
Wednesday, October 5th, 2022 In the Hot Notes: Donald files a motion with the Supreme Court to vacate the stay issued by the 11th circuit; pro-life Herschel Walker paid for a woman to get an abortion in 2009; Ron Johnson admits texting a Trump attorney during 1/6; a new recording played at the Oath Keepers seditious conspiracy trial outlines planning to overthrow the government; and Trump lawyer refused to certify to NARA that Donald had returned all the presidential records he stole; plus Allison and Dana deliver your Good News.
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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.
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Refried beans.
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I like refried beans.
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That's why I want to try fried.
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Beans, because maybe they're just as good.
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And we're wasting time.
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With swearing. Daily Beans.
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Daily Beans.
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Daily Beans.
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Daily Beans.
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Hello and welcome to the Daily beans for Wednesday, October 5, 2022. Today, Donald has filed a motion with the Supreme Court to vacate the stay issued by the 11th Circuit in the Mar A Lago case. President Pro Life Herschel Walker paid for a woman to get an abortion in 2009. Ron Johnson admits to texting a Trump attorney during January 6th. A new recording played at the Oath Keeper's seditious conspiracy trial outlines planning to overthrow the government. And a Trump lawyer refused to certify to the National Archives that Donald had returned all the presidential records he stole. I'm Allison Gill.
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And I'm Dana Goldberg.
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Hello, Dana. Happy Wednesday.
C
You too. I feel like we have a whole episode of, like, Schadenfreude. Like, I feel like there's so much in. It's awesome.
A
It's a lot. Yeah, there's a lot of news today and a lot of it is good and interesting. And schadenfreude. Also out today is an episode of cleanup on aisle 45. It's me and Pete Strzok because Andrew is on vacation in Italy. Must be nice.
C
It must be.
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Yeah. We discussed some of the DOJ filings there. I'll be talking later in this show with Malcolm Kenyatta. And tomorrow we have Mike Fanone. And Friday we have the author of Altgov, Amanda Sturgel. And on Monday, I have nearly an hour long interview with Michael Cohen about his forthcoming book. Patrons will get unedited video of the Cohen and Fanon interviews. And I'll be having a meetup in Cleveland Saturday for cocktails and mocktails with patrons. You can become a patron. Yeah, I love Cleveland. It's such a cool town. I was born near there. You can become a patron@patreon.com thedailybeans and you'll get all that bonus content and Access. It's just 36 bucks a year. And holy shit, the Herschel Walker drama.
C
I'm just so glad one of these actually came to light because, you know, there's Lots more of them.
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Yeah. And basically what happened is the Daily Beast reported he paid for an abortion in September of 2009. And the reporter Sullenberger has receipts like the check, the canceled check for $700 that Herschel Walker sent this woman. They corroborated the story with other people that know the woman. They have the bank deposit sheets and they have a card, a get well card he sent her and signed, and it's.
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Oh, my goodness, signature.
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Now, he denies it all, but his son, Christian Walker, you know, the outspoken, uncancelled, you know, trying to be a online celebrity son of his, may or.
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May not be family. I'm not saying postulating on it, went.
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On a tirade after this news came out. You know, telling, saying his dad lied and held a gun to his mom's head and he's a piece of shit. And he's out there trying to say, you know, Christian family values when he had four kids by four women. And, you know, all this stuff. And he's like, I'm tired of the hypocrisy. I'm tired of people coming after me and my mom. He went off. I mean, I don't, I don't like the kid. I don't think he's a hero or anything. But like, you know, sometimes, sometimes people have those authentic, like, aha. Moments of clarity.
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There's a breaking point for everyone. There's a breaking point. There's too much for everyone.
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Yeah. And I do hope, you know, regardless of how I did many things I disagree with him about that he breaks that cycle of abuse, but he's going off. So it's very interesting and I don't think it's gonna really impact the base of people who were gonna vote for this guy anyway, if nothing else did, you know, up to this point. But we'll see. We'll see how it pans out. All right, we do have a lot of news to get to. Let's hit the hot notes. Hot notes, all right. From the Washington Post. Former President Donald Trump's lawyers asked the Supreme Court on Tuesday to intervene in the Mar A Lago documents seizure case, saying the Special Master appointed in the matter should be allowed to review the classified documents. The filing came after the unanimous three judge panel of the US Court of Appeals for the 11th Circuit granted the DOJ's request to keep those 100 classified documents separate from. From a review of documents being conducted by the special master. The department has launched a high stakes investigation to determine if the former president or his advisors mishandled national security secrets or hid or destroyed government records. And you know, I have to say, you know, there's some interesting stuff in a court filing that was unsealed about they found like call logs. I think we talked about this yesterday for a minute.
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Yeah, we did.
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I really honestly think that he stole that shit and hid it at Mar a Lago so that the National Archives couldn't give it over to the Department of justice or the January 6th committee. I think it's weird, but I'm going to read a thread by con law expert and law professor Steve Vladek about this motion that was filed today by the Trump lawyers Halligan, Trustee Corcoran and Kaise. And I want to make it clear that this is an emergency request to vacate the stay, and they waited two weeks to file it. So it doesn't seem that sort of defeats the argument that the failure to provide relief would irreparably harm Donald or that's urgent in any way. But check out what Steve Vladic says he says. Having fully digested Trump's emergency application to scotus, here's a quick thread on what he's really asking for, why it's not entirely laughable, and why I nevertheless think it's both 1 doomed to fail and 2 unlikely to accomplish much even if it succeeds. In short, Trump is asking the Supreme Court to vacate part of the 11th Circuit stay in the Mar A Lago case. In essence, he's arguing that the 100 or so classified documents at issue should be part of the pile before Judge Deary and that under the 11th Circuit stay, they're not critically, he is not arguing that the 11th Circuit was wrong to stay that part of Cannon's order that enjoined the Department of Justice from using those documents. So the relief he's seeking would not stop DOJ from continuing to do whatever it's doing. It would just also add to the Deary mess. That's it. So to get there, the brief tries to thread a very fine needle, steve Vladek says, arguing that although the injunction was properly before the 11th Circuit, the rest of the order was not. So Deary should not be affected. This gets into the messy doctrine of pendant appellate jurisdiction. Short course on pendant jurisdiction for you. At pre final interlocutory stages of litigation, appeals are generally disfavored, limited to specific issues rather than a whole case. The question is whether the rest of Cannon's order is intertwined with the injunction or not. Personally, I think DOJ has a very good argument that these issues are pendant and so the 11th Circuit had the ability to do everything that it did in staying Judge Cannon's order. If that's correct, then Trump's argument for emergency relief fails on the quote unquote merits. But he says emergency relief is supposed to be about more than the merits. To vacate a lower court stay, Trump also has to show the stay is causing him irreparable harm, harm that justifies the Supreme Court's emergency intervention rather than waiting for a later plenary appeal. And this is what's most conspicuously absent from Trump's application, any argument about how the stay by itself is harming Trump in a way that can't be ameliorated later. Without meeting that criteria, Trump can't make out the procedural case for the relief he's seeking. To be sure, SCOTUS in recent years hasn't always been consistent in its analysis of irreparable harm in ruling on emergency applications. But here it provides an easy and obvious off ramp to dodge what is a non frivolous dispute over pendant jurisdiction. So my best guess, he says, is that the court will deny the application, although some justices may write separately. And two last points on what to take away from this filing. First, what Trump is asking for is very modest. Even if he wins, it will not stop the Department of Justice from doing anything. Second, this is what good lawyers who are stuck to do to appease bad clients. The jurisdictional argument is narrow, technical, and non frivolous. It's a way of filing something to the Supreme Court without going all the way to crazy town or acting unethically. That point reinforces the big takeaway. This is a very specific and narrow request by Trump, the merits of which turn on a technical jurisdictional question, but which runs into fatal procedural obstacles long before that. It's not laughable, but only because it's small. And then he writes a coda. He says, yes, this filing does go to Justice Thomas because he is the circuit justice over the 11th Circuit. But for as cynical as I know many people have become, I don't see a universe in which he grants it by himself rather than allowing the full court to resolve it. And even if he does, the full court can overrule him.
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I would also think, and I know, I'm sure, that I'm going to be wrong, and people are laughing. There's so much of a spotlight on him right now because of Ginny. I would be shocked if he stepped out again and did something that looked like it was very politically driven.
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Yeah, and a lot of people A lot of the experts and pundits on TV are saying, look, this gives the chance, you know, for SCOTUS to try to look legitimate for a minute in the face of all the bullshit they're doing. And Dana, this just in, by the way, Justice Thomas has replied. He has given the Department of Justice until next week to respond Tuesday. That's a whole week. And that says to me, and it says to other experts that he doesn't consider this an emergency either.
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He's like, it's an emergency. I'll give you seven days. Okay. All right, next story. Federal prosecutors played audio recording. We've talked about this, and it seems to get funnier to me. Audio recording in the court on Tuesday of an alleged November 2020 Oath Keepers planning meeting that discussed plans to bring weapons to Washington, D.C. and prepare to fight on behalf of the former president. The meeting lasted about two hours, was secretly recorded by an attendee, FBI agent Michael Palin. Yeah. Told jurors during the second day of the trial, a far right militia Oath Keepers leader on seditious conspiracy charges, the attendee, Palin said, sent a tip to the FBI later that month that was not contacted by agents. Huh. They then resubmitted the tip. He was like, hey, hello. Hello. I have something illegal. Hello. On March 2021, was interviewed with agents and gave them the recording. The recording, which is primarily of Oath Keepers leader Stuart Rhodes. Man, he doesn't really get this, does he? Is the first major piece of evidence that prosecutors have used to establish a plan by the far right group to allegedly descend on Washington and oppose the transfer of power. And this is a quote, we're not getting out of this without a fight. There's going to be a fight. That's Rhodes on recording that was played in court. And he went on to say, but let's just do it smart and let's do it while President Trump is still commander in chief. Well, Rhodes repeatedly said that people should put pressure on Trump to invoke the Insurrection act and that Oath Keepers would be, quote, awaiting the president's orders. And we already told you what would happen if they invoked that. If Trump invoked that they were ready to go armed. And this is another quote. If the fight comes, let the fight come. Let Antifa go. If they go kinetic on us, then we'll go kinetic back on them. I'm willing to sacrifice myself for that. Again, this is Rhodes, who went on to say, if things go kinetic, good. If they blow bombs up and shoot us, great, because that brings the president reason and rationale to invoke the Insurrection Act. He continued to say, so our mission is going to be to go into D.C. but I do want some Oath Keepers to stay on the outside and to stay fully armed and prepared to go in if they have to. So if this shit kicks off, then you. Rock and roll. Two other defendants. Yeah, two other defendants. Two other defendants, Jessica Watkins and Kelly Meggs, are also on the recording discussing what weapons are legal to bring into the District. Yeah, this is also a recording. Pepper spray is legal, Tasers are legal, and stun guns are legal. And it doesn't hurt to have a lead pipe with a flag on it. This is Meg's. CNN National Security analyst Carrie Cordero said Congress should look at how the FBI handled the initial tip about the Oath Keeper's tape. I agree that the Oath Keepers recording went uninvestigated by the FBI until after January 6th is, quote, an additional piece of information that congressional investigators in particular on the January 6 committee and the other Homeland Security Committee should be looking at to determine whether or not FBI and other law enforcement organizations were doing enough on the prevention side. Side note, they were not.
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Yeah, no shit, right? Like, what the fuck, Chris Ray. They went to him before January 6th with this recording about them wanting to attack the Capitol and commit seditious conspiracy. And the FBI never reached out. And it wasn't until after the insurrection that the FBI's like, oh, maybe we should have a listen. All right. Up next is a story we briefly touched on yesterday. At the end of the show, former President Trump asked one of his lawyers to tell the national archives in early 2022, earlier this year that Trump had returned all the materials requested by the agency. But that lawyer declined because he was not sure that statement was true. As it turns out, thousands more government documents, including some highly classified secrets, remained at Trump's house in Florida. The later discovery of those documents through a May grand jury subpoena and the August 8th FBI search on the Florida property are at the heart of the criminal investigation of classified materials and the possible hiding, tampering, or destruction of government records. Again, concealment, 2071. I think he's hiding those fucking January 6th call records. I swear to God. Alex Cannon is the attorney. We've seen him, you know, be deposed on video in the January 6 hearings. An attorney for Trump, he had facilitated the January transfer of the 15 boxes from Mar a Lago to the National Archives after officials agitated for more than a year to get all original presidential records back, which they are required by law to do. Following months of stonewalling by Trump's representatives, archives officials threatened to get the Justice Department or Congress involved. Trump himself eventually packed those boxes himself that were returned in January, according to people familiar with the matter. That is a huge point of evidence. He packed those boxes himself and also.
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The only manual labor he did while he was in the White House for four fucking years. Lifting some documents outside of a golf club.
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Yeah. Now, the former president seemed determined in February to declare all the materials sought by the archives had been handed over a month after the 15 boxes were recovered. And that's according to the people who, like others interviewed, spoke on the condition of anonymity. Around the same time, Washington Post reported the archives had retrieved documents from Mar? A Lago. Trump asked his team to release a statement that he had written. Well, dictated. He doesn't write. The statement said Trump had returned everything the archives had requested. Trump asked Cannon, this lawyer, to send a similar message to the archives officials. In addition, Trump told his aides that the documents in the boxes were newspaper clippings and not relevant to the Archives, according to two people, and complained that the National Archives charged with tracking government records was being persnickety. Persnickety about securing the materials from his Florida club. But Cannon, the lawyer, former Trump. Org lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the Archives all the requested material had been returned. I can't do it. He told others he was not sure if other documents were still at the club and he'd be uncomfortable making such a claim. That's according to people familiar. Other Trump advisors also told Cannon, don't make such a definitive statement to the Archives. That's according to people familiar with those discussions. The February 7 statement Trump dictated, the one that he, you know, wanted to go out, it was never released over concerns by some of his team that it was not accurate.
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Oh, my God, I love that. Finally, people are like, oh, maybe this one doesn't go public.
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Yep. A different statement issued three days later said Trump had given boxes and materials to the Archives in a friendly manner. It did not say that all the materials were handed over. They know, because it was. He was fucking lying. That's obstruction. On February 8, according to people familiar with the matter, Archives lawyer Gary Stern told colleagues that the National Archives had spoken with Cannon and that Cannon said he didn't know if there were more relevant documents in Trump's possession. Stern had been asking the Trump team to attest that all relevant documents had been returned and privately feared they had Not. No one believed this, and no one on Trump's side was willing to tell the archives that everything had been handed over, and nobody at the archives would have believed it anyway. Months earlier, in late 2021, when the Archives was seeking the return of specific documents, Cannon, the lawyer, told the archives lawyer, Stern, that there could be more documents in Trump's possession that he was transmitting to the agency, but he did not know one way or the other. Cannon also told Stern he was not sure whether all the documents, where they were located or what the documents were. Now, according to an account given to Stern's colleagues, Stern also asked Trump lawyer Pat Philbin whether that was. That's the deputy to Patsy Baloney, whether there were more documents. And Philbin declined through a spokesperson to comment for the article. Wise. A separate issue of concern to Cannon and others was whether any of the material in the return boxes might be classified. That was a concern. Cannon didn't have a security clearance and had not reviewed the boxes himself. He had told other aides not to review the boxes either, saying doing so could get them in trouble.
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Oh, geez.
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He knew there was fucking classified shit in there, or at least there was a high, high chance there was. And what this sounds like to me is perhaps a lawyer or lawyers for Cannon are the source for this story. Cannon's a lawyer, but I think Cannon's lawyers are the source for this story. It's very common that once someone testifies to a federal grand jury, their lawyers like to go to the press to get their story out before it's tainted by the person they testified against in this case, Donald Trump. And that's what I think happened here, but we don't know for sure. I'm just guessing.
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I like your beans, though. They're usually right. And the last story, Senator Russian Ron Johnson, on Tuesday acknowledged he exchanged text messages with one of Donald Trump's attorneys before and after Johnson's staff attempted to deliver that package to then Vice President Mike Pence on January 6th.
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Oh, so it was more than just two seconds that he participated in the call.
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Oh, yeah, just a little bit. He added that the House committee investigating the January 6 attack smeared him because it didn't publicize all the text messages between his and Pence's aides. Johnson, in response, you know, they only. They only publicized the illegal ones, the guilty ones. Johnson, in response to questions from NBC News, said the entire episode lasted about an hour. Oh, I thought it was just two texts. Okay. In reference to his ties to a fake elector scheme. He said he Knew nothing about. He also said he didn't know the contents of the package. He said the attorney wanted to be delivered.
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Oh, yeah, I know.
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This is Johnson. You can't even call it participation. I wrote a couple texts.
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Yeah, and, and, and what? They. I'm sure they misrepresented his texts. You know, like, they left out the one that said, ps, I was only kidding.
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Sure, sure, sure. Yeah, yeah, sure, sure, sure. Johnson had previously distanced himself from the local TV station in August. My involvement in that attempt to deliver spanned the course of a couple seconds.
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There it is. The couple seconds is now like an hour.
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Yep. Whoopsie. Johnson made the comments following a talk before the Rotary Club of Milwaukee, where Johnson was asked several questions about the 2020 election and the January 6th attack on the Capitol. Johnson's locked in a tight reelection fight with the state's Democratic Lieutenant Governor, Mandela Barnes. Johnson defended previous remarks he made about that attack being mostly peaceful. He's only mostly dead. Saying that he said the same of Black Lives matter protests in 2020. Oh, it's the same thing.
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Black Lives Matter.
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Totally the same thing. Johnson said in each case, he condemned violence. If they grew out of those protests. Yeah, this is a quote to call what happened on January 6th an armed insurrection. I just think it's inaccurate. He said. I'm sorry, that's not what an armed insurrection looks like. Really? It doesn't. Because you might want to listen to the Stuart Rhodes case.
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Yeah. How many has he been in? How many has he only kind of helped with? Like, does he do a lot?
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Of all the armed insurrections in my days, this.
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This was nothing compared to my armed insurrection.
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Get off my lawn. Johnson argued few weapons were confiscated, but protesters, quote, did teach us how you can use a flag pole, fucker. On the elector scheme. Johnson said he communicated with Jim Troupas, a Wisconsin based attorney who led legal efforts for Donald in a recount of the state's 2020 results, which they lost. What would you do if you got a text from the attorney for the President of the United States? Johnson said, you respond to it. I got a text from the President's lawyer asking if we could deliver something to vice President and if I could have a staff member handle it now. When asked if the Senator knew what he was asked to deliver, he said, no, I had no idea. Yeah, I turned it over to him. Johnson said of his then new chief of staff. Next thing I knew, he's letting me know the Vice President's not accepting anything. So I just texted back, no, we're not delivering it. End of story. Nothing happened. I had no idea there were even an alternate slate of electors. Well, Johnson said the Jan. 6 committee didn't publicize all of the text between Pence and his aides, which he said indicated that Pence was expecting the package through the mail. Right, of course. Because that would have got there in time with everything they did to the post office. Okay.
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Good morning.
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Now, according to texts Johnson has previously made public, the Pence aide also said the vice President shouldn't receive any mail that hadn't been screened. You know. Shit. He also referenced comments to the Milwaukee Journal Sentinel by panel chair Benny Thompson, who said Johnson's involvement wasn't, quote, a priority.
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Oh, goodness. So, no, no comment from the January 6th Committee on these remarks, but we do have a hearing coming up on October 13th. Should be interesting. And we'll be right back with Malcolm Kenyatta. Everybody stick around after these messages. We'll be right back. Everybody. Welcome back. I'm honored today to be joined by somebody I got to meet in person at the White House celebrating the Inflation Reduction Act. He represents Philadelphia county in the Pennsylvania State House. Please welcome Malcolm Kenyatta. Hi, Malcolm.
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I'm so excited to be with you.
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I'm so excited to talk to you. It was truly an honor to meet you and talk a little bit about the Inflation Reduction act when we were at the White House. But I want to talk about some of the. Some of the legislation that you are really pushing in Pennsylvania, particularly. You know, September is Suicide Prevention Awareness Month. And can you talk a little bit about legislation you introduced called Phillips Law?
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So I will. I will tell you, this is when I talk about little Phil, it still is one of the hardest days I've had as a, As a legislator. You know, it was late at night, and I got a call, my cell phone, to one of my constituents, who let me know that her grandson, little Phil, had died by suicide. Phil was being relentlessly bullied at school, him and his little brother, who he often tried to take a lot of the brunt of the verbal attacks that would come. And him and his brother being attacked for their weight and for their looks and for being perceived as gay. And Phil was trying to get in touch with a mental health professional in his school and was not able to. One Friday, she was dealing with another crisis another student was having, and Phil got on the bus and went home and died by suicide. And every time I think about that, that a kid as young as Phil felt so desperate, so beaten down, so bullied, that they would be in a position and not want to be with us anymore, says that we have to do a lot more to protect our kids. And it gets me so frustrated that these people who claim to care about kids and their safety, who claim to care so much about parents rights, are engaged in pushing legislation and pushing out from their huge platforms, you know, as elected officials and others, things that we know make kids less safe and put them in positions where their mental health, their levels of anxiety, and them making that, being in a position like little Phil, to feel desperate and alone in these anti trans bills and these comments from people from DeSantis to Abbott, on and on and on, these have real impacts, particularly on young people.
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And it's not just kids. I mean, did you see the recent story where there were some Trump supporters who called in to clog and block the veterans suicide hotline because they wanted to reinstate health benefits to veterans who attacked the Capitol, who were part of the insurrection? It's just the cruelty is so often the point. And I know you talk about that a lot, especially when we talk about building a future where trans and non binary kids are safe, especially with all of these laws coming down the pike from Republicans who want to make it worse for these kids. And I know you had a conversation with Elizabeth McLaughlin, host of Living through it, about some of these issues. Can you talk a little bit about what you spoke with? Not too much. I really want to encourage everybody to listen to that interview. Again, the show's called Living Through It. But talk a little bit about how we can block these bills, go forward and pass our own legislation to ensure the safety of these kids.
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Absolutely. So let me put a bow really quick on the Phillips law piece just to say that what this would do is to make sure we have mental health professionals in all of our schools. Right. Because as I mentioned, Phil was trying to talk to somebody, but there was one person for hundreds of students. And so even at the top of their game, my dad was a social worker, and I will remember how many cases he would have that it was impossible for him to get through every case, to talk to every family every day. It was just, you know, physically, logistically impossible. And so we have to expand opportunities for people who want to go into these fields. We have to do things to make them attractive fields. That means paying people appropriately, helping with student loans, all those different things to make sure that when there is a student in crisis, that they can get the support that they need. So I just did want to put a bow on that for people who are like. But he didn'. Explain the bills. I'd run to explain the bills. Yeah.
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And I think, like something like a job corps program where, you know, if you come out, go to school to. To be a licensed clinical social worker or work on these things that. And then you work for public service for a couple years to pay to. I mean, I think college should be free for everybody, but start with some sort of a job corps or. You know, I've, I, I was trying when I worked at the VA to put in place a thing where veterans who were looking for jobs could take up jobs in, you know, kind of clinical settings that we have a huge shortage of professionals in. And, you know, hey, work for the VA for a couple years, you'll go to school for free, and then you're free to go be a orthopedic, whatever, wherever, you know, wherever you want.
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It's such rewarding work. And I do think that that's a great segue. Back to your question about Elizabeth. You know, in that work, I'm sure you got to. To meet people and engage with people who give you that contagious courage that helps you keep going. And that's a part of what we talked about. You know, how do we keep going in these uncertain times? You know, how do we surround ourselves with people who inspire us to do, you know, just that? And it was a really exciting conversation. And so I'm so happy that, you know, that everybody's going to get to hear it. So many of your listeners, I hope they go over.
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Yeah, definitely. Again, that's called Living through it, the name of her podcast. And let's talk a little bit about, like, you touched on it briefly. Burnout. You know, a lot of people just over and over, I post about, oh, Trump filed this, and then the DOJ filed this, and then they want to do this, and everyone's like, look, it's just been forever. Or with, you know, with regards to not just justice, but the upcoming midterms. I think we have a lot of momentum going into the midterms, but sometimes that momentum can be hard to find. What do you say to folks who seem to be losing faith and losing hope a little bit?
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You know, hope and courage are renewable resources. And, you know, when we think about this race and this moment, as serious as it is, it is important that we all take breaks. Right? That we understand. There's this great book out that says, you know, rest is resistance, and when you recognize that you don't have to do it all yourself and that when maybe you're out registering voters, right? Or you're writing postcards and sometimes your hand cramps up and you need to take a break. But there's somebody else who is helping, who's a part of this continuum of people who are trying to preserve and expand our democracy and make sure that when we talk about freedom and justice and fairness, that it's actually real for folks. We have to find our little part of the world and do what we can in our corner of the world and recognize the cumulative impact of all of us doing just that. Because when the issues are this big, it's so easy for people to feel like they have to be the straw that broke the camel's back. And the reality is, when you even think about that metaphor for a second, for there to be a straw that broke the back, that means that there had to be a lot of other straws that didn't get stories written about them, right?
A
You loosen the pickle jar.
C
Help.
A
Help loosen the pickle jar. That's all you gotta do.
B
That's it.
A
And what are some little things people can do? I have found that if I, you know, I spend a half hour text banking or if I write some postcards or, you know, share a link, do something as simple as sharing a link for raising funds for midterms, I feel like it comes back to me tenfold. I feel like it renews me. It's like a little bit of effort for a lot of return. What are some of the things that you found kind of have. That have that sort of.
B
Yeah, I think that that's exactly right. I would say two things. Having small conversations with the people who look up to you. And I think that that's a great exercise to do in and of itself, thinking about people who look up to you. Because it's so easy to think that, you know, unless you have a huge social media following or unless you are, you know, a faith leader or an elected official, that you don't have a sphere of influence. And turns out we all have spheres of influence, and they can be bigger than you think. Anybody who's listening, who's a parent, you know full well that your kids will sometimes learn things just from watching you, right? It's not the lessons all the time, maybe that you want them to learn or they'll watch other adults in their lives. And you didn't have to sit them down and give them the lesson, Right? They were just paying attention. And so there are people who are paying attention to you who you might not think are paying attention to you. And so I think doing that exercise, recognizing who your sphere of influence is and then making sure you do the work within that sphere of influence is huge. All of us have a. You know, maybe not all of us have a cousin, right? Depending on how big your family is, but all of us have somebody. Maybe it's a cousin, maybe it's a friend, maybe it's, you know, somebody you knew from college who doesn't think about politics as much as you do, who, like, aren't engaged, who kind of put their fingers in their ears and try to tune it out, but they're not gonna tune you out because they trust you. And so making sure that those folks in your phone and your contact list, your favorites. Is everybody in your favorites registered to vote? Did they make a plan yet? Okay, Because I can tell you, elections can be close. In my first election, I had these people who put out, and this is a Democratic primary, by the way, but on the day before my election, I had these people put out these awful homophobic flyers about me. People can Google and see them, right? They put up these awful flyers. Turns out, as you might imagine, I won the election. But the next day, I'm like, walking my dog. I'm hungover, right? From the night before. I'm walking my dog and I see one of my neighbors and I'm like, please don't talk to me. Right? Like, I feel awful, right? I'm just trying to walk the dog. But she caught me and she said, malcolm, I just. Did you see these fires? And I was like, I promise you, like, I saw the fires, right? But she said, I just want you to know I was so upset that I went and got three more people to vote who weren't gonna vote. I ended up winning that ward on election night. By one vote. By one vote. And so it's just a reminder that this woman, who is not a public facing leader, had influence on people. And at least in that one ward, it made all the difference.
A
Yeah, and your vote does count. Everyone's vote counts. If it didn't, the opposing side wouldn't be spending billions of dollars to try to convince you that your vote didn't count.
B
That's right.
A
And I love what you bring up because that's one of the strengths we have as Democrats and progressives is we know that there are people better than us and we know that there are people that we can influence as well. And there's always going to be somebody that you look up to and somebody who looks up to you. I don't think magas have that gene because they always think if they lose, it has to be because somebody cheated or they just can't visualize that somebody might be better at something than they are and, like, respect that. I remember there was two girls in Utah who lost some sort of a sports meet to one girl and questioned her gender over it and demanded that, you know, and it's. I just feel like that's just one of our great strengths, is that we have a little bit of humility, but we also know that we have a sphere of influence. And I thank you for pointing that out.
B
Oh, absolutely.
A
Well, it's been really great to talk to you. I can't wait for everyone to hear your interview. It's out now. The podcast is called Living through it and I look forward to seeing what you do in the future. I think you have an incredible political future ahead of you and I appreciate your time today, everybody. Malcolm Kenyatta.
B
And let me say thank you to you one more time for using your platform the way that you do to keep us all informed about critical things that are going on. And so I hope that you are always taking care of yourself and just that, that, you know, your work is not in vain.
A
Thank you so much. It's my pleasure. Honestly, I absolutely love doing this. So we will talk again soon, my friend. Have a great rest of your week.
B
You're the best. Take care.
A
Bye, everybody. Stick around. We'll be right back with the good.
C
News after these messages.
A
We'll be right back, everybody. Welcome back. It's time for the good news. Who likes good news?
B
Everyone?
C
Then good news, everyone.
A
Good news, good news. And if you have any good news, confessions, corrections, Halloween photos, pod pet pics, an adoptable pet in your area. You want to give a shout out to somebody in your life. That's awesome. Anything you want to send us, you can do it@dailybeanspod.com and click on contact. First up from Scott. Pronouns, he and him. Hello. My favorite, most necessary podcasters. Hello.
C
Hello.
A
I was first introduced to the Daily Beans via the Midas Touch podcast. I haven't stopped listening since. Thank you, Scott. I adjust my playlist to make sure that I listen to five minute news followed by the beans every morning, usually while on a run. Everything about the podcast is incredible, from the songs, which I lip sync to, to the intelligent breakdown of the news, to the outright joy and the laughs of the good news, which I also lip sync to. Near, near, near, near Good news, good news. For the record, I do listen at 1.75 speed. So if I ever met you in person, it would be strange for everything would feel very slow. I was on vacation recently and just got through the backlog. While on vacation I wore my new favorite shirt. Attached is a pic which I call Crimes and crimes and Crimes and Limes. The drink is a Hemingway Mojito, which made this email more important to write because of the latest episode, the Power of Mojitos.
C
There you go.
A
I also want to brag about my kids. Technically adult children, but that has a negative connotation. So now so they're still my kids. Yeah, we all call them the adult children and everyone's like I don't want to use that phrase anymore. For years, even before I was in college, I always stood by my opinion that the two most underappreciated and underpaid professions are teachers and nurses. As a society we should do more for them. Well, my fraternal twin boys made their individual choices. And our graduates and now full time employees as what? A nurse and a music teacher?
C
Nice.
A
I couldn't be more proud of them. But with the inside baseball I get from them, my opinion still holds true. They are underpaid and underappreciated. Maybe things will get better the longer they are in their respective fields. We can only hope. Thanks again for all you do. Mornings are always better with the beans. Scott he him. Also attached is a pet pic of Tucker. He made it to 16. He's now been gone for nine years. But I'll always remain my favorite dog of all time.
C
This is great.
A
Look at this. Yes. Crimes and crimes and crimes and limes.
C
I love it. Oh Tucker. Little football so.
A
Oh my God.
C
I know.
B
Dog.
C
So cute.
A
Thank you for that so much.
C
Thank you.
A
I really appreciate that.
C
I know. This next one's from Pam Pronoun. She and her just want to say great big thank you for keeping up on the news. I listen every day. Keep up the swearing and the laughing. I work a very stressful job, full of trauma and sadness. It's been so helpful to get an unexpected giggle or belly laugh when I least expect it. I want to share our newest foster dog. We've been fostering dogs for about two years now. Dolly's our 12th love bug. She's a Chihuahua, 14 and a half pounds, eight or nine years old, and gets along with other dogs. If anyone out there is looking for a loving cuddle bug, then she's your girl. Her favorite pastime is sitting on your lap and following you around wherever you go. She is House trained. Dolly's deaf, but that does not set her back in any way. We are in the Pacific Northwest Portland, Vancouver area. We foster for the Underdogs Rock rescue. If interested in. Stop it. We had to edit something out because I'm a dork. That's why ag's laughing. We're going to keep moving and interested in meeting Dolly or any other adoptable dogs. Oh, they may please go to Jesus. Underdogsrock.org underdogsrock.org thank you again for what you do. Oh my God, look how beautiful. Underdogs rock. Look at this baby.
A
Oh, from the first picture I thought. I thought the dog was much bigger.
C
Me too.
A
And then you get to and it's a tiny. This is like a small, large dog.
C
This looks like adorable.
A
Yeah, like a dog that has like. Honey. I shrunk the dog right?
C
Totally does.
A
So cute. Oh, man. Adorable. Okay, so what's that? Underdogs Rock. Okay, cool. Pacific Northwest, Vancouver, Portland. Was that right? Portland, Vancouver. Looking, looking. Yes, yes, yes. Awesome. All right, next up from Joshua, I'm on vacation car camping along Pismo Beach, Oceano Dunes with my ride or die dog named Millie and I'm listening to the pod. I never do the message us thang, but figured why not? You gave your dad a shout out on his birthday and today just happens to be my 39th trip around the sun. I've already shed a few tears thinking of the memory of my dad. He and his cancer were the reason I moved back to San Diego and adopted Millie. I've been a listener since MSW was first launched. Thanks for giving space for swearing, social justice and seeing the truth come to light. I've really appreciated the comfort you've provided in such calamitous times in democracy and cause. You asked for dog photos. Here's some of us now. The Marine lair rolls in and some of Millie from a sunnier day in Big Sur where we actually are headed on my next trip. And I'm missing some photos here. I think.
C
I think so too.
A
So we'll find out from the producer where those went. We'll make sure that they get into the show. Notes for patrons, but thank you. Thank you so much, Josh. Thanks for writing in.
C
Absolutely. This next one's from Jody Pronouns. She and her hello my lovely friends in my ears. Longtime listener, second time writer, living in the counted out state of Kentucky. I'm writing to you during a quick break while I hem a mass pile of my daughter's high school marching band pants. Whoop, whoop, my good News is that our formerly high ranking program is on its way back from a series of unfortunate events including dispassionate directors and Covid band programs suffered so much during COVID time zoom classes for beginning students. Anyone? Not easy even for committed musicians. We were blessed to have a new Director start in 2019 and this year the show he has created along with the culture he has changed and nurtured despite so many obstacles has the entire program including the families absolutely ecstatic. The program's growing. We have a ton of new kiddos and not just seventh, eighth or freshman players. Hence the pile of pants I'm hemming a 6th grade band class over 60 kids and as a former band geek myself, this makes my soul happy. As the president of the boosters making my husband first gentleman, it brings me hope for the future of this program. Seeking a new marcher show up the band camp is a say her name Breonna Taylor T shirt. That's awesome. Gave me activist, liberal stuck in a red county Innisbread state self a huge dose of optimism for the future of this county, state and country. That's awesome. A new marcher walking in with say her name Breonna Taylor. In related news please for the love of goddess help us out here in Kentucky by supporting our most progressive, most genuine history making candidate in Charles Booker. I love Charles by the way. I know a lot of people got burnt by Amy McGrath, DNC Corporate picked candidates will not make it across Kentucky but Charles is different. Please give him a chance. Full disclosure that I'm currently a volunteer admin on one of his regional Facebook groups, but only because I have full faith and hope in his vision of Kentucky and Kentuckians for podpet tax Attached you'll see our rescue dog Archie. Feel free to guess. Won't be difficult even if it's technically unknown. For the buried lead. For the buried lead Good news and pod kit Tax my youngest who is nine years old and a nine year cancer. A nine year cancer survivor neuroblastoma surgically removed when he was eight and a half weeks old. Holy shit. You go look at this kid.
A
Oh my God.
C
I love that picture. And that's awesome. This dog is super sweet. I don't.
A
That is a great photo. Yeah, I can't guess this dog either.
C
Maybe a lab Great mass. Not great mass. A Pyrenees. A lab Pyrenees mix maybe.
A
Ciao.
C
There's chow for sure. Oh my God.
A
And that.
C
Boy I am so glad. Look at that. I mean eight and a half weeks old. Thriving. Not just surviving thriving. I Love this kid.
A
Yeah, a neuroblastoma. That's a tough one, too. This is so. What a little warrior, right?
C
Love it.
A
Awesome. Thank you so much. And yeah, absolutely love Charles Booker. I'm gonna see if I. I think we've tried to reach out. He's pretty busy fella. We should definitely try to get him on in a Flip It Blue segment. Thank you, everyone, for all of these. And I'm so glad that you got your crimes and crimes and crimes and limes. Scott. That looks great. And all these doggos are just adorable. That one puppy from Pam, the foster dog in the Pacific Northwest. At underdogsrock.org, this is such a. It's just. It's like a. It's a big dog that in a tiny package is so cool.
C
It really is. All of these are fantastic. But that dog. Does you ever see that baby? You're like, that looks like an old man, but a baby.
A
Yes, totally. Thank you for sending everything. And if you have anything you want to share with us, you can do so@dailybeanspod.com click on Contact. Dana, do you have any final thoughts before we get out of here today?
C
I don't. Let's get out of here. Let's move on past hump day and let's keep it going.
A
Yep, yep. Because then it's Thursday and then it's almost Friday. And really everyone who lives in California knows that Thursday is Friday, basically. All right, everybody, until then, until Thursday, Friday, please take care of yourselves, take care of each other, take care of the planet, take care of your mental health. Vote blue over Q.
C
And for the love of goddess, take someone with you.
A
I've been AG and I've been dg and them's the beans. The Daily Beans is written and executive produced by Alison Gill with additional research and reporting by Dana Goldberg and Amy Carrero. Sound design and editing is by Desiree McFarlane with art and web design by Joelle Reader with Moxie Design Studios. Music for the Daily Beans is written and performed by they Might Be Giants and the show is a proud member of the MSW Media Network, a collection of creator owned podcasts dedicated to news, politics and justice. For more information, please visit mswmedia.com msw media.
Original Air Date: October 5, 2022
Summary Date: October 4, 2025
Hosts: Allison Gill (AG), Dana Goldberg (DG)
Special Guest: Malcolm Kenyatta
Theme: A snarky, in-depth look at major political news with an emphasis on social justice, hypocrisy in politics, and the enduring fight for accountability and progress.
This vintage episode, re-aired in 2025 as part of the “Refried Beans” series, dives into political and legal upheaval from the same week in 2022. The hosts break down then-breaking scandals involving Donald Trump (Mar-a-Lago classified documents, Oath Keepers seditious conspiracy trial), Herschel Walker’s abortion scandal, and Ron Johnson’s January 6th entanglements. Additionally, Pennsylvania State Rep. Malcolm Kenyatta speaks on legislative action for suicide prevention, mental health, activism, and maintaining hope in tough political times.
[04:00–09:25]
[02:27–03:53]
[10:04–13:14]
[13:14–18:47]
[18:47–22:38]
[23:14–35:33]
[35:40–44:51] A classic “Good News” grab bag—listeners share pet pics, uplifting personal stories, and calls for activism.
Standout Moments:
On Trump’s motion being a non-emergency:
On FBI inaction:
On political hope:
On small acts mattering:
On Democratic humility vs. MAGA hubris:
The episode is fast-moving, sharp, and witty—with AG and Dana mixing legal acumen with irreverent comedy and empathetic activism. Guest Malcolm Kenyatta brings passion, vulnerability, and strategy to fighting for marginalized communities and sustaining hope.
This installment is quintessential “Daily Beans”:
Summary by The Daily Beans: Where news, justice, and social action meet—always with a side of snark and hope.