Podcast Summary: The Daily Beans – "Refried Beans | Re-defamation (feat. Stephen Vladeck)" | May 12, 2023

Release Date: May 11, 2025

Hosts: Allison Gill & Dana Goldberg
Guest: Professor Stephen Vladeck, Author of The Shadow Docket

Introduction

In this insightful episode of The Daily Beans, hosts Allison Gill and Dana Goldberg delve into significant political and legal developments, blending progressive news with their characteristic wit and snark. The discussion is enriched by a special interview with constitutional law expert Stephen Vladeck, author of The Shadow Docket. The hosts also share uplifting good news stories contributed by their listeners, providing a balanced mix of hard-hitting analysis and heartwarming moments.

Key Topics Discussed

1. E. Jean Carroll's Potential Defamation Lawsuit Against Donald Trump (00:45 – 07:34)

Allison Gill opens the episode by addressing the ongoing legal battle between E. Jean Carroll and former President Donald Trump. Following Trump's defamatory remarks about Carroll during his CNN Town Hall appearance, Carroll's attorney is contemplating filing a new defamation lawsuit. This potential suit comes on the heels of a federal jury in Manhattan awarding Carroll $5 million in damages for sexual abuse and defamation.

Notable Quotes:

• Allison Gill (05:59): "It's just stupid. It's disgusting, vile, foul. It wounds people."
• Dana Goldberg (07:34): "I hope that this empowers some of the other women who he definitely sexually abused, if not raped, to come forward..."

The hosts emphasize the impact of Trump's low viewership ratings on CNN, highlighting that his recent town hall garnered only 3 million views—a stark contrast to previous major political events like the Cassidy Hutchinson testimony, which drew 13 million viewers. They argue that mainstream media's reinforcement of Trump's legitimacy is misleading, considering his relatively small support base.

2. Merrick Garland's Authorization to Transfer Forfeited Russian Assets to Ukraine (07:34 – 09:29)

Dana Goldberg reports on Attorney General Merrick Garland's decision to transfer forfeited Russian assets to support Ukraine amidst the ongoing conflict. The first transfer involves assets from Russian oligarch Konstantin Malaviev, who was charged with violating sanctions by financing separatist movements in Crimea.

Notable Quotes:

• Dana Goldberg (08:10): "Malaviev. With violating sanctions imposed on Russia after its invasion of Ukraine."
• Allison Gill (09:07): "Booyah. Well done, Malaviev."

The hosts commend the Justice Department's efforts, relating it to previous actions like the seizure of Deripaska's aluminum plant, reinforcing the U.S. stance against Russian aggression.

3. Justice Department's Victory on January 6th Obstruction Cases (09:30 – 13:33)

Kyle Cheney from Politico contributes an analysis on the Justice Department's potential success in upholding obstruction charges against individuals involved in the January 6th Capitol riot. A three-judge panel from the D.C. Circuit Court of Appeals appears inclined to support the DOJ's broad interpretation of obstruction under 18 U.S. Code § 1512, which could solidify hundreds of such convictions.

Notable Quotes:

• Kyle Cheney (12:45): "Nothing has changed the law, and I don't think it's going to change."
• Dana Goldberg (13:33): "Trump probably incriminated himself further in all three cases, by the way, that are still pending federally."

The discussion underscores the legal challenges faced by defendants and the DOJ's strategic positioning to maintain stringent obstruction charges, reflecting the broader implications for accountability stemming from the January 6th events.

4. FDA Lifts Ban on Blood Donations from Gay and Bisexual Men (14:01 – 18:09)

Allison Gill and Dana Goldberg transition to a positive development in public health policy. The FDA has ended the longstanding prohibition on blood donations from gay and bisexual men, a move widely praised as a step towards dismantling discriminatory practices rooted in outdated stereotypes.

Notable Quotes:

• Dana Goldberg (16:25): "The bias embedded into this policy may in fact cost lives."
• Allison Gill (17:38): "I remember this going all the way back to the late '80s, early '90s."

The new policy focuses on individualized donor assessments based on recent sexual activity rather than blanket bans, aligning U.S. practices with those of Canada and the United Kingdom. While the removal of such discriminatory barriers is celebrated, the FDA retains restrictions on donors using oral PREP medications to prevent HIV, citing safety concerns.

Special Interview: Professor Stephen Vladeck on The Shadow Docket (18:49 – 32:38)

In an exclusive segment, Professor Stephen Vladeck joins Allison Gill to discuss his forthcoming book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Vladeck explains the concept of the "shadow docket," referring to the Supreme Court's unsigned and unexplained orders that constitute over 99% of its decisions.

Notable Quotes:

• Stephen Vladeck (19:14): "The shadow docket is basically every ruling that the Supreme Court hands down, other than the merits docket."
• Allison Gill (24:55): "This court is closer to the dread court than the loving court."

Vladeck elaborates on how these opaque decisions allow the Court to extend its influence without the transparency afforded to full oral arguments and recorded opinions. He argues that the increasing frequency and significance of shadow docket decisions signify a consolidation of power that poses risks to democratic accountability.

The conversation also touches upon the historical evolution of the Supreme Court's authority, the erosion of inter-branch checks, and the challenges posed by lifetime appointments. Vladeck advocates for institutional reforms to restore a balance of power and enhance the Court's accountability.

Good News Segment (33:09 – 49:52)

Shifting gears, Allison and Dana introduce their "Good News" segment, featuring heartwarming stories and positive updates from their listeners.

Highlights:

• Correction on George Santos' Bail: A listener clarifies that George Santos' bail is set at $500,000, not $50,000.

  Allison Gill (33:09): "George Santos. Bail is $500,000, not $50,000."

• Shoutouts to Local Businesses and Community Members: Listeners share appreciative messages for local businesses, including an LGBTQ-owned auto repair shop, Good Judy Garage.

  Dana Goldberg (34:22): "Good Judy Garage. Thank you so much."

• Personal Stories and Encouragement: Heartwarming interactions, such as Ty from Lincoln, Nebraska, celebrating Shelter Movers Waterloo Region's milestone of 300 successful moves supporting victims of domestic violence.

  Dana Goldberg (44:21): "Shelter Movers is an organization in Canada that provides no-cost moving and storage assistance..."

• Creative Contributions: Listeners submit amusing and creative content, including "awkward family dog photos" and original song verses supporting progressive causes.

  Allison Gill (36:48): "This poor baby."

• Community Support and Volunteerism: Recognizing the efforts of individuals like Todd, who volunteers with Shelter Movers, and Miranda, a self-employed creator supporting her family during the pandemic.

  Allison Gill (45:17): "My bit of Wonder is the name of it. mybitofwonder.com..."

The hosts encourage listeners to continue sharing their good news, fostering a sense of community and positivity amidst the often tumultuous news landscape.

Closing Remarks

Allison Gill and Dana Goldberg wrap up the episode by promoting upcoming events and addressing their audience with warmth and encouragement. They highlight Dana's participation in a Human Rights Campaign fundraiser in Las Vegas and tease future bonus content for Patreon supporters. The episode concludes on a hopeful note, reiterating the importance of mental health and community support.

Final Quotes:

• Allison Gill (49:49): "Vote blue over Q and take everyone with you."
• Dana Goldberg (49:52): "I've been AG and I've been DG and them's the beans. Refried beans."

Conclusion

This episode of The Daily Beans offers a comprehensive overview of pressing legal and political issues, complemented by thoughtful analysis and expert insights from Professor Stephen Vladeck. The blend of serious discourse with uplifting community stories ensures that listeners are both informed and inspired. With a focus on accountability, justice, and progress, Allison Gill and Dana Goldberg continue to deliver content that resonates with their progressive audience.