Transcript
Alison Gill (0:00)
MSW Media. Hey, everybody, it's Ag. And welcome to Refried Beans, where we play an episode of the Daily Beans podcast from the same week either one, two or three years ago so we can see how far we've come. So please enjoy this episode from days gone by and note the date in the intro. Refried beans. I like refried beans. That's why I want to try fried beans because maybe they're just as good and we're wasting time. Daily Beans.
Michelle Eisen (0:36)
Daily Beans. Daily Beans. Daily Beans.
Alison Gill (0:46)
Hello and welcome to the Daily beans for Thursday, April 13, 2023. A new round of subpoenas goes out from Jack Smith's office. A judge has imposed sanctions on Fox News for withholding evidence. An appellate court rules Pete Navarro still has to turn over the documents he's been withholding. Representative Justin Pearson has been reinstated in the Tennessee House. Donald Trump has sued Michael Cohen for half a billion dollars. And Donald is trying to delay the E. Jean Carroll trial set to begin April 25th. I'm your host, Alison Gill. Hey everyone. First of all, I just want to say happy birthday to Dana Goldberg. She's not here, but she can hear me. Happy birthday. I miss you, my friend. I know she's celebrating wherever she is. Later in the show today, I'll be talking with Michelle Eisen about Starbucks union busting. And local officials have unanimously voted on Wednesday to send Justin Pearson back to the Tennessee State House. Now, I say unanimously, kind of in air quotes because it was a seven to nothing vote because the four Republicans were too cowardly to even show up to cast their vote. Either way, another bad look for what's been going on over in Tennessee. And now they are back. They're going to be advocating for common sense gun laws. Governor Bill Lee now looks like he is interested in signing some additional gun laws. I mean, I guess that's a good thing. It shouldn't have to take what it took or what it's taking, but we should see some changes there very soon. And you know, hey, just like Donald Trump put himself under a microscope when he ran for president, the Tennessee GOP did the same thing. The nation and the world are watching them now. They are not going to be able to get away with this for much longer. And also in Arizona, the Arizona House expelled one of its Republican members for having a conspiracy theorist come in and say that, you know, people were accepting bribes. So she's gone. So that's good. That's a correct move. And I hope this really draws a lot of attention not just to the Tennessee State house, but to all state and local legislatures, state houses, assemblies and senates and city councils for that matter. This is all where the, I guess where the, you know, the real gritty grassroots government takes place. We need to shed a light on it when it's not doing what it's designed to do. All right, we have a lot of news to get to, including. And we'll go over this on Sunday on the episode of Jack, Several more subpoenas went out about looking at more details about Trump PAC spending. Right. Remember how Andy and I talked about, hey, they're looking at fraud now, wire fraud, money laundering. Back in December when CNN reported that several subpoenas had gone out looking at the election defense fund that doesn't even exist and the Trump pac. And then later on in January, we got reporting that all four pacs were being had, questions raised about them, and subpoenas went out. Well, another round of subpoenas went out early March to look at some of that information. And we'll cover that along with some other news about how it seems the Documents case might be finally coming to a conclusion, at least with the obstruction piece. So lots of stuff to go over on the Jack podcast this weekend. All right, everybody, again, we have a lot of news to get to. Let's hit the hot notes. Hot notes. First up from Robertson and Peters at the New York Times. The judge overseeing the Dominion voting system's law against Fox News said on Wednesday that he was imposing sanctions, a sanction on the network Fox, and would very likely start an investigation into whether Fox's legal team had deliberately withheld key evidence, scolding the lawyers for not being straightforward with him. This is a huge last minute bombshell twist in this case. It was already going downhill for Fox. We knew that, you know, that Dominion got summary judgment on falsity so that the prosecution doesn't even have to prove that they were lies. We learned that some key evidence from motions in limine was excluded. Like Fox can't use certain defenses. Not key evidence, but key defenses for Fox aren't going to be able to be used, including their defense that, well, even though they were lies, they were newsworthy lies, they aren't going to be able to argue that either. It's going to be a very difficult case for Fox News and the parent company, Fox Corporation. But you know, jury selection starts here tomorrow and all of a sudden, right before the trial, we get this information about key evidence being withheld. It first came out last night in the Daily Beast. And then this is the Times Reporting today. This rebuke from the judge came after lawyers for Dominion, which is suing for defamation, revealed a number of instances in which Fox's lawyers had not turned over evidence in a timely manner. That evidence included recordings of the Fox News host Bartiromo talking with former President Trump lawyers Sidney Powell and Rudy Giuliani, which Dominion said had been turned over only a week ago. In imposing a sanction on Fox, Judge Davis of the Delaware Superior Court, this is where this is happening, is in Delaware, ruled that if Dominion had to do additional depositions or redo any already done, that Fox will do everything they can to make that person available and it's going to have to be on Fox's dime. All of this Fox will have to pay for. He also said he would likely appoint a special master to investigate Fox's handling of discovery of documents and the question of whether Fox had inappropriately withheld details about Rupert Murdoch's role as a corporate officer of Fox News. That would be damning. Again, the trial is scheduled to begin Monday, jury selection starting today, Thursday. It's not immediately clear that Dominion would avail itself of the judge's ruling that its lawyers could conduct additional depositions. The trial's about to start. The judge told Fox's lawyers to retain all internal communications between themselves relating to the officer issue from the time of March 20. Now, he said he would weigh whether any additional sanctions should be put on Fox based on anything that this potential investigation uncovers. He said he was very concerned that there had been misrepresentations to the court. That is very serious and that's what Judge Davis said. This is very serious. That's a quote we keep on learning, he said, about more relevant information from individuals other than Fox. And to be honest, we don't really know what to do about that, but that is the situation we find ourselves in. She pointed to one email that had recently been handed over between Bartiromo and Powell on November 7, 2020. In the email, Ms. Powell was forwarding evidence to Bartiroma that Dominion said was proof that Fox had acted recklessly. An email From a woman Mrs. Powell relied on as a source who exhibits signs of delusion, claiming, for instance, she was aware of voter fraud because she had special powers, including the ability to time travel and talk to the wind. Quote, I just spoke to Eric and told him you gave me very important information, said Bartiromo to Ms. Powell, most likely referring to Eric Trump. Now, Ms. Brooke also played two recordings for the Court of Pre Interviews. Ms. Brooke is one of the lawyers for Abby Grossman. I believe this is a preliminary conversation before an on air interview done by Ms. Bartiromo that she said were received only after they were revealed in legal complaints filed by Abby Grossberg, a former Fox News producer who is suing the network. Okay, so I'm mistaken. I think it's a lawyer for Dominion. So in one of the recordings, one of the Abby Grossman recordings, and this was on November 8, 2020, the day after the election was declared for Biden, Bartiromo asks Giuliani about the Dominion software. He says it's being analyzed right now. And when she asks about a false connection to Nancy Pelosi, Giuliani says, yeah, I've read that. I can't prove that yet. Now, Justin Nelson, another lawyer for Dominion, asked Judge Davis to deconsolidate the case and focus solely on Fox News at the trial, excluding the Fox Corporation, the parent company, because Fox's lawyers had only recently disclosed that Murdoch, the executive chairman of Fox Corp. Was also the executive chair of Fox News, a role that pointed to more responsibility for its broadcasts. They just learned that. So Dominion wanted to pull apart the cases against the. Because the cases were consolidated against Fox News and Fox Corp. Mr. Nelson said had that information been given earlier, the scope of the discovery of documents would have been much larger and relevant documents could still be missing. Quote, we have been litigating based upon this false premise that Rupert Murdoch was not an officer at Fox News. Now, Judge Davis declined to deconsolidate the case, but expressed concern that Fox's legal team had not been forthcoming with the information, despite being asked multiple times whether or not Mr. Murdoch was a corporate officer for Fox News. Quote, I need people to tell me the truth. And by the way, omission is a lie. That's what the judge said. He also admonished Fox's lawyer, saying he'd previously asked for clarity on who had corporate responsibilities at Fox News but had not heard back. Quote, what do I do with attorneys that aren't straightforward with me? So this is big. This is a big twist and we'll see where all this heads. But appointing a special master, withholding key evidence, particularly recordings of the lies. My God. All right, next up from Kyle Cheney at Politico. A federal appeals court on Wednesday rejected a bid from Peter Navarro to put a stay on the fact that he has to hand over hundreds of government records despite a judge's order to return them promptly to the National Archives. It's been going on for a while. Quote, there's no public interest in Navarro's retention of the records and Congress has recognized that the public has an interest in the nation's possession and retention of the presidential records. That's what the three judge panel of the D.C. circuit Court of Appeals concluded in a unanimous two page order. The Justice Department sued Navarro last year, seeking to reclaim hundreds of records contained in Navarro's personal Proton mail account that the government said should have been returned to the National Archives after the Trump administration came to an end in January 2021. Now ProtonMail is a Swiss company so they can't just swoop in and get them without burning a bridge that you wouldn't that Navarro's not worth burning that bridge. Know what I mean? So they just been trying to claw him back from Navarro and they won several times and he keeps not handing them over. Navarro acknowledged that at least 200 to 250 records in his possession belonged to the government, but he contended no mechanism exists to enforce that requirement and in doing so might violate his fifth Amendment right against self incrimination. He feels that handing over these presidential records would incriminate him for violating the presidential records law. Last month, District Court Judge Colleen Cullercauddily rejected that claim, ordering Navarro to promptly return the records he had identified that Navarro had identified, that is as belonging to the government. But Navarro appealed that decision, rejecting the notion that the Justice Department had any legitimate mechanism to force him to return the records, and he urged the court to stay Caller Cottelly's ruling while his appeal was pending. But the appeals court, which included Judges Patricia Millet and Robert Wilkins, both Obama appointees, and Judge Naomi Rao Rao, a notorious a hole Donald Trump appointee, unanimously rejected Navarro's stay request. Within minutes, Caller caudaly put the squeeze on Navarro, ordering him to turn over the 250 records on or before Friday tomorrow. She also ordered him to perform additional searches for presidential records that might be in his possession by May 8, with further proceedings scheduled for later that month. He has to keep looking and also from Cheney Donald Trump argued late Tuesday that his historic indictment by a Manhattan grand jury requires a delay in another legal matter he faces, which is the defamation suit brought by E. Jean Carroll, who says Trump defamed her when he denied and derided her claim that he raped her decades ago. The former president is slated to defend against those allegations starting in a civil trial April 25. But Joey Tacos that's Trump lawyer Joe Tacopina is urging Judge Kaplan to postpone it for a month, contending the surge in media coverage of Trump's indictment has tainted potential jurors in the civil case. Can you imagine just a regular old defendant who commits a crime and then commits another crime being able to say, hey, we need a cooling off period because I crimed over here and that could taint the jury over here? Fuck no. And Trump has tried multiple times to delay this trial. He even offered, after discovery closed, to give a DNA sample, knowing that it would be rejected because discovery had been closed. He was also trying to play the courts against each other, trying to get his trial scheduled for the same time so that one of them would have to be delayed. And that didn't have to do with the E. Jean Carroll case, but it was E. Jean Carroll's lawyer who notified the judge, saying, hey, they're trying to play you. Holding the trial in this case a mere three weeks after these historic events will guarantee that many, if not most, prospective jurors will have the criminal allegations top of mind when judging President Trump against Ms. Carol's allegations. TACOPINA argued in a late night filing that they should delay this, contending that the intensity of media coverage was remarkable for its volume and incitement of animus toward President Trump among potential jurors. Now, this actually isn't too bad of an argument, right? Like, come on, he was on tv, they followed his plane. CNN was in a boat on the Hudson watching him land in New York. It was everywhere. It was a media circus. Come on, can we give everybody a month to cool out? Now, Taina acknowledged that Trump draws blanket media coverage at nearly all times. But he said Google searches indicated a particularly intense surge of coverage of the charges brought by Manhattan DA Alvin Bragg earlier in the month. Those charges include claims that Trump falsified business records to conceal hush money payments to a porn star to cover up an affair. Because those charges relate to Carol's claims of sexual misconduct, Taina said there's a particularly acute risk that jurors in the civil trial will conflate the issues. Now, Carol responded to Trump's effort Wednesday afternoon, contending that Trump himself is responsible for driving the media interest and coverage of his legal troubles. Quote, if anything, it is somewhat perverse for Trump to seek continuance in these proceedings based on the recent indictment when so much of the publicity he complains about has been driven by his own incendiary statements. That's from Robby Kaplan, Eugene's attorney. They also noted that Trump has turned his indictment into a bid for fundraising and selling campaign merchandise. And he appeared on Fox News just hours before seeking a delay in the civil trial and discussed his pending indictment, quote. Not surprisingly, Trump's mounting legal difficulties have given rise to substantial press coverage and will continue to do so. He is not only a former president, but also a declared candidate in the next presidential election. As a result, each passing week will offer Trump yet another straw to grasp at in his campaign to avoid standing trial for sexually assaulting aging Carroll. Now, here's the thing. If you put this off a month to May 25 from April 25, what else might happen by May 25 to cause another media uproar? An indictment in the documents case, an indictment for racketeering in Georgia, an indictment on defrauding donors? Wire fraud by Trump PACs. I mean, find me a month this year that Donald isn't in danger of being indicted during. It's only going to get bigger. All right, from Shabbat and Barnes at NBC. Donald Trump filed a lawsuit in federal court Wednesday cuz he's trying to keep a low profile against his former lawyer, Michael Cohen, who has emerged as a key witness in the criminal case against the former president seeking more than half a billion dollars in damages for alleged breaches of fiduciary duty, unjust enrichment. Okay. Conversion and breaches of contract. Okay, time to take a swim in Lake U, Mr. Trump. The complaint accuses Cohen of violating his attorney client relationship with Trump by publicly disclosing information about the former president and the spreading falsehoods about Trump likely to be embarrassing or detrimental and partook in other misconduct in violation of New York rules of professional conduct. Okay, dude went to prison. The former president has, quote, suffered vast reputational harm as a direct result of. Of Michael Cohen, not of Trump's own fucking behavior. Michael. My reputational harm comes from what Michael Cohen did. That's Trump's lawyer, Alejandro Brito. This is a new one I haven't heard of. He wrote that in a complaint filed in the US District Court for the Southern District of Florida. Huh. Judge Shopping Munch, Trump's attorney, said Cohen did those things with malicious intent and to wholly self serving ends, Cohen committed the breaches, quote, by disparaging Trump through myriad public statements, including the publication of two books, a podcast series and innumerable mainstream media appearances. According to the complaint, quote, defendant has engaged in such wrongful conduct over a period of time and despite being demanded in writing to cease and desist such unacceptable actions, has instead in recent months increased the frequency and hostility of the illicit acts toward the plaintiff. Cohen's attorney, Lanny Davis, responded to the lawsuit by just laughing for 20 minutes. No, he said Trump appears once again to be using and abusing the judicial system as a form of harassment and intimidation. This is. Cohen is a witness in an upcoming trial against him, and you're suing him. That's. Wow. Trump wants, quote, compensatory, incidental, and punitive damages in the amount that would be determined at trial and would substantially exceed half a billion dol. He also wants any profits or compensation Cohen receives from all of his books, podcasts, and other products. Yeah, this lawsuit, in case you're wondering where my beans are, is going nowhere. It'll probably be withdrawn before sanctions, before they're hit with sanctions. Burrito. Where this Alejandro Brito guy. Hey, you know, maybe talk to Alina Haba and see where you're at with having to pay huge sanctions, fines. Can't believe Haba is still his attorney. Can't believe Corcoran is still his attorney. Christina Bobb got out when she could last year when I said, look, Bob, when we found out Christina, Bob and Corcoran signed that letter, that all the documents, classified documents have been handed over, I'm like, both y'all need to get the fuck off his legal team and, and lawyer up. And Bob did. Corcoran didn't. Now he's been forced to testify under the crime fraud exception in the documents case and hand over all of his handwritten notes and audio transcripts and invoices. Ooh. All right, everybody. We'll talk about that documents case in detail and the wire fraud investigation on this weekend's episode of the Jack podcast. And I'm going to take a quick break right now. I'll be back with Michelle Eisen. She's incredible barista and advocate for unions rights at Starbucks. And we're going to talk about the CEO's testimony to Congress and how they're union busting and retaliatory. They violated the National Labor Relations act every which way. The act, also known as the law. So you, you definitely want to hear that interview. And then, then we'll hit the good news, so stick around. We'll be right back after these messages. We'll be right back. Hey, everybody. Welcome back. I'm happy to be joined today by barista and an organizer at the first unionized Starbucks store. Please welcome Michelle Eisen. Hi, Michelle, how are you?
