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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 in the intro. Refried beans. I like refried beans.
Dana Goldberg
That's why I want to try fried.
Allison Gill
Beans, because maybe they're just as good.
Dana Goldberg
And we're wasting time.
Glenn Kirschner
Daily Beans. J Beans. Jelly beans.
Allison Gill
Hello and welcome to the Daily beans for Thursday, March 10, 2022. Today, the judge in the John Eastman Chapman University emails case has ruled in favor of the January 6th Committee. Stephen Miller's mom files a lawsuit for him against the January 6 committee to block a phone record subpoena. Mesa County, Colorado, Clerk Tina Peters and Deputy Bellina Kinsley have been indicted on a combined 17 counts for breaching their own county's voter database and leaking it to the pillow man. And the Texas Bar association has decided to refer Sidney Powell for disbarment or suspension of her license. I'm Allison Gill.
Glenn Kirschner
And I'm Dana Goldberg.
Allison Gill
Hey, Dana. It's kind of like an entire schadenfreude episode.
Glenn Kirschner
I know, right? That's some good stuff that we're like, eh, the good guys are winning today because it's been a shitty week.
Allison Gill
Yeah, yeah. So the justice dominoes are gonna start falling faster and heavier, I think. And I'm gonna be talking a little bit later in the show with Glenn Kirschner, host of Justice Matters, about that very thing. We're gonna cover the Guy Refitt conviction. We're gonna cover the Enrique Tarrio arrest. We're gonna cover the Sidney Powell stuff and the John Eastman emails. It's gonna be fun. So I'm looking forward to that. And everybody, you need to watch or listen to Justice Matters with Glenn Kirschner if you have not. It's very informative and wonderful. All right, we have a lot of news to get to, so why don't we do that? Let's hit the hot notes. Hot notes. All right, to me, the lead story today is the Eastman ruling. Now, I mean, the lead story every day until the war is over is the war. I just want to put that out there as the baseline. Aside from that, the lead story to me is the Eastman ruling. I'm a little confused as to why it isn't getting more attention, because Eastman is at the center of the coup plot with Donald. I think this is major. So I'm calling it the Lead story. And this is why I've been covering it so much. You know, I, I think I've probably put more time into the Eastman story than I probably should.
Glenn Kirschner
Well, I think there's stuff there.
Allison Gill
There's a lot there. So, you know, the background. Eastman pushed the seven state coup and tried to get Pence to throw out electors in key swing states. The Jan. 6 committee asked Chapman University to hand over his emails about it. Chapman agreed, but Eastman sued to block claiming attorney client and work product privilege. Those are two different kinds of privilege. The January 6th committee filed then that bomb filing last week saying there are seven reasons privilege doesn't apply. One of those reasons is crime fraud, exceptions, right? They're saying, hey, he committed 18 U.S. code 371, defraud, the United States conspiracy and 18 U.S. code 1512, obstructing an official proceeding, and then fraud, common law fraud. So crime fraud. So they. But that was the focus of. Everyone focused on that part of the filing. There were six other very valid reasons that privilege didn't apply. And, you know, they basically said, we have good faith evidence to believe his communications were in the furtherance of a crime, so privilege is waived. But that was, again, like I said, one of many reasons. Now, Eastman's attorney filed a ridiculous reply which I made fun of on Twitter and on this show. The hearing was yesterday. He wanted to have this hearing continued, but he failed. So the hearing was yesterday and I live tweeted that. And my conclusion after listening to that hearing was that the judge would likely avoid the crime fraud exception question altogether and rule on one or more of the other six reasons that attorney client and work product privilege didn't apply. Well, the ruling just came out. Allow me to read some of the key passages. Please do quote. Eastman claims two types of privilege over these emails. First, he asserts attorney client privilege. The Select Committee argues that the inclusion of unrelated third parties on Dr. Eastman's emails destroys confidentiality. In the privilege logs, Dr. Eastman lists several senders or recipients of emails as attorneys or consultants. At the hearing, the select committee noted that Dr. Eastman provided no retainer agreements or declarations to support these co counsel or agent relationships. There is enough evidence to reasonably believe that the emails might reveal that the third parties had no privileged relationship with Dr. Eastman or President Trump. Second, Dr. Eastman claims the emails are protected by the work product doctrine, which shields documents prepared by or for a party of their representative in anticipation of litigation. The Select Committee argued that the documents are not protected work product because they aim to persuade Vice President Pence to act as opposed to pursuing litigation on the Electoral Count Act. The select committee points to Dr. Eastman's January 3, 2021 memo to Donald Trump, which states, quote, the main thing here is that Pence should do this without asking for permission, either from a vote of the joint session or from the court. The Select Committee also suggests that these emails should relate to Dr. Eastman's non litigation activities on behalf of President Trump, such as a meeting with state legislators about certifying electors. Dr. Eastman's privilege logs do not indicate what litigation was anticipated. The log entries simply state the emails were made considering possible litigation or contemplating litigation. This evidence sufficiently supports a reasonable belief these emails may reveal they were not created in anticipation of litigation. Since the Select Committee has met its burden, the court decides whether to review the emails. Well, we decided the circumstances of this case favor review, in part due to the party's cooperation to exclude extraneous emails. There are only 111 challenge documents between January 4 and January 7 in 2021. As the court has previously noted, the evidence suggests that communications from those days are essential to the Select Committee's pressing investigation. And so there's three things here that the court decided on. First of all, the need. Three of the seven. The need of, like, we can't get this shit anywhere else. We need them. They're important.
Glenn Kirschner
Yeah.
Allison Gill
The work product doctrine, the work product privilege. There was no anticipation of litigation. You told him to break the law, you dumb ass. That's not really advice. And the third party thing, not so much that Trump and Eastman didn't have a signed agreement, but the hundreds of other people Eastman forwarded these emails to didn't have a signed agreement.
Glenn Kirschner
They weren't on the NDA. They had no privilege.
Allison Gill
No, no. Now, as Dr. Eastman expressed in his briefings and at the hearing, whether the documents are privileged, quote, will be manifest during this court's review. And we brought this up in the beginning of the hearing. One of the first things that Eastman's lawyer said is like, we don't care if you review these. There's nothing wrong with them. Go ahead, you review them. Review them all day. We just were worried about the crime fraud thing. And so the court's like, all right, cool, you're cool with it. That's all they want is a review. So we're going to review them accordingly. The court would review the documents from January 4th through the 7th, 2021, to evaluate Dr. Eastman's privilege claims. Ultimately, the court will issue a written decision, including its full analysis and final determination of which, if any, documents must be disclosed to the select committee. Which means they will say this email number 64 is not privileged because Rudy Giuliani's son is not an attorney. Or email 578. No, there's only 111. Email 110 isn't privileged because this could be in furtherance of the commission of a crime. It could actually say that. We'll see. We'll keep following it. But there you have it. The court will review the emails not based on crime fraud. I thought it would be the Chapman server reason, but Maybe the Bush 2000 argument made the court want to stay away from that as well. Because what happened was the court was like, hey, didn't John Eastman represent or work with George W. Bush in 2000 from the Chapman University email server? Did they admonish him then? Was that against the rules? And that was like, huh, no. And they put forth pretty good evidence that it wasn't the same thing. But, you know, that might be. The court might be like, well, I don't want to litigate that. Or, you know, they're not litigating it, but I don't want to make that decision. It's a little gray. So they picked two real easy ones.
Glenn Kirschner
I mean, could be either one. Whatever.
Allison Gill
Yep. I'll keep you posted on what they find out.
Glenn Kirschner
Fantastic. All right, former Trump advisor Stephen Miller on Wednesdays. Sorry, excuse me.
Allison Gill
Sorry about that.
Glenn Kirschner
On Wednesday, sued to block a subpoena. I like in picture is when he tried to pretend he had a hairline, like with a black Sharpie that Trump probably used to redirect the hurricane. Like all.
Allison Gill
The hurricane was on his head.
Glenn Kirschner
That was a bad redirection. It landed right on Stephen Miller's widow's peak. Okay.
Allison Gill
Yeah, I call him Bat Boy. He just reminds me of Bat Boy.
Glenn Kirschner
Anyway, that fella on Wednesday he sued to block a subpoena for his phone records from the House January six committee, arguing the panel's request was overly broad, in part because Miller's account is linked to a family phone plan shared with his parents. Now, reminds me of Tommy Lauren being on her parents health insurance and then being mad about it.
Allison Gill
Okay. And Jacob Wall, like living in his mom's basement. This is so dumb.
Glenn Kirschner
Miller's court filing lists a California real estate company. Now, this is Karen Drive Apartments. Karen C A R R O N, not K A R E N. Although you would think as his co plaintiff and states that the firm is the subscriber of a T mobile quote family plan account used by Miller's Parents and their children, and that includes him. So it's all the kiddos are still on there.
Allison Gill
Yeah.
Glenn Kirschner
And this is another quote from the story. Because Mr. Miller's phone number is included with other numbers assigned by T Mobile to the Family Plan account. In the absence of explicit instructions from the committee, it is possible that T Mobile may respond to the subpoena by producing data for other numbers assigned to the Family Plan account. And that reads the 15 page complaint filed in federal court in Washington D.C. so the committee's pursuit of Millard's phone records, it comes after the panel issued a separate subpoena. This was a different subpoena to him in November that focused on the false statements he made to advance Trump's false claims of widespread voter fraud. Now, the panel seemed to portray Miller as central to Trump's messaging ahead of the January 6th rally where the then president, as we saw, encouraged his supporters to, quote, fight like hell went on. You know, you and your team prepared former President Trump's remarks for the rally on the Ellipse on January 6th. You were at the White House that day and you were with Trump where he spoke at the quote, stop the steal rally. And that's from the committee. That's what the committee wrote. Now, how come all these Growned Ass Men AG, as I was saying before, are still on their mother's cell phone plants?
Allison Gill
They don't know. But you know what would be really interesting? Because he's basically saying you can have my phone number stuff, but not my family. Right. And this may just be a delay tactic. But also what if, what if they found that like Stephen Miller's sister's phone made several calls to Trump that day.
Glenn Kirschner
Oh my God, can you imagine? And it's like this. Sprint, can you hear me now? Yes, because you still live in my fucking basement. Yes, I can hear you.
Allison Gill
And it's probably, you know, I mean like I could see Stephen Miller like, hey mom, give me your phone real quick. And he's texting Mark Meadows from his mom's phone to shield his communications. I wouldn't surprised, but again, I think they're just going to get like call log data and text log data, not actual content, but I don't know. We'll see. Some more good news, the State Bar of Texas has filed a disciplinary action against Sidney Powell, accusing her of professional misconduct for filing several federal lawsuits contesting the election of Joe Biden over Trump in 2020. The Bar Association's Commission for Lawyer Discipline filed the lawsuit in Dallas County District Court on March 1. The case was made public seven days later. It's today. The commission says it sued Powell of Dallas after receiving 10 separate complaints against her since December of 2020. Lord, okay, not. Not four months ago. A year and four months ago. The lawsuit claims Powell violated Federal Rule of Civil Procedure 11 and 5 subsections of the Texas Disciplinary Rules of Professional Conduct.
Glenn Kirschner
That seems like a lot.
Allison Gill
The commission alleges Powell took positions in the litigation that unreasonably increased the costs of the cases and unreasonably delayed their resolution, including an alleged failure to drop a lawsuit in the Eastern District of Michigan when request relief was moot. It goes on to claim that Powell submitted a certificate in the case before the Northern District of Georgia that she purported was undated. Quote, the certificate was altered to remove the date, and the respondent's statement that the certificate was undated was false. She filed some false shit that was in the complaint. The lawsuit comes two weeks after the 6th Circuit blocked Powell and her other crack and strike force attorneys from avoiding sanctions imposed in the Eastern District of Michigan by Judge Parker. That judge in the case ordered the attorneys in August to pay the legal fees for the city of Detroit and other defendants in the case imposing those sanctions. And also, in a blistering opinion, the Obama appointed judge also ordered them to take 12 hours of training, including six hours focusing on election law. The State Bar's lawsuit comes one month after Powell sued Verizon to block the release of her cell phone and subscriber information to the House January 6th Committee. She wasn't on her mom's plan, though. You know, women get it done.
Glenn Kirschner
I feel. I also feel like all of these phone companies have never been sued so much in their life until Donald Trump was the President of the United States.
Allison Gill
I don't think.
Glenn Kirschner
I mean, I know people sue phone companies, but I feel like this is probably a lot more than they're used to.
Allison Gill
I wonder if I call Verizon, if they'll be. For billing, press 1. For out. For usage rates, press 2. For suing subpoenas. For subpoenas, press 3.
Glenn Kirschner
Like they have locking, press. Press 3.
Allison Gill
Press 3.
Glenn Kirschner
Oh, my God.
Allison Gill
If you're Sidney Powell, please hang up and try your call again later. All right? It's just. It's just absolutely ridiculous. And there's probably somebody at Verizon whose job it is to pick up the phone and say, look, we already handed over the records.
Glenn Kirschner
Sorry, there's gotta be this one person. My goodness. All right, everyone. A grand jury has indicted a Colorado county clerk, Ms. Tina Peters. And her deputy on a laundry list of charges related to an election security breach in her office last summer. And that breach was influenced by, of course, the former President, Donald A. Trump. Also false claims that he won the 2020 election. Now, Peters, who's the county clerk and recorder in Mesa county in western Colorado, she faces 10 counts, and that's including seven felony charges and three misdemeanors. Now, the felony charges include attempting to influence a public servant, identity theft, criminal impersonation, and conspiracy to commit criminal impersonation. Now, the misdemeanors include first degree official misconduct violations. Official misconduct?
Allison Gill
Yes.
Glenn Kirschner
Not just that, random misconduct. This is official ag.
Allison Gill
And you have to be like. Well, you have to talk like Wilfred Brimwell was. Official misconduct.
Glenn Kirschner
Misconduct. I'm not sure if that was. That went into real close to Mitch McConnell. Oh, my God. I don't. We're not going to even say they sound alike. Okay, the other charges for violation of duty.
Allison Gill
When are the aliens going to come Pick up Mitch McConnell?
Glenn Kirschner
When are aliens going to come get any of us at this point? Jesus Christ. So the other charges include a violation of duty and failure to comply with the requirements of the Secretary of State. Now, her deputy, Belinda Kinsley, okay, her deputy has also been indicted on six counts, and that's including attempt to influence a public servant, conspiracy to commit criminal impersonation, violation of duty, and failure to comply with the requirements of the Secretary of State.
Allison Gill
I just have a picture in my head of, like, we've put some fake alien pods in Mitch McConnell's pool and see if we can get him. Like, see if we can get him out on a boat.
Glenn Kirschner
Oh, my God. If you put fake alien pods in Mitch McConnell's pool, he's going to think it's Cocoon. Like, he's going to go in there and be like, how come I don't look 10 years younger?
Allison Gill
That's why I'm saying Wilford Brimley. I just. The aliens go, like, we trick him into it, and he's out there on the boat. Like, where are they? I can't wait.
Glenn Kirschner
Oh, my God. I do feel like Congress right now looks like an open casting call for Cocoon. Like, it's just a bunch of old white men just trying to be in their younger years. Vote them out, people. All right, so these two idiots in Colorado, this pair is accused of helping an unauthorized person make copies of sensitive voting machine hard drives and attend an annual software update. Okay? So information from the machines and secure passwords were later shared with the election conspiracy theorists. Online now. Shortly after the data was leaked, Peters appeared in an event. Put on by who? No one other than my pillow. Mr. CEO Mike Lindell, one of the leading promoters of the conspiracy theory that the 2020 election was rigged. So the indictment argues that Peters and Kinsley together lied to other Mesa county staff as well as workers in the Secretary of State's office. It also alleges that the two committed identity theft against a local man, Gerald Jerry Wood, obviously a nickname, in order to give someone. The indictment doesn't say who. Okay. But in order to give them access to hard drives and the software update in his name. So he's like, what the fuck? Now, in states that the women, quote, devised and executed a deceptive scheme, which was. Now I feel like we're into, like, Scooby Doo territory. Devised an exec deceptive scheme which was designed to influence public servants breach security protocols, exceed permissible access to voting equipment, and set in motion the eventual disruption of confidential information to unauthorized people. And they would have gotten away with it if it wasn't for those pesky kids. Now, Colorado lawmakers will be considering legislation this season. This season. Can I get an ad? They could leave it in. Who gives a shit at this point? It's the last part of the segment. Colorado lawmakers will be considered considering legislation this session to try to prevent similar types of possible security breaches in the future. That would be great. Can we fucking do that? But if the Senate has to vote on it, I don't see it passing.
Allison Gill
Well, this is Colorado State.
Glenn Kirschner
Oh, so, okay, there you go then. We actually have a good chance.
Allison Gill
Yeah. Unless. Yeah, so, yeah, it could be. I mean, I wish we would do this nationally and federally, too, but you know, that. That Senate isn't going to pass. Shit. Oh, man.
Glenn Kirschner
That was an honorary segment. AG's got tears in her eyes.
Allison Gill
She had to fix that's hilar. You know what, though? The DA said. The DA in this case said, look, this is still ongoing. And there's more. So if they indict the guy who. They didn't give the guy whose identity was stolen, obviously, but there's people all the way up to Mike Lindell. Unless he had nothing to do with it and was just sort of like, oh, you got stuff. Bring it in. But one thing that's really interesting is, do you remember during his cyber symposium where there was a guy up on the screen, a cue guy, and he. He was like, showing you all this voter data, and then he gets a call on his cell phone and he's like, Hang on a second. And he talks, and he comes back, he's like, hey, this. My lawyer just said I need to leave immediately. And then the screen went blank.
Glenn Kirschner
I mean, some of these guys I know, they're saying Trump and Junior are too dumb to crime. Like, I feel like Lindell has no fucking idea what's going on. He's just regurgitating shit people are telling him to say.
Allison Gill
I mean, to think they're playing a game. They think they're like 13 year olds with a Ouija board playing. Light as a feather, stiff as a board. And there's, like, not gonna be it. But they're. But they're, like, hacking into voter data shit and doing coups.
Glenn Kirschner
But they think, you know, from what I.
Allison Gill
It's like this weird cosplay thing.
Glenn Kirschner
Yeah. But from what I've heard about Mike Lindell's pillows, they are light as a feather and stiff as a board.
Allison Gill
And now we have the episode titles.
Glenn Kirschner
This is a fun day. I hope you're all enjoying it at home or on your walk or where, you know, at work. Who knows?
Allison Gill
That is a feather, stiff as a. My pillow.
Glenn Kirschner
Oh, my God.
Allison Gill
No. Stiff as a board. Okay. All right. Well, if that wasn't enough, we have some good news. But first, we're gonna take a quick break. We'll be right back with Glenn Kirschner to discuss some of this pretty amazing justice that's coming down the pike. Everybody stick around. We'll be right back after these messages. We'll be right back, everybody. Happy to be joined today by my friend, host of Justice Matters, where you can get. You can get it on YouTube as a podcast. It's everywhere. You can't avoid it, nor do you want to. Glenn Kirschner. Hello, Glenn. AG.
Dana Goldberg
How are you?
Allison Gill
I'm good this week. I mean, despite the terror that is happening in Ukraine right now and feeling very helpless about that here at home, justice seems to be picking up a little bit of steam. And I wanted to talk to you about that and your feelings about it, because I know you and I are both very like, come on, man, we got to get something done here where, you know. But also understanding, you know, that justice does take time. And it's very quiet. And speaking of it being very quiet and taking some time, let's talk about Enrique Tarrio. He was just arrested and charged with conspiracy to obstruct an official proceeding and obstruction of an official proceeding. He was working with Stuart Rhodes, who's been. Who's been indicted for seditious conspiracy. And we didn't hear a peep about it. That grand jury came together on February 14, on Valentine's Day, issued that indictment. And this, I think is the fifth grand jury for January 6th. Cases that I, that I've counted, at least that I know about could be more, probably is. Probably are more. But we didn't hear a peep about it. And neither did Enrique because he was arrested in his underwear. He was totally taken by surprise. And so let's talk a little bit about the stealthy moves by the DOJ here, but also the importance of his arrest.
Dana Goldberg
Yeah. And I think AG you and I are both justice junkies and we haven't gotten our fix in a very long time. But I was happy that I could start yesterday's Justice Matters video with today was actually a pretty good day for justice. And so Enrique Tarrio, former leader of the Proud Boys. It's interesting because he was not even in Washington D.C. on January 6th. Nevermind, not in the Capitol. And we will talk, I'm sure, about Guy Reffitt in a minute, but he was outside of D.C. why? Well, in part probably because the judge ordered him not to come into D.C. because he had vandalized a black church in D.C. he had been transporting high capacity rifle magazines into the District of Columbia. So he had been ordered to stay away a couple of days before January 6th. So it's really, I think, important for a couple of reasons that we just saw his indictment drop. One was because it really does reinforce what Merrick Garland said to us, which is I will hold the Department of Justice will hold people accountable whether they were at the Capitol on January 6th or otherwise criminally responsible. In other words, not at the Capitol on January 6th. And he just made good on that promise. But I think the more consequential point was one that I think I just retweeted your tweet when you said, nobody saw this coming. The day before Enrique Tarrio was arrested, nobody in the media or anywhere said, ooh, guess what? We've heard a leak. Enrique Tarrio is gonna be arrested. No. Radio silence and bam, he's locked up in his tighty whities or whatever.
Allison Gill
And we have heard about stuff like this in the past. We were able to predict CNN was there with a camera crew when they showed up to get Roger Stone. And I had predict, who the F am I? Well, I'm AG but like, you know, I don't have the eyes, the ear to the railroad track like CNN does or anything. But I knew when Roger Stone was going to be Picked up. I knew when. So the fact that we didn't know, the fact that the media didn't know, the fact that nobody knew, and we're all looking right. This is under a microscope right now. Yeah, it's pretty fascinating.
Dana Goldberg
And so what this proves is that DOJ can and is investigating in vault like fashion behind closed doors. There are no leaks coming out. And yet a pretty consequential indictment just dropped. I would bet a buck, my betting limit, there will be more consequential indictments. I also believe ag, there's no way in heck they're gonna stop at the leader of the proud boys or the leader of the 3 percenters and put some artificial ceiling in place above which they will not indict people. They're going to work their way up the command structure of the insurrection. Because I just don't believe after going after the foot soldiers and after building charges involving conspiracy to obstruct the certification of Joe Biden's win and a seditious conspiracy, that they're gonna say, yeah, you know what? We know Bannon and Stone and Clark and Eastman and Mo Brooks and Rudy and Don Jr. And Trump himself were all in on it, all part of it, all inspiring it and orchestrating it, but we're just not interested. I can't conceive of a Department of justice going that route.
Allison Gill
No. And I have 99.9% sure that they're gonna look at Trump for this hub and spoke conspiracy, particularly the false electors and the pressure on Pence. And by the way, the National Archives just released Mike Pence papers to the 1 6th committee along with that stuff around the Louie Gohmert lawsuit against Mike Pence to try to get him to come out and pressure him to say something. Regardless, they're going to look at it. My concern is, is that we could see a Trump Jr. Trump Tower thing again where, remember, he was too dumb to crime, he couldn't possibly have intent and it appears. And see if you can follow me on this, the whole Eastman hearing and we'll talk about that in a second because the judge just ruled that the judge is going to do an in camera review of the 111 emails that John Eastman says are privileged. They probably aren't. But in any case, he didn't have a signed engagement letter with Trump saying that I represent him. Now, I've talked to a bunch of lawyers. Generally, if you lose that or you never got it in the first place, it's okay. You go to your client and you say, hey, I Need you to sign an affidavit that says, I've been your attorney for these things, representing you on these things since this date. And usually they fill out an affidavit and everything's cool, everybody's fine. I'm wondering if Eastman went to Trump and said, I need an affidavit, and Trump told him no, because Trump is going to use Eastman as the fall guy and claim that he truly believed the people around him were telling him the truth. And he honestly believed. Now, you and I know that he didn't honestly believe he won the election, but that's going to be his defense. And it worked for Junior. And so I'm concerned that that might put a little bit of a stumbling block. But I. I can guarantee you that the DOJ isn't going to not look into it or consider it. They may decline to prosecute, depending on how ballsy they are, but they. I don't. I think it's definitely going to be considered. And Sidney Powell, by the way, who you just mentioned, who's currently under investigation, which is one of the leaks that we've gotten from the Department of Justice, because somebody who testified to the grand jury that her documents were being subpoenaed for her PACs raising money for January 6th and stop the Steal. The Texas Bar Association, Judge Parker from Michigan last year referred all of the Kraken attorneys out for sanctions and possible dis. Well, she did rule and impose sanctions and then referred them to their respective state bar associations for possible disbarment or suspension. And they'd been meeting and meeting and meeting. And finally today, the Texas Bar association said Sidney Powell violated Rule 11, the Federal Criminal procedure. A bunch of other things. She's terrible. And they are putting forth a lawsuit because that's how you do it, from the Bar association to a judge to determine punishment for her violations of ethics. So that's happening. I was wondering what you thought about that. That's good news, too.
Dana Goldberg
Yeah. I've seen attorneys sanctioned by any number of state bars, so people might not know. When we are federal prosecutors, we're required to be barred in one state, and then we can prosecute anywhere. Federally. When I was chief of homicide, I supervised 30 federal homicide prosecutors. From time to time, we had issues bubble up. So I have seen some sanctions imposed for far, far, far less egregious conduct. Again, if I had to bet, I think Powell is going to get this far because it really doesn't get any more egregious than trying to corruptly weaponize the Entire the criminal justice system, the legal system, in an effort to overthrow our democracy. Tough to come up with a more egregious misstep or misconduct by an attorney.
Allison Gill
Yeah, yeah. And going back now to the building the case up, because, you know, you had mentioned Merrick Garland had said, you know, people, whether you were there that day or not, he said that on January 5th. I was very glad he gave that press conference. He also testified in November and said under oath that the FBI nor he is in any way limiting this investigation with, like you said, putting some sort of cap. But that's it. We're stopping at the leaders of the extremist groups. He actually said under oath he's not going to do that. And we just saw somebody, the first January 6th combatant get convicted. And a jury took minutes on this and said that the case was so strong by the government and he was convicted of obstructing an official proceeding, among other things. Several things, I think. Five counts and witness tampering, too. Very interesting. So, which is, I think, the same statute, but the fact that, because you and I have been talking for a long time about building up the obstruction of an official proceeding, those are the two crimes. Well, three if you count common law fraud. But Those are the two crimes that the January 6 committee laid out to try to get those Eastman emails. One was conspiracy to defraud the United States. The other one was the 1512, obstructing an official proceeding. How does somebody being convicted of obstructing an official proceeding help the Department of Justice's case, possible case against Trump for obstructing an official proceeding?
Dana Goldberg
So I think the first thing we should remember is that nothing that happens in a trial court is precedent. Legally speaking. Precedent is only created by appellate courts wrestling with a legal issue after somebody has been convicted at trial. However, trial results are what I refer to as atmospheric precedent, because everybody looks to them. And then each of the remaining 500 defendants will have a decision to make. Do I plead? Do I stay strong? Do I go to trial? If I plead, Do I cooperate and tell the feds what I know about other insurrectionists? So this is really important atmospheric precedent. And I mean, it was a clean sweep. The jury and I sat through parts of the trial, and I will say the evidence was extremely strong. I watched the zoom recording of Reffitt narrating all of the crimes that he had committed. And if that wasn't enough, he helpfully mounted a video camera on his combat helmet and recorded his own criminal conduct. Thank goodness he's not a criminal mastermind. But, you know, other insurrectionists will look at it, and now they may say, geez, I got to cut my losses. Let me sit down with the prosecutors and the FBI agents working the case, let them know what I have. So it can only help. I do believe it will also help ultimately move matters toward Donald Trump. Because, you know, here's the thing. I don't call the Trump supporters all kinds of names with the maggots and this and that. Some people do, and I understand why they do, because it's very frustrating to see so much hate, right, and xenophobia and misogyny from a group of people. But when you think about what happened on the 6th AG, the President of the United States told people, your vote was stolen, your president was stolen. And if you don't go down there and fight like hell and stop what's going on in that building, you won't have a country anymore. Not everybody's a critical thinker. Maybe some people had the capacity to understand that they were being lied to, but others didn't. And what they did is precisely what the President of the United States told them to do. That's part of the reason we see relatively low sentences. We haven't seen this defense come into full focus, because that's not really the way Refitt's defense attorney laid out the 12 minute closing argument, which is borderline ineffective assistance of counsel. But we'll save that for the appeal. I mean, he basically said, my guy is just full of bluff and bluster and hyperbole. Basically, my client's a great big liar, so you ought not hold him accountable for his crimes. Well, that's absurd. And rarely will a defense like that work. Although that same defense is going on in a Michigan courtroom right now in the plot to kidnap Governor Whitmer. So I do think that these convictions, as they build, and there will be more coming down the pike. I'm really looking forward to the first defendant saying, I am asserting the defense that the President of the United States told me to attack the Capitol, because that will help bring it into full focus. And I do think all of this. I actually think the person who commissions the crime, orders the crime, incites the crime, is more culpable than the people who carry out the orders. You have to hold the generals giving illegal orders accountable, just as you have to hold the foot soldiers who follow those illegal orders accountable.
Allison Gill
Yeah, Charlie Manson. Right. I think something else that's gonna make a big difference is the guilty plea and cooperation of Miller, who has Pled guilty to obstructing an official proceeding. And we have previous public reporting from national news outlets that the FBI was trying to get affidavits signed saying what you just said. As the defense. Donald Trump told me to do this, and I'd bet a dollar if that, you know, if that were my maximum, which, you know, I'm gonna decide that it is today that that guilty plea from Miller might include an affidavit like that.
Dana Goldberg
I hope so. I mean, you know, usually, I'll tell you, I was actually known as the king of the cooperating witnesses when I was a prosecutor. And it wasn't a compliment, it wasn't a badge of merit. People made fun of me because I was always willing to sit down and debrief with the worst of the worst. I used to say, I will do business with the devil if he can give me two bodies, if he can help me close two other murders for two other families in the District of Columbia and help make the streets a little bit safer. Now, cooperating witnesses can be extraordinarily difficult to deal with because rarely do they appreciate that where they are at the moment, they're entering a cooperation agreement necessitates that they are fully truthful and forthcoming about everything, including their own crimes. That's really hard. That's why I believe a guy like Michael Cohen probably never ripened into a full cooperator. And I like Michael. I've been on his podcast a bunch, and I think he did, you know, some. He, he flipped in a really important way for the country. So kudos to Michael. But, you know, think about a guy like Joel Greenberg as a cooperating witness. I mean, you don't want to touch that dude with the end of a 10 foot pole if you don't have to. But sometimes we have to think about Bill Barr ag as a potential cooperating witness, because out on his rehabilitation reputation, rehabilitation tour, he is absolutely a marquee prosecution witness against Donald Trump because he says, I told Donald Trump his claim that the election was stolen was, and I quote, BS well, that provides direct evidence of Donald Trump's corrupt intent because his own attorney general told him there was no fraud undermining the election's results, which provides evidence of criminal intent. You know, guilty mens. Rea. So. But cleaning up Bill Barr, great big liar and criminal that he is, is very difficult. So I'm hoping that some of these cooperators that are now coming into the government fold are not only providing blockbuster information, but that it's usable and we can ultimately exploit it in the right way to work our way up the criminal chain.
Allison Gill
That and the break that this guy is going to get for being the first cooperator at his level is going to be huge. And that others see that and see what happened with Guy Reffitt and weigh their, you know, weigh their decisions a little bit with a little bit more context. Anyway, thank you so much. I think that we're going to start to see more indictments roll in. There were two other people mentioned in the Enrique Tarrio indictment that are so far unnamed. From Carlisle, Pennsylvania, and somewhere in North Carolina, I think. I can't remember. Probably leaders of another extremist group or additional proud boys or, you know, maybe people that Stuart Rhodes knows. But, yeah, we'll definitely see what happens. We'll see what we get from Miller, and we'll see how much further up this goes. I don't think Roger Stone can escape it. So we'll be watching.
Dana Goldberg
Things are trending in the right direction. Let's hope it keeps going that way.
Allison Gill
Yeah, I think that once the dominoes start falling, I think they fall a little bit faster. Thank you so much for your time. Everybody, check out Justice Matters. Follow Glenn on social media. Glenn Kirschner, thank you so much for your time. Appreciate it.
Dana Goldberg
Thanks, ag.
Allison Gill
Everybody, stick around. We'll be right back. Everybody. Welcome back. It's time for the good news.
Glenn Kirschner
Who likes good news?
Dana Goldberg
Everyone?
Allison Gill
Then good news, everyone. Good news, Good news. The good news is we fixed our technical difficulties so we don't have to use the zoom recording audio for Dana for the good news.
Glenn Kirschner
So now I'm going to come in loud and clear, and I tell you what, it was one of the funniest segments. And I looked down, I was like, you've got to be fucking kidding me. And they're magic. Our producers are magic. AG's patient with me. Every once in a while, I have a Monday on a Thursday, and that's what happens.
Allison Gill
Hey, double Monday. It happens all the time. Except it's Wednesday. All right, now.
Glenn Kirschner
No, they're listening on Thursday.
Allison Gill
Nice. Nice save.
Glenn Kirschner
Who are we? Where am I?
Allison Gill
Okay. What is he even happening? The good news. That's what's happening.
Glenn Kirschner
Oh, yes. Here we go. Get to the first one.
Allison Gill
All right, let's do it. If you have any good news, corrections, confessions, woobie stories you want to send in, by the way, over on my Twitter account, Lison Gill two Elson Allison, two else. And Gill, I posted my pod pet boobs has his own Wooby. And I talked about it yesterday. The ice bat. And I've posted a picture of him cuddling his wooby on that Twitter feed. So you can go look at it right now and follow me while you're there, please. I would love it now. Oh, by the way, where do you submit dailybeanspod.com click on contact. We're just all over the place today. Today is fakaco.
Glenn Kirschner
It is. But you know what? I think everyone's enjoying the episode. I guarantee it. I guarantee we're gonna get comments that are like, that was the funniest shit we've heard in a long time.
Allison Gill
Probably when we don't have our shit together, it really, you know.
Glenn Kirschner
Oh man.
Allison Gill
When you're not prepared, you're way better.
Glenn Kirschner
Oh God.
Allison Gill
It's gonna be. It's going to be the new let's go in cold day. Let's go in cold. And we're going to start the good news with Kristen Pronouns she and her Greetings beautiful creatures. Illuuminati I love your pod Listening every day since I discovered you in the 2020 campaign season. Dr. Gill, you rhetorically asked, why is the U.S. department of Defense not sending U.S. air Force F35s to Ukraine? I'd like to clarify foreign policy and acts of war aside, the reason we would not send our F35s to Ukraine is because Ukrainian fighter pilots are not trained to fly them. In the middle of a hot war is not the time to learn a completely new weapon system. Yeah. Poland's MIGs, however, are the type of aircraft that Ukrainian fighter pilots are trained on. Thank you for your witty presentation of the news in our current Hellscape. Swearing is one of my favorite forms of stress relief and I appreciate the beans co hosts artistry in that medium. Also, Allison, I truly appreciate your time in the military service. You know, you'd think I know about the F35 thing since I was but the extremely valuable and meaningful work you've done as a veteran. I'm an Air Force 24 year retiree, 12 years operational as an AWACS Air Battle manager and a 12 years in the Oregon Air National Guard and Guard Medical unit. My goodness. Thank you Kristen. Badass.
Glenn Kirschner
Seriously.
Allison Gill
For pod tacks, I've attached a photo of Lily, our nine year old miniature Australian shepherd. And photos of my two favorite happy places, the running trails in Upper Klamath Lake. Visible behind me is the largest natural lake in Oregon and the aerial gym where I pursue one of my favorite hobbies and where I found my small tribe, the Lotus Ladies. Hell yeah. Allison, Dana, Amy, et al thank you for the work you do to present such an amazing and wonderful podcast.
Glenn Kirschner
Look at the mini Aussie. I do have to say as well, now, I understand that Ukrainians are not trained to fly these planes. However, if anyone could just jump in a cockpit at any time, I feel like it would be the Ukrainians at this point. You know what I mean?
Allison Gill
They probably just find one, put out a TikTok video. We figured it out.
Glenn Kirschner
I know. We watched YouTube. We're good to go. Let's roll. You know, I do.
Allison Gill
If anyone could. If anyone could. But I will say, don't get me.
Glenn Kirschner
Wrong, I understand these take a tremendous amount of training, but I think everyone understands why I'm joking about that. They have been kicking ass and taking names.
Allison Gill
Yes, we are just joking. The F35 does require quite a lot of extensive training. Look at this aerial stuff. I love these things. I love.
Glenn Kirschner
Oh, wow. Oh, me too.
Allison Gill
I have an aerial yoga swing.
Glenn Kirschner
There was a woman that I met on one of the trips I perform on. Her name was Drea Weber. I'm not sure if anyone knows that name, but she, like, she specializes in these aerial gymnastics with these ribbons. Yeah, it's beautiful.
Allison Gill
Beautiful, too. I love the inversions, too. It's so good for your liver and your heart and your circulation. It's great.
Glenn Kirschner
All right, I'm gonna snag the next two. They're pretty short, if that works for you.
Allison Gill
Yes.
Glenn Kirschner
All right. This next one's from Tom. Pronouns he and him. Hello to you. Wonderful beans, Queens. The other day you were mentioning the Airbnb Ukraine rentals. Just last week, I rented a place in Kyiv, although I used vrbo, my app of choice. Now, here's a note I received from the owner. This says, thank you for supporting me and my family. We're trying to keep the. Believe in this terrible time, I imagine. Probably hope. Be healthy and happy and say hello to all your family and friends from Ukraine. That was from the host. I know my friends have been doing this too, and they're getting back very sweet messages from people. Thank you, by the way, Tom, for doing that. Incredibly generous. Sometimes that's your way of helping and that's your way of, you know, giving, and that's beautiful. This next one's from Alice, pronounced she and her. Now you've played Find the Cat. Here's Find the Dog. There's one pupper in this picture. She's a black and white American cocker spaniel named Matilda who loves laying amongst all my stuffed animals. And as you can probably tell from the photo. I got a thing for otters.
Allison Gill
Yeah.
Glenn Kirschner
Oh, my God. This is adorable. And I see her. There she is.
Allison Gill
This reminds me of E.T. so hard.
Glenn Kirschner
Totally. And the other thing I'd like to say, Ms. Alice, I also have a thing for otters. They're my favorite little animals. You know why? Because when they go to sleep at night in the water, they hold hands so they don't drift apart from each other. And that's the cutest fucking thing I've ever heard. So there you go.
Allison Gill
So adorable. Their little hands and their little babies. Oh, I love.
Glenn Kirschner
Warms my heart.
Allison Gill
I love them. All right, next up, from Karen of the Lagu menati pronoun. She and her dear leaders of the Leguminati. Allison, you sounded interested in learning more about finger knitting, so I've attached a short YouTube video. I'm sorry, I laugh at Dana. YouTube video. Teaching the technique. I like the.
Glenn Kirschner
I'm so sorry, you guys. Sometimes I just turn into Jack from Will and Grace. I can't help it. I can't help it. Okay.
Allison Gill
I like the two finger technique because it's quick to learn and can be done anywhere. I even do it in the dark sometimes. You're welcome, Dana, for that last.
Glenn Kirschner
Oh, Karen, I want to thank you for the sentence before and the sentence before that as well.
Allison Gill
I'm glad Karen knew where we were going.
Glenn Kirschner
Oh, my God. I love that she thought it was the doing it in the dark sentence and not the two finger technique that I was caught by.
Allison Gill
I think it's the whole thing. I think it's the whole thing.
Glenn Kirschner
Oh, man. Okay, I need to get a grip.
Allison Gill
Oh. What? What? I've also included a pet tax, pictures of my cat, Lucy, before and after she attacked and killed my knitting. Stay calm and knit on.
Glenn Kirschner
Yes.
Allison Gill
Look at the baby.
Glenn Kirschner
Look at the baby looking at the knitting like that's going to be my next attack. Oh, my God. This all makes me so happy. Okay.
Allison Gill
Thank you for that. That was really great. That was really great.
Glenn Kirschner
I've had some good laughs today. This is from Beth P. Pronouns she and her. Hi, Ag And Dana. We could all use some happy animal news. So please let me talk about my cat, Walter. He's been with me since he was 2 and now he's going on 15. I adopted him from the ASPCA knowing that he has 5, which is like, oh, fiv. Which is like HIV in humans. Oh, my God. It hasn't been much of an issue. He just needs to stay on top of dental work. And sometimes he needs A little extra help fighting off colds. I was single when Walter and I got together, but in the past 13 years together, I've adopted another cat, Mervyn. Gotten married. Check out my cake topper. Adopted a dog Hunter. The large boobed lab beagle mix you've previously featured on what the Mutt. Rip Hunter and I had a daughter. You've been very busy, my dear. He's also had a series of crazy issues over the past few years, including a blocked bladder. Ouch. Repeated seizures, thankfully cleared up, and the loss of a leg due to cancer. Now, as an aside, I cannot stress how much it helps if you have health insurance for a pet. Now, despite all of this, Walter is still going strong, soaking up sunbeams wherever they appear and hunting me down for treats. He's always preferred the company of men, and as a proud gay kitty, he would like the opportunity to claw DeSantis and Abbott in the nuts. Walter would like to remind everyone who's thinking of bringing an animal into their home to adopt local. And don't overlook the perfectly imperfect pets, whether old, one eyed, three legged, deaf or fiv plus or positive. Excuse me? Fiv positive. You'll give you as much love and happiness as a typical puppy or kitten.
Allison Gill
Oh my God. Look at their cake.
Glenn Kirschner
They have the cake. Amazing, by the way. Absolutely amazing.
Allison Gill
Are you guys eating chicken nuggets?
Glenn Kirschner
It looks like she's got a thin mint in her hand, but I don't know. He does look like he's gotten a chicken nugget. Or fries.
Allison Gill
I don't know. Yeah, look at these baits.
Glenn Kirschner
I mean, the cake toppers look just like the cats. That's incredible. Which means I'm assuming they also look just like the couple.
Allison Gill
Is that a three legged kitty or is the leg hidden?
Glenn Kirschner
I think the leg is hidden.
Allison Gill
Oh, wow. What beautiful animals. Anyway.
Glenn Kirschner
Oh, no. I mean, no, that looks like. I don't know where the other leg would be hidden. That seems to be a three legged kitty.
Allison Gill
Hmm. Little tripods.
Glenn Kirschner
I would be shocked though, if that was not mentioned in the story.
Allison Gill
It's just a cute. Yes, it looks with the gray and white mark. This looks like my cat. My cousin had a cat named Muffin. Muffin Puffin.
Glenn Kirschner
Muffin Puffin looks just like her.
Allison Gill
All right. Finally, from Mary. Pronouns she and her I have a things kids say story about myself. When I was five years old, I was a flower girl in my uncle's wedding. They were married in a Catholic church in New Jersey. At some point during the ceremony, the priest said something along the lines of now let us pray. And I, being five years old and bored out of my mind, piped up and said, oh, no, not again. Everyone laughed. My parents, my grandmama, the aunt, my uncle, even the priest. I like to think that my outburst not only broke the ice, but also gave my uncle an idea as to the kind kid I was. Yes, indeed.
Glenn Kirschner
I have a feeling it did, Mary. I have a feeling it did.
Allison Gill
Wonderful. Thank you for all of these submissions, everyone. And if you have anything you would like to send in, whether you're finger knitting in the dark or you're adopting some animals, you can do that by going to DailyBeansPod.com yes, clicking on Contact. Dana.
Glenn Kirschner
Yes.
Allison Gill
Do you have any final thoughts?
Glenn Kirschner
Yeah, I do. It's more of just a sharing information. This Saturday, I'm going to be on stage in Los Angeles. It's not a standup show, but I'll be performing at the HRC gala in Los Angeles, raising a lot of money to help fight all of these horrible bills that are passing around this country, including the one that just went through their Senate in Florida, the don't say Gay bill. And I want to stress that people, when they talk about this bill, if they forget to talk about how it affects the trans community as well, because I think when people hear gay, they often think of gays, lesbians. The trans community is at the heart of these bills and I don't want people to forget that. So I'll be on stage this weekend with Brandi Carlile. She's getting an award presented to her by Abby Wambach and Glennon Doyle. And I will be on stage raising a shit ton of money. So that's where I'm gonna be. So do something nice this weekend and make a small gesture to help someone else. That's all I ask.
Allison Gill
Yes. Wonderful. And again, Kristin, thank you for your service. And everybody.
Glenn Kirschner
Oh, my goodness, yes.
Allison Gill
Until tomorrow, please take care of yourselves, take care of each other, take care of the the planet, take care of your mental health, and vote blue over Q. I've been AG and I've been dg and them's the beans. Refried beans. I like refried beans.
Podcast Summary: The Daily Beans – "Refried Beans | Light as a Feather, Stiff as a Board (feat. Glenn Kirschner)"
Release Date: March 10, 2022
Host: Allison Gill and Dana Goldberg
Guest: Glenn Kirschner, Host of Justice Matters
Overview
In this engaging episode of The Daily Beans, hosts Allison Gill and Dana Goldberg delve into significant political and legal developments surrounding the January 6th Committee's investigations. Featuring a special guest, Glenn Kirschner, the conversation navigates through high-profile cases, legal rulings, and the ongoing pursuit of justice against key figures associated with former President Donald Trump. The episode also includes a heartwarming "Good News" segment, providing listeners with uplifting stories from the community.
Key Discussion Points:
Notable Quotes:
Analysis: The ruling undermines Eastman's attempts to shield his communications, emphasizing the committee's need for transparency to investigate the alleged coup plot. The court's decision paves the way for the release of crucial emails that may shed light on the orchestrated efforts to disrupt the certification of the 2020 election.
Key Discussion Points:
Notable Quotes:
Analysis: Miller's attempt to protect his family's phone records highlights the lengths individuals may go to shield personal information. However, the committee's insistence on accessing these records underscores Miller's significance in the broader investigation into election interference and the events of January 6th.
Key Discussion Points:
Notable Quotes:
Analysis: Powell's legal maneuvers have not only failed to overturn election results but have also drawn professional censure. The Bar Association's actions reflect a broader accountability trend against those who attempt to exploit the legal system for political ends.
Key Discussion Points:
Notable Quotes:
Analysis: The prosecution of Peters and Kinsley marks a significant step in addressing internal threats to election integrity. Their actions, influenced by unfounded claims of election fraud, have compromised voter data security and fueled misinformation campaigns.
Key Discussion Points:
Notable Quotes:
Analysis: Kirschner and the hosts underscore the DOJ's strategic approach in dismantling conspiracy networks from the ground up. The discussion reveals a methodical effort to gather evidence, secure cooperation, and build robust cases that could hold senior figures accountable for inciting or orchestrating unlawful activities.
Key Discussion Points:
Notable Quotes:
Analysis: The Good News segment provides a refreshing contrast to the intense political discussions, showcasing the resilience and kindness within the community. These stories emphasize the importance of compassion and solidarity, especially amidst turbulent times.
Conclusion
This episode of The Daily Beans offers a comprehensive look into the ongoing legal battles stemming from the January 6th events, highlighting significant rulings and indictments that inch the pursuit of justice forward. The inclusion of Glenn Kirschner adds depth to the analysis, while the Good News segment ensures a balanced and uplifting listening experience. Listeners are left informed about critical developments and inspired by the positive actions within the community.
Notable Quotes with Timestamps
Additional Resources