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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. 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 whispering Daily beans. Daily beans. Daily beans. Daily Beans. Hello and welcome to the Daily beans for Thursday, October 19, 2023. Today, Jim Jordan loses again and by a larger margin as some in the caucus complain about them and their spouses receiving threats. Senator Bob Menendez has been prohibited from receiving a classified briefing on Israel Justice. Amy Coney Barrett thinks ethics rules for SCOTUS sound like a good idea. Third party candidate Cornel west has drawn the maximum campaign donation from Harlan Crow. Twitter troll Douglas Mackey has been sentenced to seven months in prison. Trump lawyer John Lauro tried to be a lawyer in D.C. without being a member of the bar. And Judge McAfee denies Ken Cheesebrough and Sidney Powell's motion to dismiss and Cheese Bro's motion to exclude his memos from evidence. I'm your host, Alison Gill. Hey everybody, Happy Thursday. I'm doing solo today. Dana is traveling. She will be back with me tomorrow. Also, some quick hits here. Judge McAfee has denied motions for the Cheese and Kraken. So Cheesebro wanted to exclude from evidence his fraudulent elector memos saying that he was Trump's attorney and those were part of attorney client privilege. And McAfee agreed. Agreed with the DA saying no, sorry, bro, these are subject to the crime fraud exception because you've been indicted for them. So that will be allowed in evidence, his memos. And he also dismissed Cheese and Kraken. Both Sidney Powell and Kenneth Chesbrough wanted to dismiss on federal Supremacy Clause and he said no. So they're still going to court next week. I mean, it's next week, so we'll see how that goes. And those trials will be televised, so we'll be watching those. And the D.C. u.S. Court of Appeals Clerk has flagged the Trump partial gag order appeal, noting that Trump lawyer John Lauro is not a member of the DC Bar and they're giving him until November 2nd to complete his application. When reached for comment, Laro said, I've been a member of the D.C. bar and the Federal Trial Court Bar for nearly 40 years. This is a routine request from the Federal appellate court to join its bar, which I will do in order to represent President Trump in this important matter. So he's basically like, I'm already a member, but I'm not. And so I will totally apply to become one in the timeframe that they've told me I have to do it. Cool loring there, buddy. And speaking of Donald Trump, during one of his incoherent slur fests over the past couple days, he promised that if elected, he would make an iron dome for the United States. You guys, how cool is that? An iron dome for the United States. Now, what he didn't mention here is that the iron dome protects from short range missiles. So I guess maybe we're worried about all those Canadian short range missiles that are coming down from Canada and I. And would Alaska get its own Iron Dome or Hawaii, would they have their own short range missiles? I gotta tell you, it just gets wilder and wilder. All right, everybody, we have a lot of news to get to, so let's hit the hot notes. Hot notes. All right. Jim Jordan lost his second ballot for speaker of the House on Wednesday despite all the threats and all the bullying from him and all the phone calls from Donald Trump to members, all of the phone calls from Fox News and Sean Hannity, all that bullying, and he still lost and by a bigger margin. We now have members receiving death threats, including Marianne Miller Meeks after she voted against Jordan. Rep. Don Bacon says his wife has received threats for his opposition to Jordan. Debbie Lasko says she's not even going to run again in 2024. She's a rep from Arizona. She's an awful person, so that's fine, but she's not even going to run again. Now, it leaked today that Jim Jordan was actually trying to get New York Republicans in Biden districts to support him by offering to remove the salt cap for New Yorkers. Salt cap, state and local taxes. Remember when Trump did his $3 trillion tax gift to the wealthy, he limited some states, like Texas, I think New York, California, from the amount of state and local taxes you could deduct from your federal taxes. So he's actually trying to bribe the New Yorker, the guys, the people from New York, the congressmen and women from New York, by saying, I'll do something to get rid of that salt cap for you so you can take something back to your caucus or your constituents, I should say, in order in exchange for a vote for me. But all of that, all of that. And he lost votes today. And he's the first guy in a hundred years. Last time somebody lost or somebody didn't get 200 votes for speaker was in 1923. It's been 100 years since somebody fell below the 200 mark, the great Michael McKean said on Twitter today. Loser has a nasty negative ring. As a kindness we should refer to Jim Jordan and as differently victorious. That's probably my favorite tweet of the day. Now, despite all that, Jordan is plowing ahead. He wants a third vote, a third ballot. There could be a vote today as early as noon, but nothing is scheduled. But they said to be ready by noon in case we want to vote. But who knows? Who knows? One source told Laura Rosen that Jim Jordan should expect 10 or 15 new no votes on a third ballot. And while part of me revels in their abject failure, make no mistake, if your goal is to dismantle democracy and install an autocrat, kneecapping half of the legislative branch is a feature, not a bug. And we need to start thinking about that in those stark terms. And from Jemison Nguo at the New York Times the second failed effort on Wednesday by Representative Jim Jordan of Ohio to be elected House speaker added momentum to an idea that has been floated by lawmakers in both parties in recent days. Give Representative Patrick T. McHenry, the interim Speaker, Explicit power to conduct legislative business. Mr. McHenry is acting as temporary speaker under rules adopted after the 911 terrorist attacks that require the speaker of the House to come up with a list of people to fill the post in the event that it becomes vacant. When former Speaker Kevin McCarthy was booted out of his job by the right wing rebellion two weeks ago, the world learned that Mr. McHenry was the first name on his list. Many House aids believe that Mr. McHenry's power is strictly confined to presiding over the election of a new speaker, and he has been doing that this week. But because this situation hasn't come up before, some congressional scholars argue that the bounds of the acting speaker's power are largely dependent on what a majority of members is willing to tolerate. Kind of seems to skirt the Constitution, though. It's just making a speaker without an election. And as the turmoil around replacing McCarthy is continued, the New York Times says some members in both parties have been quietly discussing a way to explicitly grant Mr. McHenry permission to step in with full or at least expanded authority to run the House. The talks have gained urgency as war has broken out between Israel and Hamas and Gaza. We know, and lawmakers are increasingly worried that the House will be unable to act in that crisis, we're 40 days away from a government shutdown here ourselves. Representative David Joyce, Republican of Ohio, was circulating a bipartisan plan Wednesday that would give McHenry the power to run the House floor through January 3, though the exact period of time was still open for discussion, according to lawmakers and aides familiar with the proposal who discussed it on the condition of anonymity. Members of the bipartisan Problem Solvers Caucus, made up of center leaning members from both parties, have also been involved in the talks, and that's according to a lawmaker in that caucus. Last week, four moderate Democrats led by Representative Josh Gottheimer of New Jersey, a member of that group, sent a letter to Mr. McHenry saying they would support giving him expanded authorities in 15 day increments that would allow him to bring specific legislation to the floor. The proposal, which was reviewed by the New York times, would allow McHenry to bring up only certain legislation for aid to Ukraine and Israel, a stopgap spending bill to avert a government shutdown and and 2024 spending bills. Now right now the Senate bipartisan is working on a bill. The Senate in a bipartisan way is working on a bill that would fund Ukraine, Taiwan, Israel for all the support that those three countries will need and the border, make improvements at the border. So if McHenry would agree to passing that bill, you would still need quite a few, a handful of Republican votes to get that done. You can't just rely on the speaker. So it's not like the speaker could agree. And I'm sorry, these boys can't count and I don't know how well they can be trusted. But anyway, New York Times goes on to say Representative Mike Kelly, Republican of Pennsylvania, introduced a resolution Monday that would force a vote on keeping McHenry empowered until November 17th. That's when the current stopgap spending measure expires, which would trigger a government shutdown unless Congress acts to extend it. Jim Jordan is actively whipping Republicans in his caucus to not work with Democrats on any kind of a solution. That takes us back to that feature. Not a bug. If you're trying to kneecap Congress, this is how you do it. Meanwhile, John Boehner and Newt Gingrich have endorsed the McHenry plan. Newt, she turned me into a Newt. Representative Nick Lalota, a New York Republican who opposed Jordan for a second time on Wednesday, told reporters that the latest failed vote absolutely served as evidence that the House should explore empowering McHenry. Representative Carlos Jimenez of Florida also voiced his support for a move by his party to give McHenry more power and open the House and get business done. The top Democrat in the House, Minority Leader Hakeem Jeffries, the leading vote getter in both speaker votes, thanks to his united Caucus. Democrats in array, he said before Wednesday's vote. All options on the table. He reiterated that the House Democrats have two goals here, preventing Mr. Jordan from obtaining the speakership and keeping the government running and from the Department of justice website Douglas Mackey was sentenced today by United States District Judge Ann Donnelly to seven months in prison for his role in a conspiracy to interfere with potential voters rights to vote in the 2016 election for the office of the President of the United States. Douglas Mackey, known as Ricky Vaughn, was previously convicted on the charge of conspiracy against rights at a trial by a federal jury in Brooklyn. And if conspiracy against rights sounds familiar, maybe you've been listening to the Jack podcast because that is Title 18, US Code Section 241 and Donald Trump is charged with this crime. Mackey was convicted of the charge in March 2023 following a three week trial. Brion Peace, United States Attorney for the Eastern District of New York, Acting Assistant Attorney General Nicole Argentieri of the Justice Department's Criminal Division, and Jim Smith, Assistant Director in Charge of the FBI New York Field Office, announced the sentencing, quote, one of the foundational rights we hold as Americans, a right that many fought so hard to obtain, is the right to vote. The defendant weaponized disinformation in a dangerous scheme to stop targeted groups, including black and brown people and women, from participating in our democracy. That's U.S. attorney peace. This groundbreaking prosecution demonstrates our commitment to prosecuting those who commit crimes that threaten our democracy and seek to deprive people of their constitutional right to vote as proven at trial. By 2016, Mackey had established an audience on Twitter of about 58,000 followers. Aww, that's cute. A February 2016 analysis by the MIT Media Lab ranked Mackey as one of the most significant influencers of the then upcoming presidential election. Between September 2016 and November 2016, Mackey conspired with other influential Twitter users and with members of private online groups to use social media platforms, including Twitter, to disseminate fraudulent messages that encourage supporters of presidential candidate Hillary Clinton to vote via text message or social media, which was legally invalid. For example, on November 1, 2016, in or around the same time Mackey was sending tweets suggesting the importance of limiting black turnout, the defendant tweeted an image depicting an African American woman standing in front of a African Americans for Hillary sign and the ad said avoid the line vote from home, text Hillary to 59925 and vote for Hillary and be part of history. The fine print at the bottom of the deceptive image stated must be 18 or older to vote. One vote per person must be a legal citizen of the United States. Voting by text is not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by Hillary for President 2016. The tweet included the typed hashtag I'm with her, a slogan frequently used by Hillary Clinton on or about and before election day 2016. Thousands of unique telephone numbers texted Hillary or some derivative to the 59925 text number, which had been used in multiple deceptive campaign images tweeted by Mackey and his co conspirators. Several hours after tweeting the first image, Mackey tweeted an image depicting a woman seated at a conference room typing a message on her cell. This deceptive image was written in Spanish and mimicked a font used by the Clinton campaign in authentic ads. The image also included a copy of the Clinton campaign logo and I'm with her hashtag 7 months in prison for conspiracy against Rights. Next up from Goodwin at the Washington Post Senator Bob Menendez will not be attending an all senator classified briefing on Israel on Wednesday after some of his colleagues aired concerns that his presence would risk national security because he has been criminally indicted for failure to file as a foreign agent for Egypt. The former chair of the Senate Foreign Relations Committee faces federal charges for bribery and also, like I said, conspiring to act as a foreign agent for Egypt. Now he has defied his colleagues calls for him to resign in the wake of the charges, which he denies, leading to an embarrassing situation for Democrats. I don't really see it as an embarrassing situation for Democrats. I see it as embarrassing for Bob Menendez. And I do think he needs to resign. I'm I'm calling on him to resign. I don't know how far my endorsement for that goes, but I joined John Fetterman, who has also called for a vote to expel him from the body altogether, leading Menendez to charge on Monday that Fetterman is obsessed with him. Uh huh. Hey, I have a question for a friend, fetterman asked reporters on Tuesday. If someone's been accused of being a foreign agent for Egypt, should they be allowed to attend a classified briefing on Israel tomorrow? The answer, apparently is no, Senate Majority Leader Chuck Schumer said Tuesday Menendez will not attend the briefing that will include Secretary of Defense Lloyd Austin and other Top administration officials. Schumer's office would not say whether the leader had asked Menendez not to attend or whether Menendez is just barred from all such gatherings in the future. Should be barred from fucking the Senate. Schumer announced last month that Menendez would step down as chair of the Foreign Relations Committee temporarily. Uh huh. While his court case plays out. Uh huh. You gonna, you gonna jump back on that committee from prison, Bob? I think there's really serious charges he's facing. This is a quote and a number of my colleagues have said I'm hoping Senator Menendez will reconsider his earlier decision to continue forward. That's Mike Rounds, a Republican from South Dakota who sits on the Intel Committee. Fetterman told reporters he will not let the issue go. I'm just gonna continue bringing it up again and again and again, he said, joking that maybe he is obsessed with the senator. Maybe I am. I don't know. And from Kathryn Doyle at NBC. Progressive activist and independent presidential candidate Cornel west received a maximum campaign donation from Republican mega donor and you know Clarence Thomas. Fishin buddy. Harlan Crow. Crow made the $3,300 donation in August, weeks before west abandoned his bid for the Green Party nomination to run as an independent. Crow has called West a self proclaimed non Marxist socialist. So non Marxist socialist, it can happen. It does exist. Non Marxist socialists. Yeah, we're called Democrats. I don't know that I would, I would give that moniker to Mr. West. But west has defended his campaign from questions about whether it would draw support from President Joe Biden, calling the two party system an impediment for the flower of American democracy. During an interview with NBC News and Meet the Press. Crow's close ties to Scotus Thomas have come under scrutiny in recent months after ProPublica. As we know we've reported on it. Detailed grifts, travel and other items of value provided by Texas billionaire Harlan Crow to the Thomas. To the Thomas family. To the Thomas. To the Thomas family. Now, Thomas has not disclosed these in his annual financial disclosure forms, saying that the gifts had constituted personal hospitality and therefore did not fall under the disclosure rules at the time. And I said it before and I will fucking say it again, if you don't understand financial disclosure forms, you should not be interpreting the Constitution. Now federal election filings show real estate developer Harlan Crow gave to Republican presidential candidate Chris Christie in the last quarter as well and to GOP members of the Senate and the House. Republican presidential candidates Nikki Haley and Ron DeSantis count Crow as a donor. The rival Campaigns met with a consortium of mega donors, including Crow, in Dallas this month, hoping to leapfrog the field to become the top alternative to Trump. And speaking of the extreme court and its legitimacy crisis, conservative Justice Amy Coney Barrett indicated Monday she would support a code of conduct for the Supreme Court in the wake of recent claims that some justices have fallen short. Fallen short of required ethics standards. That's a nice way to put fucking probably broke the law. Speaking at the University of Minnesota Law School, Barrett said it would be a good idea for us to do it and suggested that the justices are broadly in support of a set of principles similar to those that lower court judges are required to follow. Quote, there's no lack of consensus among the justices. There's, you know, unanimity among all nine of us that we should and do hold ourselves. We do hold ourselves to the highest ethical standards possible. We should and do. We should and do we do hold ourselves. Barrett, who did not address the ethics issues at a public event in August, said the justices already follow existing rules as the requirement that the federal judges file financial disclosure reports every year. Yeah, but you know, they're not filling them out right, sugar mouth. She declined to comment on why the court has not yet adopted a code, despite pressure from members of Congress and ethics experts. That's something I really can't speak for the court about or make any sort of guess about. Sounds like the answer she gave when asked about the stare decisis on Roe. I don't want to guess about any of that now. Some members of Congress have backed legislation about the issue, although the Court could address the issue itself by adopting its own ethics code. Some other justices have expressed support of an ethics code. Liberal Justice Elena Kagan said last month it would be a good thing. And conservative Justice Brett Kavanaugh said earlier last month that he was hoping for concrete steps. Chief Justice John Roberts said in May the justices are continuing to look at things we can do to reflect their commitment to the highest ethical standards. The justices issued a statement in April saying they reaffirm and restate their commitment to ethics principles, an announcement that failed to quell criticism. Duh. Oh, well, if you say so. The corrupt people. If you. If you say so. That just puts my mind right at ease. Thanks, Justice Thomas. As long as you wrote it down. I. I don't know. I don't understand. All right, everybody, we have some good news that we have to get to, but we have to take a quick break. Everybody, stick around. We'll be right back. Everybody, welcome back. It's Time for the good news. Who likes good news? Everyone? Then good news everyone. And if you have any good news confessions Corrections what the mutt Find a cat. What the heckwine Where? I guess what kind of horse you have. There's opine on the bovine again. I only know one cow breed but we've had that Any frog orgies Baby pictures Pictures of your happy place. Shout out to a loved one. Shout out to yourself. Let me know what your thesis or dissertation titles were, what you were studying. I want to know if you have an adoptable pet in your area or a small business you want to give a shout out to or your business. I know we have tons of incredible makers and creators and entrepreneurs that are part of the Leguminati. So send it to us@dailybeanspot.com and click on Contact. First up from Lisa Pronoun she and her I want to shout out my soon to be 19 year old October 11 was national coming Out Day. I was so proud of him when at 15 he came out to me and my husband. We were so honored he told us and so grateful that he figured it out. Last summer we were looking at colleges and we ended up in D.C. the day after Roe was overturned and he was all in on going to the Supreme Court and protesting and he's voted three times since turning 18. Janet Protosiewicz is in place in part because of him. He's got into his dream school. He got into his dream school, University of Washington. I miss him greatly since we're in Wisconsin, but I know he's doing great and thriving. He's an amazing human and will do amazing things. I'm only including a pic of him as a baby. You'll have to agree that he was beyond cute. And for pet taxis, our dog Bella, a husky. We now have two huskies in the family, just missing our non furry baby. Thanks for keeping the news real and interesting and digestible. Thanks for all you do. What a beautiful dog. First of all. And then you're right. That is an adorable baby. I cannot deny it. And that looks like a very cozy little sweater and his little pants. Oh my God. Adorable. He's so cute. Can't wait to see what an incredible human being does with a UW degree. Congratulations Lisa and thanks for that submission. Dan Pronouns he and him hello Beans Queens. I want to give a shout out to the organic farm my daughter and son in law work. Rogers Greens and Roots is located outside Atlanta, Georgia at Rogers R O D G E R S. Rogersgreens and Roots dot Com. Ashley, the owner, is doing great work and cares for her staff greatly. I spend most of the past Friday pitching it. Pitching in to get the harvest ready for market, the website says more than I could keep fighting the fight. Oh, and here's some pig tax. Hello, piggies. I love pigs. They're so smart. All right, Dr. Ann in St. Paul pronoun. She and her hi Ag and DG Ag asked for dissertation titles, so here goes. Egyptian watercraft models from the pre dynastic to the third intermediate period. That was the Department of Egyptology, Institute of Archaeology, University College London. If you have insomnia, chapter two will cure you forever. I always talk about my dissertation being a snoozer. The whole thing is kind of long, but at least the pictures are fun for my pod pet tax. Yeah, how do we make like that's what dissertations do. How do we make Egyptology, which is fucking exciting. How do we make it boring af like that is what a dissertation is for. For my fodfet tax, here's Dr. Rodney McKay, the belly boy and Freddy Mercury, little snoozer. They make our house a home. Both of our boys are rescues, as were their three unrelated siblings who have Rainbow Bridget, resilient felines. Rodney has iris atrophy in his right eye and he's blind on that side. It's a condition that usually occurs in senior dogs, so go figure. Freddie was found on a in Minneapolis with a broken pelvis, flea ridden and weighing 2.8 pounds. Vets thought he could never jump onto furniture or take stairs. On any given day, we can find him on the kitchen counter or on top of the fridge. They were wrong smooches to you both. What a little fucking resilient warrior. Kitty and a chonker. And I want to pet the belly. Oh, m. Gee, what a chonker. Oh, and I love when they put their arms out like that. I call it armies. Give me armies. They put their arms out. You can see their little toe beans. Yep. There's your. There's your dissertation. That's a long one, man. Mine was only like 250 pages and like 40 pages of that was source all right. From Allison Pronoun. She and her greetings. Another Dr. Allison here. And I'm totally here for sharing dissertation titles. Fuck yeah. And you spell Allison properly, too. That's good. Here is mine. The role of calcium in the establishment of the mammalian block to polys. Polyspermy. Polysperm. Polysp. Mmm. P O L Y S P E R M Y. Polyspermy. Or Polyspermy. I don't know. In mouse eggs. All right, let me try that again. The role of calcium in the establishment of the mammalian block to polyspermy in mouse eggs. My dad, after my defense, told me that the only words he caught throughout the entire talk was green sperm. At least that was something. Thanks for all you do. So. Thank you very much. I mean, I understand what polyspermy is, but I don't know, polyspermy sounds like a weird way to pronounce it, and it feels like it should be polyspermy. Do you know what I'm saying? Like polygamy. No, it's polygamy. Polyspermy. No, Polyspermy. But I could be totally wrong. I would love to know your thoughts that, though, Dr. Allison, because I guarantee you, you know and I do not. Next up, Nance Pronoun. She and her Good morning, queens of Leguminati. I'm up way too early on a Sunday morning after waking up to an anx, so I thought I'd share something that makes me happy. Nance, that is an excellent idea. I sometimes wake up with a panic attack. Will wake me up, and it's always good to write down some nice stuff. Nance goes on to say, I'm lucky enough to work from home. I usually take the dog for a lunchtime walk in a park near my house. The park abuts an elementary school, and when the weather is nice, the kids sit outside and eat their lunch and are usually excited to see the dog. Well, with it being spooky season, I've been dressing her in dragon costumes for her walks, much to the delight of the kids. Thinking of the sheer joy of the kids from Something so Simple gets me through my rough spots. They do. They just. They just love stuff like, what was I watching the other day? I think it was knocked up where Paul Rudd is like, yeah, they go ape shit for bubbles. I wish I loved anything that much. Thanks, AG and DG for bringing some bright spots into anxiety. Into the anxiety for podpet taxes. Sweet Kali. Or, yeah, Callie in her costume. The wings flap when she walks. That is fantastic. What a sweet baby. Thank you for sending that in. I love that the kids get excited. That's a wonderful costume. Next up, from Laura Pronoun. She and her. My mom gave me my Girl Scout sashes before she passed this summer. I didn't want to just keep them in a box, so I framed each sash and now they're hanging proudly on my living room wall. I learned so many good skills in scouting that I Still use today. In fact, my main goal in life is to live by the Girl Scout law while also being as ridiculous as possible. Yeah, there they are. That's a brownie sash there. Yep. I was a. I was a Girl Scout. Made it all the way. I went to camp, made it all the way to wrangler. In training, there was. What was it? Beginning, intermediate, advance, and then there was a. A middle position in there. And then there was wrangler and training and wrangler. And I became a counselor and I taught horseback riding at Camp Marapai in Prescott, Arizona. Yeah, my favorite. My favorite thing that we would do was called caballeros. It was the wrangler. I was 18, 17. And we would lead a group of Girl Scouts. Usually, usually like 8 to 10 years old. I think they were cadets and on a five day trail ride. So you would like pack all your stuff with you, your sleeping bag. We had a couple of pack horses and we would ride out in the Prescott mountains for five days and four nights and we would camp that night. It was fun. Super fun. Yep. Got my gold award, which is the Girl Scout equivalent of Eagle Scout. Yep, yep. Great times. God, that was a long time ago, man. What, 30 years ago. We won't talk about that. But anyway, thank you so much for sending in the good news. I really needed that lift today and you gave it to me. So thank you. Dana will be back tomorrow. I will be here. Don't forget, we have a happy hour with Pete Strzok and cleanup on aisle 45 and the Daily Beans patrons. And if you want to become a patron of either show, if you want to become a patron of Daily Beans, you go to patreon.com mullershirote and if I think it's $5 a month, you also get to become a patron of the Jack podcast with me and Andy McCabe and the beans. So it's a twofer. And then we have a separate Patreon for cleanup on aisle 45. And that is patreon.com isle45pod a I s l e4 5 pod. So thank you. Thank you so much for supporting independent journalism. We. We couldn't do these shows without you. It's just, it's so touching, all the support that we get. So thank you very much, everybody. We'll see you tomorrow. Until then, please take care of yourself, take care of each other, take care of the planet, take care of your mental health, take care of your family. Vote blue over Q and bring someone with you. I've been ag and Them's the beans. Refried beans. I like refried beans.