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Refried Beans| Durham Is the Hoax | October 19, 2022
00:23:34
Wednesday October 19th, 2022 In the Hot Notes: the special master Judge Dearie has some questions about Donald’s incomplete and contradictory privilege log; Bill Barr’s handpicked special counsel strikes out again; an ex Oath Keeper who has pled guilty testified at trial today that he was expecting to be charged with treason; and Nancy Pelosi tells MSNBC she was concerned about the Secret Service being a danger to Mike Pence during the Capitol attack.; plus Allison and Dana deliver your Good News.
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A
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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B
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.
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A
Hello and welcome to the Daily beans for Wednesday, October 19, 2022. Today, the special master, Judge Deary has some questions about Donald's incomplete and contradictory privilege log. Bill Barr's hand picked special counsel strikes out again. An ex oath keeper who has pled guilty testified at trial today that he was expecting to be charged with treason. And Nancy Pelosi tells MSNBC she was concerned about the Secret Service being a danger to Mike Pence during the Capitol attack. I'm Alison Gill.
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C
And I'm Dana Goldberg.
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A
Hi, Dana. I haven't stopped laughing since. Since Durham, the Durham News came out. How are you?
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C
Oh, I'm good. Yeah. I had a feeling you were going to get some satisfaction out of that.
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A
Yeah, I might have a little bit of a connection with the Trump Russia investigation and the Mueller probe.
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C
Just a little bit.
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A
Yeah. And today was there might be champagne tonight.
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C
Let's just say that you should pop some bubbly. For sure.
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A
I think the 2012 Veuve Rose might be in order.
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C
Good choice.
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A
And I know that this probably isn't as big of a news story for most folks as it might be for me, the way that it hits home for those of us who follow the Mueller investigation, the Russia investigation, very closely or have good friends that participated in it. But this is a pretty great day for justice. We're going to get into all of that. Plus we have the good news at the end. And it's Wednesday. We're halfway through the week, so hooray, let's push the week forward, shall we? And hit the hot notes. Hot notes. So about three years ago, Bill Barr, having been weaponized by Donald Trump to cast doubt on the Russia investigation and the findings, appointed one John Durham as special counsel to investigate the Mueller investigation. Far and wide. Right wing dipshits told us to buckle our seat belts because half the beltway was going to be rolled up in this Deep State probe and sent to Guantanamo Bay, including Hillary Clinton and Obama and Pete Strzok, Andy McCabe, Jim Comey, the entirety of what they claimed were Deep State operatives engaged in a political Witch hunt, investigating the ties that Donald's campaign had to Russia and Russian operatives. They lied about what kicked off the Russia investigation, known as Crossfire Hurricane, trying to convince the public it was the Steele dossier that did it, alleging the FBI used it improperly as their sole purpose in the application for a FISA warrant on Carter Page. And they were doing it to spy on the Trump campaign. Couple problems. By that point, Carter Page had left. The Trump campaign was never charged with a crime, and the Steele dossier was never touted by anyone as 100% accurate. In fact, John McCain had it hand delivered to the FBI because he found it not only plausible, but extremely concerning. Another problem with Trump's assertion was that the Russia probe was not started by the Steele dossier. It was, in fact started when a drunk Papadop Papadopoulos blabbed to an Australian diplomat named Alexander Downer in a London pub. And the Aussies alerted our intelligence community once it became clear the emails of several Democratic politicians had been hacked by Russia. Now, Barr and Trump obscured the Mueller findings when they came out, spun it, kept it hidden for three weeks, and the American media ran with their story, including Kendallanean, who tweeted that Donald had been exonerated, even even though both Mueller himself and the report explicitly stated the opposite. Barr got called out by Judge Sullivan for inappropriately redacting the public version of the Mueller report to hide the breadth and depth of Russian interference in the election. And then they set out to investigate the origins or the oranges, as Trump said, by appointing John Durham to travel the world on your dime to do his best to discredit the Russia investigation. I made a prediction Monday. Yep. Just a couple days ago, the Dan Shanko trial. About the Danchanko trial. While recording cleanup on aisle 45. The podcast I do with Andrew Torres. Let's. Let's listen to that clip. I just want to mention really quickly because this is so funny. During. During John Durham's closing arguments, the judge was like, yeah, yeah, yeah, yeah. Can you just. Just wrap it up? Like, they played the Oscar music and someone in the. In the wings with a hook. Yeah, yeah, because he was just going off on some, you know, stuff that just made. No, had nothing. It was totally irrelevant. And the judge was like, yeah, yeah, yeah, come on. So the jury is deliberating. I give them. I give them until Tuesday close of business to. To make their determination, which will be yesterday, if you're listening to this, on Wednesday. And so I think probably by the time this episode drops, we might have an acquittal. But I, you know what? I gave the Sussman a 0% chance of acquittal or a 0% chance of conviction. I give this maybe a 20% chance of conviction because there's, there's four counts here. There were five, but right in the middle of trial, the judge dismissed one of them, saying that is literally the opposite of a lie.
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C
Oh.
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A
Oh, gosh, those.
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C
I mean that. I don't think you could have gotten your beans any closer.
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A
Well, today, Tuesday, as we record this, Igor Danchenko, the primary source for the infamous Trump Russia dossier, was acquitted Tuesday on all four counts of lying to the FBI in an embarrassing defeat for John Durham. Durham's grand jury has expired, Dana. And after three years, the most he has to show for it is one guilty plea from a low level FBI lawyer who didn't spend a day in jail. I've texted my friends Pete and Andy, Pete struck and Andy McCabe. I let them know they can unpack their bags for Gitmo. They're very relieved. You know, at least the Mueller probe paid for itself at least twice over with asset forfeiture from convicted felons like Paul Manafort, which is a beautiful thing. Yeah. So I think it's time for Durham to be defunded, close up shop so we can use those resources for actual crimes like insurrection and espionage.
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C
I like it. I like it a lot. And from our friend Adam Klassfeld at Law and Crime, an ex Oath Keepers recruit who is now cooperating in the seditious conspiracy trial against the Group testified on 2 Tuesday that he was willing to take up arms to reverse Donald Trump's election defeat and show the jury his rifle and his pistol to prove his claim. A Marine Corps veteran who retired at the rank of Staff Sgt. Jason Dolan stewed in his disappointment in the 2020 election results when he said a friend told him about the Oath Keepers, an extremist group composed mostly of retired military members and law enforcement and white supremacists. I added that one. But let's move on. Dolan is now a key witness against its leader, Stuart Rhodes and four of its members. And he said that he joined the Oath Keepers Florida chapter as an outlet for his then belief that the election was stolen from the former president. In the signal group titled OkFL. So Oakeepers Florida Hangout Oekeeper, members from the Florida chapter discussed how they would respond to the announcement of President Joe Biden's victory. Well, on December 6, 2020, a member of the chat named Destokes wrote, quote, if they sell out, there will be no protection to the Constitution other than the citizens themselves. Now, Dolan could not identify the person behind that moniker, but he said that the sentiment was widely shared on that. On that platform. Now, a user named okgator1, whom the government and identified later as Kelly Meggs, replied, quote, that would be a very bad thing, adding that there would have to be, quote, repercussions. Steeling himself for the possibility of taking dramatic action, Dolan wrote, quote, I have to be mentally prepared for however far I'm willing to go to stand for America, for the Constitution, for the President, and for the survival of our ideals. Now, the Marine Corps veteran described his reflections of how far he was willing to go to change the election outcome. This is a, quote, if I'm lucky, I get a prison sentence tagged with treason or a bullet from the very people I would protect. That's what he wrote. And he continued, yet I swore to defend this country against all enemies, foreign and domestic. He just has enemies. Wrong. Now, Dolan was never charged with treason, nor was he executed by firing squad, as we know via a military tribunal. Instead, what he happened to him is he faced multiple federal felonies in connection with January 6 attack on the Capitol, and ultimately he pleaded guilty to conspiracy and obstructing an official proceeding.
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A
Yeah, and it's of note, Dana, that Dolan testified today that it wasn't until Trump tweeted that Pence wasn't going to overthrow the election that the crowd began to turn violent. Perhaps a hint that the Department of Justice might be looking into charging Donald also with inciting the insurrection and obstructing an official proceeding.
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C
It would be a beautiful thing.
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A
We shall soon know. Also today, Special Master Judge Deary, reviewing the materials seized by the FBI from Mar? A Lago, Trump's house in Florida, expressed skepticism about on Tuesday about early claims by Trump's lawyers that certain documents were privileged and thus could be withheld from the Justice Department and their investigation. In a phone conference, Special Master, again, we know Judge Deary of the Federal District Court in Brooklyn complained that the log of an initial batch of documents over which Trump is seeking to claim privilege lacked sufficient information to determine whether the arguments were valid. Huh. Where have we seen this? A privilege log that doesn't have a lot of really good information in it. Remember John Eastman?
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C
Yes, I do.
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Judge Deary encouraged Trump's lawyers to give him a better sense of why they believe the documents could be lawfully shielded from the Justice Department's inquiry into whether Trump unlawfully kept classified records at his estate and obstructed the government's repeated efforts to get them. Quote, it's a little perplexing as I go through the log, judge Deary said. What's the expression? Where's the beef? I need some beef.
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C
Where's the beat?
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A
The conference call on Tuesday centered on a small subset of the seized documents, which the Justice Department had already set aside from the main trove. That process was conducted by a filter team, which is a group of agents and prosecutors who are walled off from those conducting the investigation, and a filter team in a process that was approved by Magistrate Judge Reinhardt, the guy who signed off on the search warrant. The disputes about the small batch of records could foreshadow conflicts that could emerge as the rest of the materials come under review. Judge Deary seemed doubtful. For instance, which is a nice way to put it about one document that Trump's lawyers claimed was his personal property, not a government record, but also claimed it was protected by executive privilege, which is a designation that is reserved for government documents.
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C
That's what it's for.
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Quote, unless I'm wrong and I've been wrong before, there's certainly an incongruity there, judge Deary said. He sounds like he's being so patient. The judge also said he wanted more information to support the former president's claims that some of the documents were shielded by attorney client privilege. To that point, he asked for the names of any lawyers connected to such materials and suggested that Trump's team had asserted privilege over other records even though a third party was involved. That's called a third party. That's an exception to attorney client privilege when you share it with a third party, quote, where third parties are involved in the document. I need some understanding why the presence of a third party doesn't defeat the privilege, he said. Jim trustee, apparently very shitty lawyer for Mr. Trump, responded to Deary's invitation to address such matters in a submission by saying, the legal team would certainly take you up on it. All right? As the hearing got underway, Judge Deary also noted that even though Trump's lawyers at one point said their 11,000 or so documents amounted to 200,000 pages, the actual number turns out to be 21,792 pages.
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C
Really? They inflated the numbers. Shocking.
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A
Yeah, I know. I brought this up. Also in today's cleanup on aisle 45 episode. You need to listen to it. It's really good. Now, during the conference, Judge Deary shied at both sides for not resolving more issues themselves, including a dispute over whether a certain unsigned legal letter addressed to the Justice Department had been sent to the government. It remains unclear whether the special master process will play out to its conclusion because as we know, DOJ just appealed to the 11th Circuit in Atlanta to overrule Cannon's original decision to even have a special master in the first place. The appeals court has already blocked a portion of Cannon's order and exempted those hundred classified documents from review. And trust me when I say you need to definitely listen to cleanup on aisle 45. Today I learned something new that has convinced me with 100% certainty that the 11th Circuit will rule in favor of the Department of Justice.
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C
Great, great, great, great. And last year Nancy Pelosi said as rioters raged inside the Capitol on January 6, she was concerned about the Secret Service's treatment of then Vice President Mike Pence. Now this I'm glad she cared. You know, I'm just, I can't. But I'm glad that she cared. The speaker's comments to Andrea Mitchell offer eye opening insight about her mindset as she sheltered at Fort McNair during the pro Trump riot on January 6th. Now, Pence remained under guard in a loading dock, as we know, beneath the Capitol during the six hours that the building remained in lockdown. And his aides said he refused to get into a Secret Service vehicle at the behest of his detail. But they've also said he was primarily worried about giving the riders a victory by pushing him to flee. Pence aides haven't echoed concerns about his potential danger at the hands of Secret Service, which is interesting. Evidence released by the January 6 select committee showed some Secret Service agents fearful of their own safety as they worked to secure an escape route for Pence while rioters closed in on the Senate chamber, coming within just 40ft of MVP and his detail. The committee has also displayed images and audio of Pence working to coordinate with security services to retake the Capitol from his secure location. Pelosi's comments come as January 6th Select Committee's members raised questions about the Secret Service's actions leading up to and during the attack. Now, in recent days, lawmakers have also suggested agents gave inconsistent testimony and are preparing to call some back to testify as they should. And they're still sifting through all that shit that they dropped on them the day before. Million a million records that got turned over from the Secret Service just before the last January 6th hearing. Now this is a quote. There's something going on at the Secret Service, either pure incompetence all the way up on the scale to potentially very criminal activity or just having a preference for one side or the other. And that was from the select panel, Rep. Adam Kinzinger, the Republican. That's what he said Monday on cnn. Now, the agency has been a target of the select panel's investigation for months and its members have viewed the agency with skepticism since the revelation of a mass deletion of internal messages right around January 6th. While Jamie Raskin has described Pence's refusal to get into Secret Service vehicle as one of the most chilling moments the committee has explored, a subtle echo, if you will, of the concerns Pelosi aired on msnbc. But Pence has made no allegations about the motives of any Secret Service officials, in fact hailing law enforcement for its role in protecting him. That's lawmakers in the Capitol now on the Trump subpoena, which came at the end of the January 6th hearing that we were all watching live. Pelosi said she would leave it to the committee to decide whether to refer Trump for contempt of Congress prosecution if he defies the select panel summons.
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A
Yeah, yeah. And day after tomorrow, Bannon gets sentenced for that very crime.
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C
Beautiful thing.
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Yeah. Oh, and tomorrow Trump is being deposed in the Eugene Carroll case.
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C
Yes.
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Go Robby Kaplan. Lots, lots going on. I mean, I don't know how many investigations there could be, but there are all of them. That's how many of them.
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All of them.
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All right. We'll be right back after this quick break with the good news. If you have any good news, you can send it along to us@dailybeanspot.com just click on Contact. We'll be right back after these messages. We'll be right back. Everybody, welcome back. It's time for the good news. Who likes good news?
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C
Everyone?
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A
Then good news, everyone.
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C
Good news. Good news.
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A
And if you have any good news, confessions, corrections, Halloween photos of your pets in costumes, any holiday photos, your favorite place, your happy place. Maybe you're doing some remodeling, maybe you have a wubby and you want to share share a wubby story. Or you want to play what the mutt where you want us to badly guess what breeds make up your beautiful shelter pup. You can send us whatever you want to send us by going to DailyBeansPod.com and clicking on Contact. Dana. I'm going to kick us off with a submission from Gwendolyn W. On changing lyrics of songs for pets. Clancy weighs 20 pounds, is more than 3ft high when he stands on his back feet and has burst out of Several boxes. I rewrote a Tom Jones song for him, placing it together. Great big pussycat.
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C
Whoa, whoa, whoa.
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Great big pussycat. Look at.
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C
Oh, my God.
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A
Look at him in this box.
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C
Look at that face.
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A
That is a man cat face right there.
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C
That is a man cat face for sure.
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A
And a chonker. If he fits, he sits. Look at that.
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C
Oh, my God.
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A
Thank you for that submission. And here's another one.
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All right. This is from Stephen B. Pronouns, he and him. Here are our ridiculously photogenic pets, Trevor the Aussie and sister Xena. Listening to the beans with me every morning.
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A
That's a beautiful cat. That looks like one of those Norwegian forest cats.
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C
Gorgeous. I. I feel like that cat should have a voice like. Like an. Like an adult. Like a. Like an adult, deep man voice when he speaks.
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A
Hello. Yes, hello. Please sit down. I have a story this morning. I ate your hamster.
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C
Yeah.
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A
And then look at this beautiful pupper on the beach.
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C
So cute.
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A
Oh, thank you for that so much. From Alicia. Hi, ladies. Just started listening about a month ago. Welcome. With all the crazy happenings, I need to find out a good news source more in tune with my own f bomb dropping personality. So far, it's been the highlight of my morning routine. Fuck yeah. After battling a teenager to get him up and go to school every day. I was a teenager once. We are hard to get up for school. My pup and I take our daily walk and listen to the daily beans. When I'm getting ready to go, I suddenly remember. I swear this happens every day, that I have a new episode to listen to and I get so excited. Not so much on the weekends. So much sad face. Just wanted to let you know how much I enjoy the podcast. It's so informative. I literally laugh out really loud in the middle of my neighborhood every day. Also, I'm always singing along with the hot notes. Hot notes. Yeah. Alicia, check out cleanup on L45 today. I think you'll like it too. For pet tax, I'm including a photo of my fuzzy baby. We got Max two weeks before COVID closed down the world, so I was able to stay home with him every day. He is my accountability partner every day. And he's helped me recover from a pretty serious back surgery. Ooh, we are so tight. I got into a fight with a German shepherd who attacked him. Ended up with a broken finger and two surgeries to repair it. Oh, man, talk about a mama bear. He is the love of my life, human baby excepted. And I'll do it all again. I mean, just look at him.
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C
Oh, man.
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Love you ladies. Thanks for all you're doing to save us from these fascist pieces of shit. POS's I am so over it.
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C
Look at this dog. The dog. Oh, my God.
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A
The blue eye and the brown eye.
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C
Oh, it's so good.
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A
And the pumpkins. That is a really beautiful puppy.
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C
Oh, sploot. Sweet sploot at the end. Salute in the end. All right, here we go. Hello, beans queens. This is from Andy. Pronouns, he and him. I love hearing the pet songs, so I had to share. Our dog Roxy has a theme song improvised to the tune of a playground jump rope sing song. Here are just a few of the memorable verses.
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A
Hello, my name is Roxy? I like to huff and puff and if you throw the ball for me I'll never get enough Take it.
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C
Hello, my name is Roxy? I eat the sidewalk snacks even though they give me squirty poop attacks?
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A
Hello, my name is Roxy? My pointy ears are keen? I bark at every raccoon before it's even seen?
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C
Hello, my name is Roxy? I like to block the hall and when I turn it sideways you can't get by at all?
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A
Hello, my name is Roxy? My fur likes to shed? You can make a sweater or a blanket for your bed?
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And hello, my name is Roxy? I sniff up, go for holes. I'm really not that picky. I even dig the moles. All right. And of course, I've included a photo of miss Hot pants herself at Mesme Pet tax. Thank you for your daily voice of sanity in a world gone mad. And my goodness, Roxy is calendar dog. Gorgeous.
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A
This is, like, a perfect specimen.
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C
That is a perfect specimen of doggo.
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A
Look at those feets. I want to kiss them.
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C
It's a gorgeous German shepherd. For those of you that aren't getting these pictures, you should. Yeah.
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A
When Pete. When Pete's truck's on here, he's like. And there is a photo of a German shepherd looking forward with a gray wicker couch in the back and some purple flower. He, like, goes all in describing it. He's like, knows he's on a podcast. He's just so clever. I love that guy.
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C
Love him.
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A
And I'm so glad he doesn't have to go to Gitmo, you know?
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C
Oh, I know. We would have missed him. I mean, you know.
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Yeah, I'm gonna see if I can see him when I'm in dc. I'm leaving tonight, everybody. I'm leaving on a jet plane, and I just, you know, I have a little bit of a final thought here. I just wanted to thank everybody who. Who's listening. Seriously. I'm going to the White House tonight and flying to D.C. because of Y'.
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C
All.
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I wouldn't have this opportunity to speak for all of you if all of you weren't here listening. And I'm so, so honored to do this and proud of the work that we've done and all of the work that you all have done as well. And I just wanted to say that. Do you have any final thoughts?
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C
No. I'm just so proud of you. That's it.
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A
That's my final thought. Thank you, my friend. I love you. I love you all. Everybody will be back tomorrow. 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.
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C
And for God's sakes, take someone with you.
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A
I've been ag and I've been dg and them's the beans.
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B
Refried beans. I like refried beans.