← The Daily Beans
Loading summary
Transcript105 lines
- [00:00]
Narrator
When living with cancer, it's important to be informed and know what to expect. But finding the right information can feel overwhelming. That's why understandcancertogether.com is here to help. We've gathered practical information and resources based on where you are in your cancer journey so that you can focus on the important conversations and decisions of today. Understand CancerTogether.com helping you navigate life with cancer one moment at a time.
- [00:31]
Allison Gill
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, the intro Refried beans. I like refried beans.
- [00:55]
Dana Goldberg
That's why I want to try fried beans.
- [00:56]
Allison Gill
Cuz maybe they're just as good and we're wasting time. Hello and welcome to the Daily beans for Wednesday, January 19, 2022. Today, the Select Committee on 16 has subpoenaed Rudy Giuliani, Jenna Ellis, Sidney Powell, and Boris Epstein. The 16 committee has also obtained the phone records of both Eric Trump and Kimberly Guilfoyle. A January 6th defendant's court filing indicates the Department of Justice is trying to establish the involvement of Donald Trump in obstructing an official proceeding. Former Trump administration officials meet up to discuss how to kick him out of the party. And Ginni Thomas signed a letter saying, those who attacked the Capitol did nothing wrong. I'm Allison Gill.
- [01:51]
Glenn Kirschner
And I'm Dana Goldberg.
- [01:55]
Allison Gill
Hello. Happy Wednesday, my friend. It seems all the news is just right now breaking all of a sudden.
- [02:00]
Glenn Kirschner
Of course it is, because you finished the script for today, and then it was like, boom. But, ooh, there's some hot, hot news today.
- [02:06]
Allison Gill
Yeah. And I was sitting around most of the day like, well, hope something big happens.
- [02:10]
Glenn Kirschner
I literally text, this is your fault. This is absolutely. You did this.
- [02:14]
Allison Gill
I literally texted Joelle, you know, who does all our website stuff, and I was like, well, I hope something big happens in the next 30 minutes or, you know, we don't have much of a show. And then, boom, bam. Yeah. So we're gonna discuss all that, and then later in the show, I'm gonna be talking with the host of Justice Matters, Glenn Kirschner, about the news of the day. And something that's just now breaking and developing phone records for Eric Trump and Kimberly Guilfoyle are in the hands of the 16 committee. These aren't the content of phone calls and text messages, just when they were sent and from where. So that should help them kind of put together a little bit of a timeline. And so that's the developing story. There isn't much more else to that story other than they have them. And. Ha, ha, ha.
- [02:58]
Glenn Kirschner
Which also I think is going to make people nervous. And if that is what comes out of it right now, great.
- [03:03]
Allison Gill
Yeah. And the cool thing is, I mean, cool, you know, relatively speaking.
- [03:06]
Glenn Kirschner
Absolutely.
- [03:07]
Allison Gill
Is that they can't object to this. There's no, you know, you can't sue. I mean, they could sue, but they already have these records. They subpoenaed them from a third party. They don't really have any say in records are handed over or not. And so it makes you wonder who else's records do they have? Already we, we've heard, you know, tell that they were looking into Trump Jr. And, you know, a couple other people surrounding that, but these are the first ones that we've heard of directly that they have in their hands. So we'll see where that goes.
- [03:36]
Glenn Kirschner
All right.
- [03:37]
Allison Gill
All right, now on to the rest of the news. That's also just breaking with the hot notes. Hot notes. All right. January 6th, select committee has subpoenaed Rudy Giuliani, Jenna Ellis, Sidney Powell and Boris Epstein. In the subpoena to Rudy, I've read all four subpoenas, all four letters. The committee says, quote, according to public reporting, January 6th and in the days prior, you were in contact with then President Trump and members of Congress regarding strategies for delaying or overturning the results of the 2020 election. Huh? Obstructing an official proceeding. The footnote, by the way, to that little statement points to reporting that he was at the Willard on January 5, that he has said to a Republican senator, just try to slow it down. And then it references other documents on file with the Select Committee. And we know about that Willard reporting from our friend Hugo Lowell about, well, at least about the phone calls. You know, he was the one to break the story about the phone calls from Rudy to Rudy from the White House. Now in this subpoena to Jenna Ellis, traffic court lady, they raised the seven state conspiracy. Benny Thompson says you actively promoted claims of election fraud on behalf of former President Trump, sought to convince state legislators to take steps to overturn the election results. State legislators to overturn election results. According to public reporting. They continue, you prepared and circulated two memos purporting to analyze the constitutional authority for Vice President Pence to reject or delay counting electoral votes from states that had submitted alternate slates of electors. There's that key phrase. That's that whole seven state conspiracy. Now, for Boris Epstein, who's just been. We've been talking about this for years. The committee says he published reports have placed you at the meetings at the Willard Hotel in the days leading up to January 6th. And you are reported to have participated in a call with former President Trump on the morning of January 6, during which options were discussed to delay the certification of election results in light of Vice President Pence's unwillingness to deny or delay certification. So they have evidence of that. What could it be? If they have evidence of a phone call between Boris and Trump, that means somebody at the Willard is talking.
- [05:53]
Glenn Kirschner
Whoopsie.
- [05:53]
Allison Gill
Hmm. And finally, I was really looking forward to reading Sidney Powell's because, you know, we went over yesterday how 27 of her plaintiffs in the Kraken lawsuits were also signed fake electors on those forged certificates, and that she is currently under federal criminal investigation in the Department of justice in D.C. there's a federal grand jury headed up by Molly Gaston, assistant U.S. attorney there to handle these, you know, politically charged 16 investigations criminally DOJ. And they say the Select Committee's investigation has revealed credible evidence that you publicly promoted claims the 2020 election was stolen and participated in attempts to disrupt or delay the certification of of election results. Based on your allegations between mid November 2020 and January 6, 2021 and thereafter, you actively promoted claims of election fraud on behalf of the former president. In litigation and in public appearances. The Select Committee seeks evidence you relied upon in making those claims. There is none. And according to public reporting, in December 2020, you urged President Trump to direct the seizure of voting machines around the country to find evidence that foreign adversaries had hacked those machines and altered the results of the election. And that's the whole. You know, she's been sued for her slander, for her defamy of Dominion, as has Rudy Giuliani, for like, $1.6 billion. Now, the letter doesn't mention the fact that 27 of her plaintiffs also forged certificates worth signatories on those forged election documents. I've reached out to my contacts in the committee to make sure that they know. I'm sure they're aware. And there's also something else I want to consider here, and this isn't in the script. I'm going to go off script a little bit here and put some beans on this, because if the committee is working with the Department of Justice to ensure that they don't fuck up the Department of Justice Criminal investigation into Sidney Powell. There may be some things that they've been instructed not to discuss with her.
- [07:49]
Glenn Kirschner
Absolutely.
- [07:50]
Allison Gill
I don't know that to be the case, but I find it, since it's mentioned in the other letters, this, you know, the seven state conspiracy, I find it glaringly absent from this one. And I don't know if that means, if that's because of their investigating Sidney Powell criminally, if that means they're not investigating the other people, Rudy Giuliani, et cetera, criminally for that seven state conspiracy. It's just interesting that it, it wasn't mentioned. Now they, you know, they did say, you know, you tried to obstruct the proceeding based on your, you know, election lies and your bullshit lawsuits, but they, they didn't mention those plaintiffs. And I thought, I thought that was. So anyway, I reached out to my lines in the committee and said, just, you know, I'm sure they know, but just in case, you know, let them know.
- [08:32]
Glenn Kirschner
Well, I look forward to hearing what you hear back.
- [08:35]
Allison Gill
Me too.
- [08:35]
Glenn Kirschner
From your lines. Now, this is a raw story. So it's been less than a week since 11 Oath Keepers were arrested with seditious conspiracy, but the spouse of Justice Clarence Thomas leaves that quote, they have done nothing wrong. Now, yeah, Charlie Sykes pointed out to a letter signed by Ginni Thomas, along with many other fringe conservatives like the Family Research Council, the chair of the Tea Party Patriots Fund, and the president of the Club of Growth. The letter speaks out against Liz Cheney and Adam Kinzinger, who serve on the January 6th Committee, which bothers Republicans who believe the GOP should be unified in protecting those who participated in the couple, as three retired U.S. army generals characterized it. So, and this is a, quote, the actions of Reps. Cheney and Kinzinger on behalf of House Democrats have given supposedly bipartisan justification to an overtly partisan political persecution. That brings disrespect to this. This is the part that brings disrespect to our country's rule of law, legal harassment to private citizens who have done nothing wrong and which demeans the standing of the House. Now that was the letter that Thomas signed. Yes.
- [09:46]
Allison Gill
They're demeaning the House. Not like Jim Jordan or Matt Gaetz, sex trafficking minors or anything, or Marjorie Taylor Greene being fined now, I think like $75,000 for refusing to wear a mask. All. It's, it's them. It's Kinzinger and Cheney. Okay.
- [09:58]
Glenn Kirschner
Of course. Now this adds to the questions about Mrs. Thomas that surfaced after the attacks at this U.S. capitol on January 6th. So on January 6th, she was supporting the violence as it unfolded on her social media. When screen captures were being circulated, she promptly deleted her Facebook account, as law and crime observed at the time. So she was circulating these and as soon as she got caught, she was like, no, no, no, no, no. This is a quote. Even worse, however, is the fact that no matter how far his wife takes her antics, Justice Thomas will likely not face any real repercussions for it. And that's CNN noted in their expose of Mrs. Thomas went on to say, under federal law, justices must recuse themselves from cases in which their impartiality might reasonably be questioned. And I do think this is such a case, or where their spouse has an interest that could be substantially affected by the outcome. However, such recusals almost never happen on the Supreme Court. The reality is that while Congress can impeach justices for egregious conduct, a step not taken since 1805, there's no real mechanism for enforcing ethical rules against them. Mm Kavanaugh yeah, that's exactly what I was thinking of.
- [11:10]
Allison Gill
I like beer. Up next, Brandon Straka, a Donald Trump ally who spoke at the January 5th Stop the Steal rally in D.C. and has since pleaded guilty for joining the mob that stormed onto the grounds of the U.S. capitol the next day, has provided investigators with information they say may impact the government's sentencing recommendation. That's an indication that Straka, one of the few January 6th defendants who is also of interest to congressional investigators, is cooperating with prosecutors in a substantive way. And today Straka lawyers filed a response to the government sentencing memo that happened a week ago and they did this in D.C. district court. Their filing, Straka's lawyers filing says before the court is the sentencing of defendant for a single misdemeanor violation of 40 U.S. code Section 5104E2D, disorderly conduct on the Capitol grounds. On this class B misdemeanor, the government filed a 30 page sentencing position filled with hyperbolic rhetoric, out of context statements of defendant and non relevant conduct designed to stoke political flames. The government fixates on the defendant's social media following and is apparently attempting to make a public example of a prominent Trump supporting influencer. In its brief, the government attacks defendants constitutionally protected speech, beliefs and and activities. Okay, I've read, by the way, the government sentencing memo. It does none of that. This particular filing goes on to say defendant accepts full responsibility for his conduct at the Capitol, has expressed remorse for entering restricted Capitol grounds and evaluating an appropriate sentence for this offense. The following factors weigh heavily. One, he didn't enter the Capitol. Two, he didn't engage in any violence. Three, he didn't possess any weapons. And four, he accepted early responsibility for his conduct and voluntarily submitted to three separate government interviews. And then the bombshell. The lawyer says during those interviews of Brandon Straka, the government was focused on establishing an organized conspiracy between the defendant, President Donald J. Trump, and allies of the former president to disrupt the joint session of Congress on January 6th. Huh.
- [13:14]
Glenn Kirschner
Look at that now.
- [13:15]
Allison Gill
The attorney went on to say Straka denied the existence of such a plot and then cited a since debunked Reuters article alleging the FBI has found scant evidence that the US Capitol attack was coordinated. It was. He insists the government is trying to make an example of Straka. Like I said. And as we know, we have clear evidence the Capitol attack was fucking coordinated. If not by Straka and Trump specifically, at least by domestic terrorists like the Oath Keepers, who are now charged with seditious conspiracy. But the key statement here is the feds are investigating Trump's role in the attack on the Capitol. The government asked for four months in their sentencing recommendation, four months of prison time. Because Straka is high profile. He's got, like, a quarter of a million followers. He had calls for an uprising and a Civil War on January 6th leading up to the attack. His lawyers argue that that is somehow protected speech. They also say his calls for a revolution during his rally speech on 15 are protected and that the government should only consider what he did on the day of the attack. And they're asking for no prison time. He's actually spent two days in jail, and they want to call that time served.
- [14:19]
Glenn Kirschner
Oh, good Lord.
- [14:20]
Allison Gill
But during the attack, he prodded rioters to storm the Capitol, and there's a video of him encouraging rioters to take a shield away from officers by force. His lawyer doesn't think that should count against him, either. We'll see what happens.
- [14:33]
Glenn Kirschner
I really do have to wonder why these people went to law school. Oh, my goodness. Okay, last story in this segment. Around three dozen. Okay, three dozen. Former Trump administration officials disillusioned with their former boss and concerned about his impact on the GOP and the nation. They held a conference call last Monday to discuss efforts to fend off his efforts to, in their view, erode the democratic process. Several participants told cnn. So these are firsthand accounts. The only items the group seemed to agree upon in its first meeting, however, were that they're not sure what their way forward should be. And that they are way behind in the efforts of former President Donald Trump and his allies to set the stage for 2022, 2024 and beyond. Now, the high ranking participants was former White House Chief of Staff and retired Marine General John Kelly. He told CNN that because of prior commitment, he was only able to monitor about 10 minutes of the call, which lasted about an hour. Why do I feel like that was a really poor decision? Other participants included the former Trump White House Communications Director Elissa Farah Griffin. She's actually now a CNN political commentator. We've got Scaramucci on the call. Yeah, the call lasted five Scaramucci, which is interesting. We've got former Homeland Security and Counterterrorism advisor to Vice President Pence. Olivia Troy was on the call, former Department of Homeland Security official Elizabeth Newman, and former Director of the Cybersecurity and Infrastructure Security Agency, Chris Krebs. This is among others. We got Stephanie Grisham, who first publicly discussed this group a couple of weeks ago on CNN's New Day, was not on the call because she was sick with COVID 19, although she told CNN she is engaged with the group now. In this unofficial group which has no name, membership or specific goals as of right now, ag no direction or anything at all. If they hope to have any impact, they need to act quickly from coast to coast. Trump is actively supporting candidates who support his lies that the 2020 presidential election was stolen and are seeking to replace both Democrats and conservative Republicans who followed the law, the U.S. constitution and the facts regarding the election. And we've seen this, we just talked about it yesterday, where a Republican candidate is not accepting his 80 to 20% defeat in a Democratic area. So we can see the effects of this. And, and this group as well, meaning as they are, seems to have no fucking direction right now.
- [16:59]
Allison Gill
No, no. And you know, he's supporting all kinds of candidates who want to be secretaries of state and heads of election counting in states like Arizona, Nevada, New Mexico, you know, just whatever random key swing states that he lost in 2020. But yeah, so this is, you know, very big news day and that's very big news. And we will be, as usual, following all of this. And I'll be back right after this to talk about it with Glenn Kirschner, host of Justice Matters. We're going to discuss the news of the day. Stick around after these messages. We'll be right back.
- [17:34]
Dana Goldberg
Now is your time to get into a new Dr. Horton home by taking advantage of their national red tag sales event going on right now through January 19th stop by any of their participating communities and find select red tag homes at incredible pricing. So whether you're buying your first home or looking for an upgrade, you don't want to miss the red tag sales event going on right now. Discover the Dr. Horton difference at Dr. Horton.com that's drhorton.com Dr. Horton America's builder and equal Housing Opportunity Builder.
- [18:06]
Narrator
When living with cancer, it's important to be informed and know what to expect. But finding the right information can feel overwhelming. That's why understandcancertogether.com is here to help. We've gathered practical information and resources based on where you are in your cancer journey so that you can focus on the important conversations and decisions of today. UnderstandCancerTogether.com helping you navigate life with cancer one moment at a time.
- [18:36]
Allison Gill
Did you know that parents rank financial literacy as the number one most difficult life skill to teach? Meet Greenlight, the debit card and money app for families. With Greenlight, you can set up chores, automate allowance and keep an eye on your kids spending with real time notifications. Kids learn to earn, save and spend wisely and parents can rest easy knowing their kids are learning about money with guardrails in place. Sign up for Greenlight today@Greenlight.com podcast everybody. Welcome back. I'm joined today by the host of Justice Matters, one of the most important, I guess, YouTube shows. Is that what you would call it?
- [19:13]
Unknown Speaker
I guess.
- [19:13]
Allison Gill
And podcasts out there, it's Glenn Kirshner. Hi, my friend. How are you?
- [19:17]
Unknown Speaker
Hey, hey G. How are you?
- [19:19]
Allison Gill
I was waiting all day for news to break so I could write a script for a show today. And then right at the end of the day, for some reason, bam, bam, bam. We got all these stories. Now. I will say this though. Earlier on today, Hugo Lowell from the Guardian, who I've I've spoken to on several occasions, said that it looks like members of the 16 committee are perhaps reticent to subpoena members of Congress who were involved in the insurrection because it, you know, they're afraid of payback from the Republicans next year, as though Republicans next year aren't just going to do all this stuff anyway, go hard or go home.
- [19:59]
Unknown Speaker
Because is there anybody in their right mind who would say, you know what, maybe if we play nice with the Republicans, maybe if we decline to subpoena members of Congress who plainly have information relevant to the insurrection, maybe the Republicans will treat the Dems well when and if they take power. I mean, what kind of special insanity is that of Course, the Republicans are going to mistreat. They beat the Democrats like a rented mule every chance they get. And they're gonna do it again when they take power, regardless of whether the Dems play hard or play soft. Right now, they have to play hard. And we can forever debate and discuss and legal naval gaze the question of can Congress subpoena one of its own? There's no answer to that question. Importantly, there's no prohibition, there's no law, there's no statute, there's no case precedent that says Congress can't do it. Inferentially, I would suggest that leads to the conclusion Congress can do it. But there's only one dang way to find out. Do it. Just like we need to start considering fighting corruptly delivered presidential pardons. You don't know what you don't know. Get these things into the courts, get some precedent ag. So we're not finding ourselves in the same position a year from now, four years from now, ten years from now.
- [21:35]
Allison Gill
Yeah. And tell you about a week ago, I might have said, you know what, what if you subpoena them and because they're members of Congress or because of certain clauses in the Constitution, speech or debate clause, the Department of Justice is reticent to actually indict them for criminal contempt. And even if they do, by the way, it's a 30 day sentence and it's gonna happen probably in a year and a half. So, you know, so even if that does happen, it's. It seems like a kind of a lot of dust to kick up for a little bit of noise. But a week ago I might have said, mm, I don't know if we've got a ballsy enough DOJ for this, but with the seditious conspiracy indictments for Matthew graves In the D.C. u.S. Attorney's office, I feel like who would be the ones that would be the office that would be responsible for indicting. They indicted Bannon. They're still considering whether or not to indict Meadows, maybe, maybe one sixth committee is waiting to see how that goes since he was the Chief of Staff. But he's not a member of Congress, so it doesn't really track. But I feel like this D.C. u.S. Attorney might have some chutzpah, have enough chutzpah to actually indict these members of Congress. But the worry being if they don't, if he doesn't, if they don't, that could weaken the congressional subpoena. But I don't see how you could weaken it any more than it's already weakened.
- [22:45]
Unknown Speaker
No, it is tissue paper week already. And, you know, I was just on the readout a few minutes ago, and again, I raised the idea of inherent contempt. And even Barb McQuaid, who's much more circumspect, not to mention way smarter than me, agreed. It may be time to take that tool out of the toolbox to try to compel testimony, because remember the Mark Meadows of the world, he's already thumbed his nose at the House Select Committee. He said, I ain't testifying. So he was referred for possible prosecution. If the D.C. u.S. Attorney indicts him, as I hope he does, all that means is then there will be a long, protracted criminal prosecution that could result in him getting no less than 30 days in prison, no more than a year in prison. So what does that get the House Select Committee by way of relevant information? Bupkis. That's what it gets them. But you know what? If you use your own lawful power of inherent contempt. Oh, Mark Meadows didn't come. You send the Sergeant at Arms, as supplemented by the Capitol Police, out to take Mark Meadows into custody. You put him in one of the four lovely jail cells that Capitol Police headquarters until he agrees to testify and purge the contempt. Let him file suit AG. Let him say, I don't like the way you did that. I don't think it comports with my due process rights. Because you know what we have on our side? We have Supreme Court precedent, albeit from the 1930s, saying this is a lawful power of Congress. So let's do it, because if we don't do it, we're just playing against ourselves. Ourselves being the people who love democracy and care about its health and vitality.
- [24:34]
Allison Gill
Yeah. Or you could even pass some constitutional due process by way of a resolution that would only require a majority of votes in the House of Representatives. I know that Ted Lieu has written one up, but it doesn't offer any confinement. It just offers really heavy fines. I think you need to go with the confinement. And that's why I'm. I think if Department of Justice would come in and subpoena these folks to a grand jury and they failed to show up, then we have civil contempt. And that's what happened with McDougal. Right. When she was jailed for an additional 18 months during Whitewater. That's for some reason the civil contempt. And that branch of government has a much stronger subpoena power than Congress, even though they're not supposed to by the Constitution. But something I think needs to be done. Let's Shift gears a little bit right here. At the end of the day, we found out we've got subpoenas for the Kraken elite strike force. Members of Rudy Giuliani, Jenna Ellis, traffic court lawyer, and Sidney Powell, who's under Federal criminal investigation in D.C. right now by Merrick Garland. And then of course, Boris Epstein, who's just a fantastic fella, but he was on the phone with Trump from the Willard, as was Rudy Giuliani. And so we've got those subpoenas now. And I think, legally speaking, because neither of them are members of Congress, Meadows was touchy because he was Chief of Staff, but here are actual subpoenas you could make, comfortably, I think, criminal referrals to the Department of Justice. If they fail to come in, I don't think we're gonna get any truthful testimony out of these guys. But they have at least been subpoenaed.
- [26:03]
Unknown Speaker
Yeah. And these are, on the one hand, they're important subpoenas. Why? Because it shows that the investigative circle is tightening. And it's tightening around who? Donald Trump. And I hope to heck AG we get to start talking soon about what's called the Hub and Spoke conspiracy, which is a lesser used model of conspiracy. We typically use a pyramid. Right. Think of the mob. You got the wise guys and the foot soldiers. You got the lieutenants, you got the capos and the underbosses, the consigliere. You got the big mob boss. You know, those conspiracies look like pyramids. We also use them to go after corrupt organizations, corrupt corporations and businesses. Think the Trump Organization. That's kind of the way it's structured. But then you've got something called the Hub and spread. I don't wanna take up too much time because I hope we're gonna get to talk in great detail about this in the future. Because Donald Trump is at the Hub and you have all these spokes that radiate out. They may not be in a conspiracy with one another, but they are all in a conspiracy with Donald Trump because they're all doing his dirty bidding to try to help him retain power unconstitutionally. So whether it's Jeffrey Clark sprouting out this way by trying to corrupt and weaponize the Department of Justice, or John Eastman this way with his treasonous memo, or Bannon and others who are at the Willard Hotel, or maybe, or the Oath Keepers in their own little seditious conspiracy, or Janet Ellis over here trying to give legal cover for Mike Pence to disregard Electoral College votes, or Sidney Powell, I mean, that's what is. Or the false electors, the fraudulent electors. Right. It's a hub and spoke conspiracy and I hope the Department of Justice starts getting after it. I believe they're already investigating it. I got way off track. Let me go back to these subpoenas because they're important, right? Because the criminal circle is tightening around Donald Trump. But I don't wanna rain on the subpoena parade because these subpoenas are only as good as the evidence they produce. And look at what the Mark Meadows subpoena has produced. Not a whole heck of a lot, nothing by way of testimony. So let's see what these subpoenas produce. I'm with you. That these people should not only be referred for prosecution, which is wonderful. Punish them if they decide to refuse to comply with the subpoena, but let's also use the inherent power of contempt to compel in real time their testimony. Here's the other thing. These characters, all of them are likely going to have fifth Amendment rights against self incrimination. So Giuliani, we all know is under federal investigation. Heck, a federal court judge in New York concluded there was probable cause to believe there was evidence of crime in Rudy's electronic devices. We know he's under criminal investigation. It is not a heavy lift for Rudy to walk into the House Select Committee and say, yeah, I invoke my Fifth Amendment rights. So if, you know, his lawyers will undoubtedly advise him to do that. I know it's a bad look, but most of these witnesses I think have a viable fifth Amendment to invoke. And that is one way they can lawfully dodge the subpoena, lawfully avoid testifying before the House Select Committee.
- [29:21]
Allison Gill
And us not hearing that Rudy Giuliani might be criminally being investigated by Department of Justice for his participation in the insurrection doesn't necessarily mean that it isn't happening. Because in those seized devices, which were taken in April by the way, well after January 6th, Barbara Jones, a special master is going through them looking for, I almost said fraud crime exceptions, but looking for executive or attorney client, attorney client privilege. And if there are crimes uncovered in that, if the Department of Justice in the warrant to seize those devices wasn't already looking for January 6th stuff, all they need to do is issue another warrant to get those materials. They don't have to call him in, they don't have to subpoena him, we don't have to hear about it. It could all be real hush, hush behind the scenes. And then the same with Sidney Powell. I noticed in her subpoena they didn't mention the fact that 27 of her Kraken lawsuit plaintiffs are also people who signed their names to fake election certificates. That wasn't brought up in her subpoena letter, which made me kind of wonder. Hmm. Is Department of Justice already investigating that? And is that to something that the committee spoke with the Department of Justice about, perhaps to leave that one alone for now or, you know, I don't know. I'm not sure how it works. But, you know, like you've told us several times, if you're prosecutor, you want to get that information first before you release these witnesses to any kind of a congressional committee. Yeah.
- [30:40]
Unknown Speaker
And that's really the curiosity to me is how it is the Department of Justice is letting the House Select Committee, no offense, but a bunch of members of Congress, a bunch of politicians who are not necessarily investigating this, as a prosecutor would. How are they letting members of Congress be the first ones to put their hands, so to speak, on witnesses and develop their sworn testimony? Because that can be perilous to a successful prosecution down the road? That's a curiosity. But listen, Merrick Garland and his top officials understand all this. They know all this. I have no doubt in my mind they have a plan. It may be an unconventional plan, but they're executing the plan in the way they see fit. And just because it's not following the normal model, I don't equate that with. They're not investigating Trump and company.
- [31:40]
Allison Gill
No. And Zoe Lofgren told. I think it was Chris Hayes. It was somebody on msnbc. Zoe Lofgren, who's on the committee, said that many of the lawyers running the 16 committee and doing the questioning are former U.S. attorneys. So I thought that that was a very. I thought that was very interesting because that would mean, you know what? I don't know what it would mean, but it's an interesting point.
- [32:05]
Unknown Speaker
Let me add an important piece to this. You know who the chief legal counsel is for the 1 6th committee? It's a guy named Tim Heaphy.
- [32:12]
Allison Gill
Okay.
- [32:13]
Unknown Speaker
Tim is a longtime colleague of mine. We started together at the U.S. attorney's office. He was part of the RICO prosecution that I was part of. There were three RICO trials. He did the first, I did the second and the third. I know him extremely well, and I'll tell you, he is all about an aggressive investigation to hold all wrongdoers accountable. And he's a trial lawyer's trial lawyer. I've watched him try cases and was inspired by. By the way he prosecuted cases. I saw him give an opening statement in part one of our RICO trial against the biggest gang ever Prosecuted in Washington, D.C. the Kevin Gray Rodney Moore crew. They ran the drug trade. They ran guns. They were known by the Washington Post as Murder, Incorporated, Murder, Inc. Because they killed 30 people, including members of their own conspiracy who tried to leave the family. I watched him give the opening statement in that RICO trial. That trial lasted one year in federal court before Judge Lamberth, who I like very much. And let me tell you, Tim knows what he's doing. And he's the chief legal counsel. He was general counsel for the University of Virginia. I think he took a leave of absence from that work to come be chief legal counsel for the 16 committee. I'm telling you, hold on tight because he knows what he's doing.
- [33:36]
Allison Gill
Excellent. Excellent. And I do hope despite there seeming to be signs or reporting that the committee is working closely with the Department of Justice, I can't see former U.S. attorneys sitting and working on the 16 committee without making sure that things are cleared up with the Department of Justice. Like it just slipped your mind. But you're a former U.S. attorney. That doesn't make sense to me. All right, thank you very much, everybody. Check out Justice Matters. Glenn Kirchner, I appreciate your time. Thanks, A.G. everybody, stick around. We'll be right back with the good news.
- [34:05]
Dana Goldberg
Now is your time to get into a new Dr. Horton home by taking advantage of their national red tag sales event going on right now through January 19th. Stop by any of their participating communities and find select red tag homes at Incredible Pricing. So whether you're buying your first home or looking for an upgrade, you don't want to miss the red tag sales event going on right now. Discover the Dr. Horton difference at Dr. Horton. That's Dr. Horton.com Dr. Horton, America's builder and equal housing opportunity builder.
- [34:36]
Narrator
When living with cancer, it's important to be informed and know what to expect. But finding the right information can feel overwhelming. That's why understandcancertogether.com is here to help. We've gathered practical information and resources based on where you are in your cancer journey so that you can focus on the important conversations and decisions of today. Understand CancerTogether.com helping you navigate life with cancer one moment at a time.
- [35:08]
Allison Gill
Latte, anyone? We all have those little everyday expenses, right? But what if you could get something really valuable for the cost of your daily coffee? Greenlight's Money app for families helps teach your kids about money, savings, chores and allowance. Even investing. Starting at just $5.99 a month. That's even cheaper than coffee these days. Energize your whole family with a subscription that unlocks lifelong money lessons. Try Greenlight risk free@greenlight.com podcast. That's greenlight.com podcast to try greenlight today. All right, everybody, welcome back. It's time for the good news.
- [35:40]
Dana Goldberg
Who likes good news?
- [35:41]
Unknown Speaker
Everyone?
- [35:42]
Allison Gill
Then good news. And if you have any good news or confessions, corrections, anything you want to send in photos. We love Pod pet Tax. Want to play what the Mutt or find the Cat? Whatever you want to send us, you can do that by going to DailyBeansPod.com and clicking on Contact. Let me do the first two here because they're pretty short. Sound good?
- [36:09]
Glenn Kirschner
You got it. Sounds great.
- [36:10]
Allison Gill
All right, first up from Jim. Correction and a request. Please don't say the seven states sent those slates of false electors. New Mexico, which has had a solid blue state government and five of six Dems in congressional delegation, didn't send them. The seditious, lying Republican state party, which is a permanent minority here, sent them. And it was a surprise to the rest of the state when we heard about it. I got you, Jim. Yeah, these are all fake electors sent by shitbags. Not anything official. Next up from D. No pronouns given. Hello, AG Love the pod. Just an FYI on the Cheeto Bonito tweet about pence. It was actually at 2:24 Eastern Time during the insurrection, further putting pence in danger. I think the screenshots were from someone in England, possibly. Oh, all right.
- [36:55]
Glenn Kirschner
Ah, interesting.
- [36:56]
Allison Gill
Makes sense.
- [36:56]
Glenn Kirschner
There you go.
- [36:57]
Allison Gill
Thank you.
- [36:57]
Glenn Kirschner
All right, shall I grab the next two? You got it. Oh, perfect. I get pet pet ticks. Pet pet ticks. You heard me. Pod pet picks. All right, this is for Mary. Whatever. This is for Mary. Pronouns. She and her. Hello, ag, Dana and Amy. Good news for the week is that I was able to donate $25 to my local animal shelter earlier this week in memory of Betty White, whose 100th birthday was on January 17th. I wish that I could have given more, but I'm glad that I was able to honor her memory in this way. I'd also like to point out that Betty White and Michelle Obama share the same with birthdays. So, you know, those are two badass women that have done amazing things. Anyway, I just wanted to point that out as a host of the podcast. Okay, Brandi. This is from Brandi Pronouns. She and her just started listening to your podcast and loving it. My coworkers probably think I'm crazy with My sudden bursts of laughter. But I'm fine with that. Here is my pet Tax. This is Doc, our 16 year old Jack Russell and his little brother, Wasoshe. I kind of love that Washoshe, which means daring warrior in Lakota. Oh my gosh. Wonderful. He's so smart and full of energy. He keeps the old man on his toes. He's a two year old papillion. Papillion. How do you say that?
- [38:09]
Allison Gill
Papillon.
- [38:10]
Glenn Kirschner
Papillon. Thank you. I knew that the ll was not a hard l, but I couldn't remember a two year old papillon. My husband and I love going home after a long day and spending time with our babies. Look how cute this dog is.
- [38:23]
Allison Gill
And see, because Papillon is French for butterfly. Oh. So does that make sense with the ears?
- [38:28]
Glenn Kirschner
Of course. Thank you, Papillon.
- [38:32]
Allison Gill
Look, the face. The little smile on the Papillon's face is just so adorable.
- [38:37]
Glenn Kirschner
Oh, these dogs are beautiful. Thank you for this.
- [38:41]
Allison Gill
So cute. Thank you for sending those in. Up next up, it's Kitty. Roberta pronounced she and her to the wrangler of the flying hope monkeys, beans queens and fellow Leguminati. Follow up, Jizzy. Gizzy is pronounced like Lizzy, as in Liz Warren. Yeah, I know. But is it Gizzy or Gizzy? Yeah, we're not.
- [39:00]
Glenn Kirschner
We got the end. Ag's a little confused about the beginning because Jizzy doesn't sound like it should be the name of an animal. Gizzy, on the other hand, because Ag sometimes thinks like a very teenage boy. I do. Or you know what? Also a teenage girl. Because we think they think about this stuff too. So that was the confusion. Roberta. So we'll finish this, but if you can can clear up the first part for us, that would be fantastic.
- [39:25]
Allison Gill
Hard G. Hard Gif. Hard G. Gif. Pronounced like Lizzie, as in Liz Morin, whom I voted for and adored. She was my first choice too. I love you gals like flying monkeys love ripe bananas. I'm leaving you with a pod pet pick tax. I have a. Louie Gohmert is dumber than Louie Gohmert is dumber than himself because no one is as dumb as that useless mass.
- [39:44]
Glenn Kirschner
That's all right. I like that one.
- [39:46]
Allison Gill
Look at the kitties. Oh, there's some. There's one in a box. That's very good.
- [39:50]
Glenn Kirschner
Oh, my goodness.
- [39:51]
Allison Gill
Oh, that orange tabby is adorable. Look at that man cat face.
- [39:54]
Glenn Kirschner
I love that. That kitty in a box is very asleep too. Soup's comfortable. Super comfortable.
- [40:00]
Allison Gill
Yep. All right. Do you take the Next one. And I'll take the last one.
- [40:02]
Glenn Kirschner
You got it. We look forward to hearing back from you again, Roberta. We need clarification. All right, this is from Mommy salami. Pronouns she and her hi beans. Queens wanted to extend the holiday season with my favorite roll recipe. Our family makes these every Thanksgiving. And making them for my kids reminds me of loaves of braided bread my mother made in our kitchen. It's an easy recipe and so worth it. I'm just laughing. Mommy salami. Because in my mom's kitchen, braided bread was challah.
- [40:28]
Allison Gill
Challah.
- [40:28]
Glenn Kirschner
Challah. All right. For pet tax. Meet Nora Loving, our weekly drive up the coast. And Stella will go anywhere as long as there are puppuccinos somewhere available.
- [40:39]
Allison Gill
Usually somewhere.
- [40:40]
Glenn Kirschner
Love the show. We have the recipe for the potato onion rolls, which already sound delicious. Cause apparently I'm craving carbs. An adorable dog with their head out the window. And some tongue. And there's some chow chow in there.
- [40:51]
Allison Gill
Because there's definitely some chow chow in this dog. Look at that tongue.
- [40:58]
Glenn Kirschner
Oh my gosh. So sweet.
- [41:00]
Allison Gill
Cute. Oh, and look at the fluffers. Looks like part cattle dog, right?
- [41:06]
Glenn Kirschner
Little the lab, maybe. Oh yeah, for sure. Black lab and cattle bug. I think you're right. There's definitely healer in there. Look at the paws.
- [41:13]
Allison Gill
Help me up. So cute. Little spots. All right, thanks for that submission. Really appreciate it. Next up from Dale, I have sort of a misheard mutt. Around the first grade, we listened to a song about dog breeds. The line I remember is, I'm a ch ch ch ch ch Chihuahua. Not being aware of Chihuahuas at the time, I thought there was a breed of dog named a ch ch ch ch ch ch Chihuahua. Nice.
- [41:39]
Glenn Kirschner
Well, there you have it.
- [41:42]
Allison Gill
It sounds like the beginning of the Bionic Man Chihuahua.
- [41:48]
Glenn Kirschner
And I'm thinking munchy munchichi. Also cute.
- [41:54]
Allison Gill
I love my manchi chi.
- [41:56]
Glenn Kirschner
Munchy chichihuahua. Oh man, we're loopy. I like it.
- [42:04]
Allison Gill
I know, I know. Did you get a very long nap yesterday? I was up pretty late. I didn't get. I didn't get as long of a nap as I want, but I might try again today.
- [42:11]
Glenn Kirschner
I think I was asleep by 9:45 and I woke up at 7:00 this morning.
- [42:15]
Allison Gill
Awesome. Do you have any final thoughts before we get out of here?
- [42:18]
Glenn Kirschner
Just a quick reminder. Tell the ones you love them that you love them. It's more important than ever right now to express that. So you never know. Moments can change. Things can happen. So tell those people around you that.
- [42:30]
Allison Gill
You love them 100%. Agree. Here, here. I second that motion. And until tomorrow, take care of yourselves, take care of each other, take care of the planet, and take care of your mental health.
- [42:40]
Glenn Kirschner
I've been AG and I've been dg.
- [42:41]
Allison Gill
And them's the beans.
- [42:42]
Dana Goldberg
Refried beans.
- [42:43]
Allison Gill
I like refried beans.
- [42:45]
Dana Goldberg
Now is your time to get into a new Dr. Horton home by taking advantage of their national red tag sales event going on right now through January 19th. Stop by any of their participating communities and find select red tag homes at Incredible Pricing. So whether you're buying your first home or looking for an upgrade, you don't want to miss the red tag sales event going on right now. Discover the Dr. Horton difference@drhorton.com that's Dr. Horton.com Dr. Horton America's builder and equal housing opportunity builder.
- [43:17]
Narrator
When living with cancer, it's important to be informed and know what to expect. But finding the right information can feel overwhelming. That's why understandcancertogether.com is here to help. We've gathered practical information and resources based on where you are in your cancer journey so that you can focus on the important conversations and decisions of today. Understand CancerTogether.com helping you navigate life with cancer one moment at a time.