis

1. Lewiston, Maine Mass Shooting

[00:00–08:30]

• 18 dead, 13 injured after shootings at two locations.
• Suspect: Robert Card, 40, remains at large as of recording.
• Response: Residents urged to shelter in place; schools and businesses closed.
• Gun Used: AR-15 style rifle found in a Subaru linked to Card.
• Congressman Jared Golden's Statement:

  “The time has now come for me to take responsibility for this failure, which is why I now call on the United States Congress to ban assault rifles…” — [07:35]

• Senator Susan Collins: Dodged questions about supporting an assault weapons ban.

2. Political & Legal Updates

[08:30–16:57]

• Georgia Voting Rights Ruling:
  • Judge orders redraw of congressional and legislative maps, finding Section 2 of the Voting Rights Act was violated (impacting Black voters' representation).
  • New deadlines set for new maps; could shift political representation.
  • Dem response: “Georgia Republicans attempt to hold on to power via voter suppression and racial gerrymandering will not stand.” — Rep. Nekima Williams [09:43]
• NRA Revenue Collapse:
  • Membership dues and revenue have plummeted; ongoing legal troubles drain resources.
  • Admin/legal expenses surged from 1% to 20% of spending; staff and programs slashed.
• HIV Funding Delayed:
  • GOP House delays over $1 billion for the PEPFAR HIV program due to abortion policy disputes.
• Ohio Voter Rolls:
  • Secretary of State quietly removes 26,000 voters; AG urges listeners in Ohio to check their registration.
• Medicare Fraud Charge:
  • Kennea Vallebosa, former HealthSun exec, charged for false diagnostic coding to boost Medicare Advantage payments.

3. Trump Legal Developments

[00:00–08:30]

• Jack Smith Response: Trump’s motion to stay D.C. gag order addressed by noting repeated violations, including witness intimidation (Mark Meadows).
• Advice of Counsel Defense: DOJ wants Trump to declare by Dec 18th if he’ll use this defense—DOJ argues it’s not a secret, as his attorneys have discussed it publicly.
• Upcoming Podcast: AG promises to discuss these legal maneuvers further with Andy McCabe (on "Jack" podcast).

Deep Dive: Anna Bower on the Fulton County RICO Prosecution

[16:57–33:12]

Focus: Recent Plea Deals, Strategy, and Status of Key Defendants

Guest: Anna Bower, Lawfare’s courts correspondent.

Key Discussion Points

• Prosecution Strategy:

  • Traditional RICO approach: indict broadly, secure plea deals from “smaller fish” and flip them against “bigger fish” (Trump, Giuliani, Eastman, Meadows).

  • Recent plea deals (Ken Chesebro, Sidney Powell, Jenna Ellis) are major wins for Fani Willis.

    • Chessbro & Powell: Procedural advantage—prosecutors avoid early trial and revealing strategy.
    • Jenna Ellis: May offer significant testimony against more senior defendants.

    "[In these prosecutions]…the biggest fish is kind of the lead person named on the indictment, and then it kind of goes down in degree. So here I think it's Trump is number one and then Giuliani's two, Eastman's three, Meadows is four. And so those are the four people that they're going to be the most focused on."
    — Anna Bower [18:26]

• Advice of Counsel Defense & Mark Meadows:

  • Limited use immunity for Meadows in D.C. does not provide blanket protection; the government must have independent evidence to charge him.

  • Discussion about how media leaks about Meadows’ immunity likely came from the defense, not DOJ, possibly as a strategic “trial balloon.”

    “Getting limited use immunity does not necessarily mean that you’re kind of getting off scot-free and that you’re not in any danger of criminal exposure.”
    — Anna Bower [22:25]

• Motions and the McAfee Court:

  • Judge McAfee to hold a motions hearing Dec 1; many of Trump’s adopted motions have already been denied for Chesebro and Powell, likely quick resolutions.

  • Key unresolved question: When will McAfee set the Trump-related RICO trial? Scheduling is complicated by overlapping federal and civil case calendars.

    "Judge McAfee ... seems like he can be like, 'look, I already dismissed this for these exact reasons, I'm dismissing these.' He also seems like the kind of fellow who would sue sponte, just pick a trial date."
    — Alison Gill [29:15]

    “Judge McAfee has been a really good judge. He's been a very fair judge, in my view, in terms of, you know, really giving everyone on the defense an opportunity to be heard…even when arguments are borderline frivolous.”
    — Anna Bower [31:37]

Memorable Quotes

• “I think getting that speedy trial off the books and precluding the rest of the defendants from seeing her prosecution strategy may have been a consideration in those plea deals as well.”
  — Alison Gill [20:22]

• "I will be very interested to see what happens with Mr. Mark Meadows."
  — Anna Bower [25:01]

Notable Moments

• Anna Bower flips the script to ask AG her thoughts about why the Meadows story was leaked [22:33], leading to a reflective exchange on legal media strategy.
• Both agree no one expects the Georgia RICO trial to occur before the 2024 election, mostly due to scheduling congestion from Trump’s other trials.

Listener Good News Segment

[33:25–42:08]

• Shout-outs include a new school superintendent, Seattle’s first all-electric Uber driver-activist, a new LGBTQ+ community center, and a cooking YouTuber celebrating 3,000 subscribers.
• Regular features: pet photos, local activism, and community events—uplifting end to the week’s heavy news.

New Podcast Preview: Lawyers, Guns, & Money

[42:08–47:27]

• Five-minute teaser of the new MSW Media documentary series, narrated by Jon Cryer, featuring Jack Bryan and John Mattis.
• Sets up the story of Miami in the 1980s—guns, drugs, crime, and their intersection with government scandals.

Timestamps for Key Segments

• Lewiston Shooting Coverage: 00:00–08:30
• Georgia Redistricting / NRA / PEPFAR / Ohio & Medicare Fraud: 08:30–16:57
• Anna Bower Interview: 16:57–33:12
• Listener Good News: 33:25–42:08
• Lawyers, Guns & Money Preview: 42:08–47:27

Episode Tone & Style

Alison Gill’s signature blend of snark, clarity, and directness keeps the episode engaging and approachable even when grappling with grim events and complex legal matters. Anna Bower contributes calm, detailed legal analysis. Listener submissions add warmth and hope, contrasting with the show’s incisive take on the week’s biggest stories.

Overall Takeaway

This episode is a time capsule of a tumultuous news week: gun violence, political reckoning, shifting legal landscapes, and the evolving prosecutions surrounding Trump. The legal deep-dive segment with Anna Bower stands out for its clarity on RICO prosecutions and procedural maneuvering in high-stakes cases, offering both context and insight for listeners keen to understand how these cases may unfold.

Memorable Quote:

"Vote blue over Q, check your voter roll in Ohio, make sure you're still registered, and bring everyone with you."
— Alison Gill [at show close]