Transcript
Alison Gill (0:00)
MSW Media. Hey, everybody, it's Ag. And welcome to Refried Beans, where we play an episode of the Daily Beans podcast from the same week either one, two or three years ago so we can see how far we've come. So please enjoy this episode from days gone by and note the date in the intro. Refried beans. I like refried beans. That's why I want to try fried beans, because maybe they're just as good and we're wasting time with swearing. Daily Beans. Daily Beans. Daily Beans. Daily Beans. Hello and welcome to the Daily beans for Monday, May 2, 2022. Today, a new York judge denied Donald's request to end his $10,000 a day contempt fine. New Hannity texts to Meadows are leaked. The Justice Department has officially challenged Alabama's law criminalizing transgender health care for minors. Trump allies illegally breached voting systems in eight states. And Eastman will hand over another 10,000 pages of evidence to the 16 committee. I'm your host, Alison Gill. Hi, everyone. I was misinformed. I'm so sorry. Dana will be back with us in a couple of days. I'll be manning the helm, I guess, so to speak. Until then. And later in the show, I will be talking extensively with Hugo Lowell of the Guard about the committee's upcoming hearings beginning on June 9th. So look forward to that interview. We do have a lot of news from over the weekend to get to, so let's hit the hot notes. Hot notes, all right, from our friend Adam Klassfeld at Law and Crime. Former President Trump failed to shake off a contempt order fining him $10,000 a day for flouting New York Attorney General Letitia James Subpoena. The Manhattan judge presiding over the case found Trump's affirmation of compliance insufficient. This court, quote, finds that Mr. Trump has not yet purged his contempt. That's Manhattan Supreme Court Justice Arthur Engeron in a two page order filed on Friday. The affirmations submitted by counsel for Mr. Trump are insufficient in that they fail to specify who searched for each respective request, at what time, where, and using what search protocols. It is not sufficient simply to attach a list of people who participated in the searches. Moreover, the affirmations submitted by counsel also fail to affirm that the subject electronic devices were imaged and searched and with what search terms. Now, since the judge issued his written order On Tuesday, the $10,000 per day penalty has been lapsing and Trump tried to cure it on Wednesday by submitting two affirmations, one by the former president and another from his lawyer. On Friday, the attorney general's office was not satisfied and opposed lifting the contempt order, and Judge Engoron held a virtual hearing on the matter earlier on Friday and reached the same conclusion, formalizing his findings in a written ruling. Quote Furthermore, Mr. Trump's personal affidavit is completely devoid of any useful detail, he wrote. Notably, it fails to state where he kept his files, how his files were stored in the regular course of business, who had access to such files, what, if any, the retention policy was for such files, and importantly, where he believes such files are currently located. It similarly fails to state if he turned over his personal electronic devices for imaging and searching. Engoron ordered the submission of a so called Jackson affidavit swearing to those details. The precedent for such an order came from a case captioned Jackson v. City of New York, a 1992 state appellate ruling mandating such a detailed affidavit. Donald now owes $40,000 and counting. Also, former White House Chief of staff Mark Meadows and Fox's Sean Hannity exchanged more than 80 text messages, 82 to be ex Election Day and Inauguration Day communications that show Hannity's evolution from staunch supporter of Trump's election lies to being fed up with the lunatics hurting Trump's cause in the days before January 6th. The texts also show the two men debating Trump's strategy to challenge the election, complaining about Fox and plotting about what to do after Trump left office, including possibly working together. Quote, you also need to spend at least half your time doing business with us. That's what Hannity texted to Meadows on December 12th. And I'm serious, he said, did you ever talk to Fox? I've been at war with them. And then Meadows replies, I agree. We can make a powerful team. I did not talk with Fox News CEO Suzanne Scott because I got tied up with pardons. But I will make sure to connect. You are a true patriot and I'm so very proud of you. Your friendship means a great deal to me. And then Hannity replied, feeling is mutual. While Hannity did not respond to CNN's invitation to comment on his text exchanges with Meadows, he appears to address the matter Friday night on his Fox show on Fox News. Quote, I'm on the Fox News Channel, which is a news channel, but I don't claim to be a journalist. I claim to be a talk show host. But I can produce thousands of hours of straight news, thousands of hours of investigative reporting. I'm upfront about who I am. I am registered a conservative. Yes, I voted for Donald Trump. I make no apologies. I give My opinion? Straightforward, unquote. Meadows and his lawyer did not respond to cnn, but according to Friday night court filing, Meadows maintains that his texts, quote, are devoid of any evidence that Mr. Meadows had any knowledge of, let alone any role whatsoever in the untoward events at the Capitol. The filing also states that the Jan. 6 committee has used the texts Meadows has already handed over, quote, to vilify him publicly through the media. Ah, yes, we used your own words to vilify you. Mm. Now, next up from Reuters, and this is disturbing, investigative reporters Alexandra Ulmer and Nathan Lane write that the 18 months after Trump lost the White House at 18 months later, loyal supporters continue to falsely assert that compromised balloting machines across America robbed him of the 2020 election. To stand up that bogus claim, some Trump diehards are taking the law into their own hands by attempting, with some success to compromise the voting systems themselves. Previously unreported surveillance video captured one such effort in August in the rural Colorado town of Kiowa. Footage obtained by Reuters through a public records request shows Elbert County Clerk Dallas Schroeder, the county's top election official, fiddling with cables and typing on his phone as he copied computer drives containing sensitive voting information. Schroeder, a Republican, later testified he was receiving instructions on how to copy the system's data from a retired Air Force colonel and political activists bent on proving Trump lost because of fraud. That day, August 26th, Schroeder made, quote, a forensic image of everything on the election server. That's according to his own testimony, and later gave the cloned hard drives to two lawyers. Schroeder is now under investigation for possible violation of election laws by the Colorado secretary of State, which has also sued him seeking the return of the data. Schroeder is defying that state demand and has refused to identify one of the lawyers who took possession of the hard drives. The other is a private attorney who works with an activist backed by pillow man Mike Lindell. Now the episode this one is among eight known attempts to gain unauthorized access to voting systems in five US States since the election. All involved local Republican office holders or party activists who have advanced Trump's stolen election falsehoods, the big lie and conspiracy theories about rigged voting machines. The incidents include a North Carolina case first opened last week by Reuters, in which a local Republican Party leader threatened to get a top county election official fired or have her pay cut if she didn't give him unauthorized access to voting equipment. In southern Michigan, a pro Trump clerk who has expressed support for the QAnon conspiracy theory on social media defied state orders to perform maintenance on a voting machine on the unfounded belief that doing so could erase proof of alleged fraud. In another Michigan case, a Republican activist impersonated an official from a made up government agency in a plot to seize voting equipment. Some of the people and groups involved in the vigilante election investigator movement are drawing financial support from Lindell, of course, the pillow man, and he's one of the most visible backers of Trump's false fraud claims. The incidents examined by Reuters all took place in states that have been competitive in recent elections. Two occurred in Colorado, three in Michigan, and one each in Ohio, Pennsylvania and North Carolina. At least five of the cases are under investigation by local or federal law enforcement, with three arrests and one conviction, according to state and local officials. Four of the breaches forced election officials to decertify or replace voting equipment that was no longer secure and the Justice Department filed a lawsuit Friday challenging a new Alabama law that criminalizes medical care, certain medical care for transgender children, marking the first time the agency has sued a state over restrictions on gender affirming care. The complaint, filed in U.S. district Court in Alabama, asks the court to block the law from taking effect, arguing it violates the 14th Amendment's equal protection clause by discriminating on the basis of sex and transgender status. The Alabama law, quote, would force parents of transgender minors, medical professionals and others to choose between foregoing medically necessary procedures and treatments or facing criminal prosecution, unquote. Governor K. Ivey, a Republican, signed the GOP backed bill into law this month making it a felony for parents and medical professionals to engage in or cause gender affirming medical care to minors in the state, including puberty blockers, hormones and surgery. In a statement, Ivey said she signed the bill because she believes that, quote, if the good Lord made you a boy, you are a boy. If he made you a girl, you were a girl. Quote, we should especially protect our children from these radical life altering drugs and surgeries when they are at such vulnerable stages in life. That was K. Ivy. She also enacted a bill that would prohibit transgender students from using school facilities divided by sex that align with their gender identities now. Up next, attorney John Eastman, key architect of the former guy's legal effort to overturn the 2020 election. Key architect of the couple is preparing to provide another 10,000 pages of records to the January 6th select committee. That's according to his attorney, revealing that to the courts on Friday. It's the latest breakthrough for congressional investigators in their ongoing fight to obtain details of Trump's last ditch plans to overturn his election loss. Eastman had claimed attorney client privilege over 37,000 pages of post election emails related to his work for Trump. But under pressure from U.S. district Court Judge David Carter, who ruled in March that Eastman and Trump more likely than not committed crimes, Eastman withdrew privilege claims for nearly a third of it. In Friday's court filing, Eastman's lawyers indicated the Select Committee now wants more time to consider how to handle the remaining 27,000 pages of records that remain in dispute. Carter has asked Eastman to produce a log of all the emails that remain contested, but Eastman is now asking Carter for a brief reprieve while the Select Committee reviews the new documents and determines how to proceed. The committee's legal fight to obtain Eastman's records, all originally housed by his former employer Chapman University, by the way, has been a top priority for the panel, which is fending off dozens of lawsuits from witnesses to Trump's conduct in the aftermath of the election. Because they're innocent, right? The panel has used the Eastman lawsuit, as well as litigation against former Trump chief of staff Mark Meadows, to reveal broad swaths of the evidence that it has obtained showing Trump ignored overwhelming legal advice that he had been defeated. Their evidence also shows that Trump sat by on January 6 as the mob of his supporters ransacked, attacked the Capitol, that by force, trying to stop the peaceful transfer of power. We just waited hours and continued to press allies to block now President Joe Biden's victory even as he watched the violence unfold on television. Earlier this year, the committee subpoenaed Chapman University for all of the emails sent between November 3rd and January 20th, and that's accounting for 90,000 pages. As we know, Eastman sued the committee and Chapman in January to prevent the school from sharing his emails. Carter then ordered Eastman to review all of them and identify those he considered privileged. In March, Carter issued a blockbuster ruling declaring Trump and Eastman more likely than not committed a criminal conspiracy to obstruct the transition of power from Trump to Biden. And he ordered Eastman to produce a key subset of emails to the Select Committee totaling a few hundred pages. As we know, 101 emails went that way. But the remaining dispute over emails is much broader and could take weeks to resolve. Eastman is now asking Carter to permit him to demand more information from the Select Committee and from Chapman before making a ruling on the remaining 27,000 pages. He argues that Carter's earlier ruling failed to account for evidence that many of Trump's aides had convinced him the election fraud took place and that Trump genuinely believed it. He cited testimony from former acting Attorney General Jeff Rosen referencing that some of Trump's advisors had pushed claims of election fraud even as the Justice Department had swatted them down. Eastman is asking Carter for at least two weeks to prepare legal arguments to maintain his claim of attorney client privilege, with another several weeks for he and the Select Committee to submit subsequent legal briefs. That timeline could push the resolution of the fight into June or July. And with the news that the committee hearings will begin in June, June 9, will there be enough time to get the rest of what they need from the likes of Eastman or Meadows and potential testimony for members of Congress? They're going to resend those letters. I'll discuss that and other committee news with Hugo Lowell right after this break. Stay with us after these messages. We'll be right back, everybody. Welcome back. Today we are joined by Hugo Lowell from the Guardian, who was at the correspondence dinner last night. I missed it. But you went, how was it, Hugo?
