Dana Goldberg (4:50)

If anyone missed yesterday's episode, catch up, because this is.

Allison Gill (4:53)

Yeah, that was fun. Attorney John Eastman, an architect of Trump's bid to remain in power, indicated that he pled the fifth when appearing before the special grand jury. And Brian Kemp, Georgia governor, was also ordered to testify. The panel's probe closely tracked efforts by the January 6 select committee to investigate Trump's efforts. Raffensperger and his deputy, Gabriel Sterling, testified in June at a public hearing. I was there, as did two Georgia election workers. That's Shamoss And Ruby Freeman. And that was really a really incredible testimony. So that's the first story.

Dana Goldberg (5:23)

Thank you so much, AG and the second story goes to Rep. Scott Perry, the Republican from Pennsylvania. Well, he pushed back Sunday when asked whether he would recuse himself from any House GOP investigation of federal probes into the events surrounding the January 6 riot at the Capitol, despite being a subject of those investigations. And this is a quote, why should I be limited just because someone has made an accusation? Everybody in America is innocent until proven guilty. That's what Perry said in an interview on ABC's this Week with George Stephanopoulos. I like to call him George Stephanopagus George Stephanopoulos. Now, Perry was pressed about whether any potential involvement in a new committee would pose a conflict of interest, given that he was among those being investigated. And this is what he said. So should everybody in Congress that disagrees with somebody be barred from doing the oversight and investigative powers that Congress has? That's our charge. That's from Perry. Yep. Went on to say, and again, that's appropriate for every single member, regardless of what accusations that are being made. He added, I get accused of all kinds of things every single day, as does every member that serves in the public eye, but that doesn't stop you from doing your job. It's our duty, and it is my duty. Well, newly elected House Speaker Kevin McCarthy has indicated that Republicans intend to probe the work of the now defunct House committee that investigated the January 6 riot in November. McCarthy sent a letter telling committee Chair Benny Thompson to preserve all records and transcripts and vowed to hold hearings in the new Congress about the security failures that led to the attack in 2021. House Republicans also plan to vote this week on a new rules package that includes the creation of a Judiciary investigative subcommittee charged with looking into what they call, quote, the weaponization of the federal government. Well, Perry's phone was seized as part of the justice department's probe into January 6th. Perry, as we know, is an ally of the former guy who supported his efforts to overturn the 2020 election. And he sued the Justice Department last year requesting the return of all cell phone data the FBI had seized. Perry's lawyers dropped the case in October without explaining why. Well, Perry also came under fire, under scrutiny by the January 6 committee, which referred him and three other House Republicans, including McCarthy, to the House Ethics Committee for defying the panel subpoenas. Well, the committee said it had evidence from multiple witnesses alleging Perry's involvement in an effort to install former Justice Department official Jeffrey Clark as the acting Attorney general during the final months of the Trump administration. Clark pushed Trump's false claims of the stolen 2020 presidential election and wanted the Justice Department to step in to challenge the results. Well, we also know that many of the things that we've heard are true, so there's that.

Allison Gill (8:09)

Thank you for that, DANA. And from CBS, Merrick Garland has assigned the U.S. attorney in Chicago to review classified documents found at the Penn Biden center for Diplomacy on Global Engagement in Washington. According to two sources with knowledge, the roughly 10 documents are from Biden's vice presidential office at the center. CBS News has learned the FBI is also involved in the U.S. attorney's inquiry. The documents were discovered when Biden's personal attorneys were packing files housed in a locked closet to prepare to vacate the office space at the Penn Biden center in D.C. that's according to Sauber. That's one of the attorneys for Biden. In a statement to CBS News, Sauber also said on the same day the material was discovered November 2, the White House Counsel's office notified the National Archives immediately, which took possession of the materials the following morning. The discovery of these documents was made by the President's attorneys. These documents were not the subject of any previous request or inquiry by the Archives. Since that discovery, the President's personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama Biden administration records are appropriately in the possession of the archives. Garland assigned U.S. attorney of the Northern District of Illinois John Lausch to find out how the classified material ended up at Pennsylvania. The review is considered a preliminary step and the Attorney General will determine whether an investigation is necessary. So this isn't even an investigation yet. Lausch was nominated to be U.S. attorney by the former guy Donald Trump and he is one of only two current Trump era U.S. attorneys still serving. So it's wise of Garland to hand this case off to a non Biden appointed U.S. attorney?

Dana Goldberg (9:51)

Absolutely.

Allison Gill (9:51)

The other is Delaware U.S. attorney David Weiss, who is leading an investigation into Hunter Biden. Lausch recently briefed the Attorney General and will eventually submit a final report to him. Garland and the review is expected to conclude soon. It is of note that Biden was not subpoenaed for these documents by the Trump Department of justice in 2019. Nor did he ignore a subpoena by Trump's Department of Justice. Nor did the Trump Department of Justice issue a search warrant of the offices pursuant to a non responsive subpoena. Nor did any Biden lawyer lie to the National Archives or the Trump, Department of Justice about having returned them. Nor did Biden then have his Diet Coke boy secretly move the documents to another location. Nor did Biden get one of his appointed judges to appoint a special master to delay the return of the classified documents. And I'll bet the beans that The Trump appointed U.S. attorney looking into this matter will decline to even investigate it, let alone prosecute anyone. Trump, on the other hand, is another story indeed.

Dana Goldberg (10:50)

In fact, no one at the ice cream parlor or peloton did know about the documents either. So we want to be clear there because that's where he spends a lot of his time. All right, last story in the section, newly sworn in Congressman George Santos. Man, oh man, he's going to begin his first week in office facing a formal ethics complaint filed with the Federal Elections Commission. The fec, in a civil complaint filed Monday with the agency and reviewed by CBS News, the nonprofit Campaign Legal center accused Santos, who is the replicant from New York, of illegally using campaign funds for personal expenses, including for an apartment rental and for submitting false information about both the source of his campaign donations and his campaign's expenses. Well, the D.C. based Campaign Legal center questioned how Santos was able to make a sizable donation to his own campaign in the months before he won a competitive house race in Long Island. The complaint alleged Santos proposed reportedly to loan his campaign $705,000 during the 2022 election. But it's far from clear how he could have done this with his own funds because financial disclosure reports indicate that Santos had only $55,000 in his name to his name in 2020, only 55,000. But he's like, Here's $700,000 for my account. Now, Santos admitted in an interview with the New York Post last month, which is, you know, super valid last month that he has embellished, he embellished his work in education history during his congressional campaign after the New York Times reported it was unable to confirm key details about his background and by key details, any of them. Monday's FEC complaint also raised the prospect of international meddling in the election. It alleged, quote, the concealed True source behind $705,000 in contributions to Santos's campaign could be a corporation or foreign national, both of which are categorically barred from contributing to federal candidates. Well, the Campaign Legal center complaint also raised questions about the expenses listed by Santos campaign finance reports. Dozens of expenses are listed as costing $199.99 in the Santos campaign expenses. That's so interesting. It's just one penny short of the $200 threshold for which receipts or itemized details are required by the FEC. Huh? Just 199.99. The complaint said, and I quote, the campaign reported an astounding 40 disbursements between 199 and $200, including 37 disbursements of exactly 199.99. The sheer number of these just under $200 disbursements is implausible and some payments appear to be impossible given the nature of the item or service covered. Now, according to the campaign Legal center complaint, some of the listed 199.99 expenses on Santos's campaign finance filings include Uber rides and hotel accommodations. And this is a quote. The Santos campaign reported making $199.99 disbursement to the W Hotel south beach of Miami on October 13th. That was of 2021. And that was for hotel stay. But the least expensive room available midweek stay In October, a one night one room stay for one adult is priced at more than $700. Well, the Santos campaign also reported $199.99 disbursement to the identity verification company Clear for Travel. But Clear stated in an email that its non discounted standard annual membership is 189.28. Well, the Santos campaign reported that 199.99 disbursement to JFK parking. But there's no combination of fees from that airport parking facility that would end in 99. 99. Santos declined multiple requests for comment from CBS News about allegations of fabrications about his background and about his campaign finance reporting. Efforts to immediately reach a spokesperson for the congressman about the newly filed FEC complaint were not successful. And newly selected House Speaker Kevin McCarthy has not responded to questions about Santos or Santos's future in the House Republican Conference over the past few weeks.

Allison Gill (15:00)

Of course they haven't.

Dana Goldberg (15:02)

This is one of the sketchiest fuckers I have seen in a long time. And that is saying something about the gop.

Allison Gill (15:07)

Yeah. And if you listened to the bonus episode this past weekend of cleanup on L45, I was like, why all the 199.9 nines? What is the $200? What is the cutoff? Where's the $200 cutoff? There it is. That's what requires a receipt with details. $200 or more when you file with the FEC. So that's why, that's why I'm glad they filed this complaint. All right, everybody stick around. We have an exclusive story with Hugo Lowe from the Guardian right after this, and then we'll round it out with the good news. Stay with us after these messages.

Hugo Lowell (15:36)

We'll be right back.

Allison Gill (15:42)

Everybody. Welcome back. Happy to be joined today by my friend over at the Guardian, Hugo Lowell, who has just broken a story about the independent investigative team that was used to search additional properties at the order of Judge Beryl Howell. Hugo, what. What do you have for us? What is the breaking news here?

Hugo Lowell (16:03)

Yeah, look. So, you know, back last year, Trump finally relented and had a team of people search some of his properties, including a storage unit in Florida. And that team turned up at least two classified documents that were returned to the Justice Department. And essentially what has happened in between is the Justice Department was aggravated that there was the discovery of new classified documents. They wanted to hold Trump's team in contempt when the decision was deferred on that. They wanted to get the names of the people who were involved in the search because, as we are reporting now, they wanted to question them and potentially bring them before the grand jury hearing evidence about Trump's unauthorized retention of national security materials and possible obstruction of justice. We thought this was important because it's an escalation in many respects of the Justice Department's criminal investigation. To have these people potentially brought before a grand jury or at least interviewed by the Justice Department suggests the department does not trust Trump's accounting of how the documents were found. Trump's lawyers did provide the Justice Department an explanation of how these two additional documents turned up and the team that actually did the search. But clearly the Justice Department does not trust that account, and the Justice Department wants to interview these people themselves. And part of the reason, as it turns out, is because the team wasn't fully independent or as independent as it was initially made out to be. You know, these guys were people who are known to Trump. They were a known company. They were known to Trump's lawyers. In essence, this is Trump World doing its own search of Trump properties. And so I think the Justice Department looked at this with a heavy dose of skepticism.

Allison Gill (17:52)

Yeah. And that. And that's what's incredible about your reporting is that, you know, we had just been speculating that the reason that they wanted the names of these, you know, the people who did this search, this subsequent search, and turned up a couple of at least a couple of classified documents in a storage shed, a storage facility in West Palm beach, that they. The reason they wanted their names revealed was because perhaps they wanted to question them as part of this, you know, ongoing inquiry. And you've confirmed that. And I had jokingly said over the weekend when I was talking to Andrew Torres that, I guess, you know, they want to make sure it's not like their friends who did this. But as it turns out, it, you know, and what you found out here, which is another really important part of the story, which is out now in the Guardian, you can read it now, that this was not a fully independent firm hired by the Trump team.

Hugo Lowell (18:50)

Right. This was not like Trump's lawyers going to a true third party like Wilmerhay or Hogan Lovells or even Jones Day, like these huge law firms who would probably do a really thorough search of all the Trump properties. Effectively, what he had were friends or people connected to Trump World that he felt might give him kind of a less aggressive search that he could represent to a Justice Department that. Yeah, yeah, we've gone back and checked. This is what we found. Even though the people who did the search weren't fully independent in the way that it was made out to be. And it's important for the Justice Department's investigation because first and foremost, what the government is trying to do here is to retrieve any classified documents that might still be in Trump's possession. That's the national security issue. You have these classified documents in the wild. They want them back. The criminal investigation, in many respects, is almost secondary to that. The national defense comes first, and then the potential crimes come. And so this really pertains to that first priority. And I think the Justice Department has decided this is now a key part of its investigation. And I think it also signals an escalation in the probe. This is now the second time that the Justice Department has gone to Beryl Howell, who is the chief U.S. district Court judge for the District of Columbia, and said, we really need judicial intervention here because we can't seem to get the Trump lawyers to play ball. First it was with the contempt motion. They wanted to hold Trump's office in contempt because they were frustrated at the fact that there were still more classified documents lying around, even after the FBI searched Mar? A Lago, even after there was the main grand jury subpoena. And then now with this thing about trying to get the names again, they've gone back to the judge and say, look, we need judicial intervention because we don't trust Trump's lawyers.

Allison Gill (20:49)

Yeah. And this seems like you. You know, I agree, this seems like an escalation, and it seems like a very aggressive posture from. From the special counsel's team on this, trying to, I mean, you know, like the National Archives Took how many months to just get the first 15 boxes back? It seems like the tide has. Has turned on, on. And I don. What it is, like you said, is it the urgency of getting the national security concerns or the investigation or they're just sick of his shit. I mean, I. Or a combination of all three. And we just don't know which is the prevailing theory. But it does seem like a much more aggressive posture than we had previously seen. Although I can't say that searching a former president's property like they did in August was also not aggressive.

Hugo Lowell (21:35)

Look, and I think that's true. And I think, you know, as you've kind of previously discussed and as we previously discussed, Garland's move to approve that search of Mar? A Lago was because Garland decided likely in his mind, that this was a step he was willing to defend in case it resulted in charges. But I think the latest moves by the department has been really interesting. After the FBI search and whether it was through the special master process or trying to cajole or kind of discuss remedial ways to get some outstanding documents back, a lot of this was done in conversation between the Justice Departments lawyers and Trump's lawyers. They were trying to reach accommodations. It really does seem like that kind of accommodating attitude from the Justice Department in the weeks and months after the Mar A Lago search has dissipated. These recent actions about bringing stuff before the Chief Judge in D.C. that I think signals a new level of aggression that we have not previously seen from the Justice Department. And I think it begs the question whether Jack Smith, the special counsel, ever since he took over or kind of the fact that he took over has injected a new urgency and then kind of a new drive in the prosecutorial teams approach with Trump.

Allison Gill (22:57)

Yeah, well, he definitely comes in to make decisions. And I know we've got some reporting from Zoe Tillman, who is seeing that some critical charging decisions could be made possibly within weeks. Of course, we don't know how far up that goes. That could be. That could mean Walt nada. You know, we don't really know. But, you know, it does seem like things are moving quite a quick clip, so we'll see how this goes. And of course, everybody needs to follow Hugo Lowell, follow his reporting. He is the Trump DOJ reporter and still congressional reporter over at. You've got like wearing so many hats over at the Guardian, but we're glad that you do. So thanks for coming on and explaining that your findings for us today. Thanks.

Hugo Lowell (23:37)

And can I just add one thing, actually, you Raise a good point about what? No matter. You know, the other facet of the Justice Department's investigation is with these witnesses. And, you know, we have, we have heard similar things to what Bloomberg and Zoe Tillman has heard, which is the Justice Department has to make a decision fairly soon about what they're going to do with these kind of outstanding witnesses that have, that have already been interviewed by the FBI and who the Justice Department considers key witnesses in the investigation. You know, Walt Naouda, you know, someone who changed, you know, you know, is understood to have changed his head count of how you move boxes containing classified information. You know, the Justice Department now sees him as an individual that they want to get before the grand jury. You know, his lawyers have told the Justice Department there is no way you're going to interview him unless you either charge him or if you grant him immunity like you did with Kash Patel. And we reported at the time, and I think we discussed with you, Allison, that conferring limited use immunity to cash was a real move that telegraphed, I think, just how much the Justice Department was zeroed in on Trump. You don't give someone like Cash Patel use immunity to testify about whether documents were classified or declassified if you really didn't see a bigger fish. And I think the same decision is very, very close or has to be very, very close for someone like Walt Noder, who is also such a key part of this investigation.

Allison Gill (25:05)

Yeah, I mean, especially if he lied to investigators when he first said that he hadn't moved any documents. It'll be interesting to see whether they prosecute him or grant him limited use immunity. And we know you'll be reporting on it for the Guardian, so I appreciate your time and we'll keep following you. Everybody. Hugo Lowell, thank you again for joining us today. Everybody stick around. We'll be right back with the good news after these messages.

Hugo Lowell (25:29)

We'll be right back.

Allison Gill (25:36)

Everybody. Welcome back. It's time for the good news.

Hugo Lowell (25:38)

Who likes good news?

Allison Gill (25:40)

Everyone? Then, good news, everyone. Good news. And if you have any good news, confessions, corrections. You want to play what the mutt with us? You want to send in your baby pictures? Dogs in costumes. We love that. Cats, especially in dresses. And I love the naked cats with wigs. Those are fun. Anything you want to send us at all, you can do so by going to DailyBeansPod.com and clicking on Contact Ag.

Dana Goldberg (26:12)

This first picture is for you.

Allison Gill (26:13)

Oh, yes, it is. Look at this. Correction. Anonymous Diwali. The D is pronounced like a V. Di Valley. I was at the zoo with my 19 year old daughter and had to get a pic of these frogs. Oh, we've changed subjects very quickly. Diwali. Thank you. I took two unacceptable pics before she grabbed my phone and took the photo. Luckily she didn't ask too many questions. It was the only photo I took that day.

Dana Goldberg (26:36)

I mean, that top frog, the frog that's on top is feeling this. That is a frog. I don't know if there's another frog involved that just might be a duo, but they are definitely making tadpoles.

Allison Gill (26:48)

Oh that's so great. Thank you.

Dana Goldberg (26:49)

I don't know how tadpoles are made, but I'm assuming that's it. All right. This is from Matt the bluish dot IN a gerrymandered red state. No pronouns given. I was a die hard veteran. GOP is the only way voter forever. Even voted for Trump in 2016. Then Trump absolutely broke my faith in that party and really opened my eyes that all of the enablers are just bad eggs like him. Perhaps I was too Pollyanna in my view, but am apparently now woke and happy as fuck to be while our Democrat governor candidate is Arkansas's Chris Jones, who did not beat out the highly unqualified Sarah Huckabee during the last election. It was incredible to see a ton of other forever GOP voters get excited when sing my yard sign or campaign support button. There is hope for us yet. For penance. Very good. I'm attaching a couple of Christmas pics of one of our four dogs, Carlos. He's a rescue ish and hates wearing clothes so we do it often. He looks like a. Oh my God, Carlos's face. He's so mad. He's so mad.

Allison Gill (27:56)

He looks like Max. Oh, look at his. His disdain of this Christmas sweater is epic.

Dana Goldberg (28:01)

Oh, it is. Thank you. Thank you for that.

Allison Gill (28:05)

Thank you for sending those in. Oh my God, they're so cute.

Dana Goldberg (28:08)

And welcome to the light side, Max.

Allison Gill (28:10)

Welcome to Wokeville. Next up from Kevin, AKA Audio magnate on the socials. This is Riley and his mom. Mom's the hairy one. Riley is my first dog after observing the traditional four year mourning period after the death of my beloved pumpkin. Riley was supposed to be a Yorkie Chihuahua mix a chorkie, but I'm not buying it. Riley's dad is unknown at this point and the puppy support enforcement team has so far failed to locate him. The only thing we know for sure is that mom is part Chihuahua. I'm leaning toward Dachshund, which would make Riley a Chihuahuini AKA German Taco. Dachshunds are probably really good at slipping under fences undetected, which would fit the bill of Riley's Love em and Leave em, dad. What do you guys think? Love the show. Love seeing both you guys on the Stephanie Miller show. Why isn't what the Munt one of the top dropdown choices? It's my favorite part of the show. I don't know, Kevin. We'll ask. Oh, answer. Kanaia's super lazy. Just kidding. He's on it.

Dana Goldberg (29:08)

Oh, Miss Baby. Oh my God, he's so cute. He's got a burly little chest. He's tiny and he has a burly chest. And look at him now. He's old.

Allison Gill (29:19)

He looks like he's got wired hair dachshund in him. You're right.

Dana Goldberg (29:23)

Oh my God, he's adorable.

Allison Gill (29:26)

I love him.

Dana Goldberg (29:28)

Here's a little end to your story here. Or is this a new one?

Allison Gill (29:31)

I don't know. It says, regarding the man who peed on another person in a plane, you should listen to the podcast Betty in the sky with a Suitcase. It's hilarious stories of a flight attendant peeing on people. Seems to be not uncommon for people who take Ambien or mix some anti anxiety pills with alcohol. Oh.

Dana Goldberg (29:47)

Oh my God. I'm sure they don't even know they're not in the bathroom. Jesus. All right, this is from Lisa Pronoun. She and her. Hi ladies. I've been a long time listener and tried to submit this in the past, but I think I forgot to hit send. Who knows? Lol. I'm not the best techie out there. You and me both, sister. But I have a submission of things parents have said. My mom liked to use the word twat. Yes, twat. She would call everyone a twat. Well, one day about 30 years ago, I was begrudgingly at church with my parents. But this day turned out to be the best time. There we were leaving church and the priest was at the door saying goodbye to everyone. We were saying our goodbyes and I don't remember what he said, but my mom said, oh, Father, don't be such a twat. I almost died. I realized right then and there she had no clue what it meant. Luckily, I don't think he had any clue what the term meant either. Or if he did, he didn't seem phased. We leave. I turn to my mom and I say, do you know what that means? And she looks at me with exasperation and says, of course. Okay. I say, what does it mean? And she said it means silly or goofball. I was rolling. I told her what it meant and she stopped dead in her tracks and very angrily said, no, it doesn't. Well, after that, I never heard her use the term. And for a few years after, she adamantly would deny the story. I stopped torturing her after a while. But every time I hear the word, I smile and think of my mom calling her priest a twat. She is. Oh, she has recently passed and the story still makes me smile. I provided a picture of a memento that my sister made me with my mom's old jewelry. It's a special thing to have of her as well. I have also provided my pet tax. Our new kitten I saved and was going to foster but failed. Her name is Nugget and she is a love. I forgot how much entertainment a kitten can provide. I hope you have a wonderful day and keeping the amazing women you are.

Allison Gill (31:39)

Oh, she's beautiful.

Dana Goldberg (31:43)

She is. And that jewelry piece is absolutely gorgeous.

Allison Gill (31:47)

That's incredible. What a cool idea. Yeah, I love this idea so much. Little brooches and pins to make a tree.

Dana Goldberg (31:54)

And now it's lovely. Not enough people do this.

Allison Gill (31:57)

That is fantastic. Thank you for all your submissions. And just a little tiny smidge of breaking news that I will cover tomorrow for you all just came across my desk here. Special counsel Jack Smith has subpoenaed Rudy Giuliani, asking him to turn over records to a federal grand jury as part of an investigation into the former president's fundraising following the 2020 election.

Dana Goldberg (32:21)

Lovely.

Allison Gill (32:22)

That's an interesting little subpoena nugget for you. And we will go over that a little bit tomorrow on the beans. Definitely in depth. On the next episode of Jack. Check out cleanup on aisle 45. Dana, do you have any final thoughts?

Dana Goldberg (32:35)

I do. An inappropriate one. I'm going to be a little bit of an ear fuck this week because I'm going to be in and out, so I'll be in and out of your ears. So I just called myself a little ear fuck. I won't be here tomorrow. I will be back with you on let's see, today and trying to figure out the days. Thursday morning. Yeah, I'll be back in your ears Thursday morning. But AG's got you covered. I will miss my friends and I'll be back in and out this week.

Allison Gill (32:58)

All right. Thank you so much for that. I appreciate. I appreciate. Whenever you can be here, you know that.

Dana Goldberg (33:04)

Are you kidding? I love this part of my life and I'm actually disappointed when I can't make the recording. So thanks for putting up with my schedule for so long.

Allison Gill (33:12)

She don't get to laugh at me for saying shit like penut.

Dana Goldberg (33:15)

Are you kidding? It's my new favorite. I was a friend of mine. I mean, there was like spit takes from that.

Allison Gill (33:22)

I was hoping that they would write in and actually say and lie for me and say that it is pronounced panute, but I know.

Dana Goldberg (33:28)

Hopefully they got a good laugh out of that though.

Allison Gill (33:29)

Get that. All right, I'll be back for the beans tomorrow and Dana will be back with me on Thursday. Until then, everybody, please take care of yourselves, take care of each other, take care of the planet, take care of your mental health.

Dana Goldberg (33:38)

Vote blue over Q and take everyone with you.

Allison Gill (33:40)

I've been AG and I've been DG and them's the beans.

Dana Goldberg (33:43)

Refried beans.

Allison Gill (33:44)

I like refried beans. MSW Media.