The Daily Beans: "Refried Beans | Smoking Out The Kush" (feat. Prof. Anthony Michael Kreis)
Air Date: September 1, 2023
Host(s): Allison Gill (AG), Dana Goldberg (DG)
Guest: Prof. Anthony Michael Kreis
Episode Theme:
Reflecting on pivotal political and legal moments from September 2023, the Beans crew discusses Proud Boys sentencing, the push for accountability of Jared Kushner’s foreign dealings, Project 2025’s radical plans for Trump’s hypothetical second term, the closing of the gun show loophole, and the escalating legal battles surrounding Georgia’s RICO case against Trump allies. Prof. Kreis offers deep analysis of the Fulton County proceedings.
Main Topics & Insights
1. Proud Boys Sentencing: Only Half the Guidelines
[04:45 – 08:37]
- Sentences: Proud Boys Joseph Biggs and Zach Rehl sentenced to 17 and 15 years for seditious conspiracy efforts on January 6 – about half the recommended guideline.
- Judge's Reasoning: Judge Tim Kelly (Trump appointee) ruled the sentencing guidelines “overstate the crime,” stating:
“It's not my job to label you a terrorist, and my sentence today won't do that.” (Kelly to Biggs, 05:56)
- Prosecution’s Stand: DOJ argued Proud Boys actions were akin to terrorism; Assistant US Attorney Jason McAuliffe:
“They aimed to intimidate and terrify...That’s no different than the act of a spectacular bombing of a building.” (06:13)
- Defense Arguments: Attorney Norm Pattis warned harsh sentences could cause “martyrdom syndrome” and discourage protest.
- AG’s Take: Hopes DOJ will appeal; notes both men lost military benefits after being convicted.
2. Raskin Calls to Subpoena Kushner Over Saudi Billions
[08:37 – 12:23]
- Key Issue: Rep. Jamie Raskin (D-MD) urges GOP chair Rep. James Comer to subpoena Jared Kushner regarding his firm Affinity’s receipt of $2B from the Saudi government soon after leaving the White House.
- Raskin’s Quote:
“I urge you to pursue a serious and objective investigation by issuing a subpoena to Affinity…” (10:05)
- Context: Raises broader hypocrisy on GOP’s refusal to probe Trump administration’s foreign entanglements while claiming to investigate similar conduct by Biden’s family.
- Additional Facts: UAE and Qatar contributed $200M each; 99% of Affinity’s $3B assets are foreign.
3. "Project 2025" – Efforts to Reshape the Federal Government
[12:23 – 17:56]
- Heritage Foundation Plan: Led by Project 2025, conservative groups are recruiting thousands for a potential second Trump term to “dismantle” the federal bureaucracy.
- Paul Dans, Project Director Quote:
“We need to flood the zone with conservatives. This is a clarion call to come to Washington.” (13:38)
- Key Proposals:
- Firing up to 50,000 federal workers.
- Restoring “Schedule F” to allow mass firings (at-will employment).
- Gutting DOJ independence and stopping FBI action against disinformation.
- Purging “woke” Pentagon initiatives and reinstating anti-vaxx service members.
- AG’s Commentary: Parallels drawn to authoritarian regimes – “Goebbels-level shit” (15:32).
- DG Observation: Trump and allies openly state their intent to use power to protect themselves and reshape government, risking end of democracy as we know it.
4. DOJ Moves to Close the Gun Show Loophole
[17:56 – 22:31]
- Regulatory Shift: DOJ proposes new rules clarifying when firearms sellers, including at gun shows, must be licensed and run background checks.
- Legal Background: Implements 2022’s Bipartisan Safer Communities Act and Biden’s executive order.
- ATF Director Stephen Dettelbach:
“An increasing number of individuals...have sought to make money through off book illicit sale of firearms. These activities undermine the law.” (21:15)
- Consumer Protections: Clearer differentiation between hobbyists/collectors and commercial unlicensed dealers.
- AG’s Take: “This covers the gun show guys, right?...That’s just, you know, bullshit.” (22:03)
Interview: Prof. Anthony Michael Kreis on Georgia’s Fulton County RICO Case
[24:04 – 39:48]
RICO Case Severance & Scheduling
[24:04 – 26:26]
- Multiple Defendants & Trials:
- Sidney Powell and Kenneth Chesebro invoked speedy trial rights; trial expected in fall 2023.
- Trump and others likely seeking to delay; DA Fani Willis supports spring 2024 timeline.
- Judge Scott McAfee holds ultimate discretion on trial groupings and timelines.
- Federal Removal Issue: Potential for some cases to move to federal court is a legal wildcard.
Federal Removal for Meadows – Is One Overt Act Enough?
[26:26 – 29:50]
- Legal Complexity: Judge Jones wants to know if one overt act as part of Meadows’ official duties could justify removal; Fani Willis could drop that overt act from the charge.
- Prof. Kreis:
“This is really, in many respects, a novel issue...Georgia RICO...is a broad conspiracy statute… Not as narrow as the federal law.” (28:20)
- Prediction: Complex legal questions may set new precedent.
Speedy Trial Rights – Defendant or Public Interest?
[29:50 – 33:12]
- Georgia Law: Fast trial primarily defendant's right—their protection against fading evidence.
- Federal vs State: Jack Smith in federal court argues the public also has a right; less clear in Georgia context.
- Transparency: Unlike federal court, Fulton County plans to televise proceedings via YouTube for public accountability.
Breaking Up the Trials – Pros & Cons
[33:12 – 36:20]
- Split Trials Impact:
- May give Trump’s team a preview of the prosecution’s tactics.
- Risk: Early acquittals could shape public perception and harm subsequent prosecutions.
- Prof. Kreis:
“Losing in these early trials would be really, really damaging, I think, for the credibility of future proceedings...” (35:10)
Can Kemp or GA Lawmakers Remove Fani Willis?
[36:20 – 39:32]
- Gov. Brian Kemp’s Stance:
- Denounces removal talk, insists there’s no evidence of misconduct.
- Does not directly control the oversight commission; his public stance is influential.
- Speaker of the House: More practical ability to prevent impeachment articles; process seen as a “non-starter.”
- Political Risk: Some GOP rhetoric veers toward incitement, but leadership not supporting these moves.
Notable Quotes & Moments
-
Judge Tim Kelly (on sentencing Proud Boys):
“It's not my job to label you a terrorist, and my sentence today won't do that." [05:56]
-
Assistant US Attorney Jason McAuliffe (on terrorism):
“That’s no different than the act of a spectacular bombing of a building.” [06:13]
-
Rep. Jamie Raskin (letter to Comer):
“I urge you to pursue a serious and objective investigation by issuing a subpoena to Affinity…” [10:05]
-
Project 2025 Director Paul Dans:
“We need to flood the zone with conservatives. This is a clarion call to come to Washington.” [13:38]
-
AG on right-wing takeover efforts:
“This is Goebbels-level shit.” [15:32]
-
DOJ Attorney General Merrick Garland:
“This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.” [21:05]
-
Prof. Anthony Michael Kreis (on split trials):
“Losing in these early trials would be really, really damaging, I think, for the credibility of future proceedings...” [35:10]
Timestamps for Key Segments
- Proud Boys Sentencing: 04:45–08:37
- Raskin Kicks Up Kushner Subpoena Push: 08:37–12:23
- Project 2025—Right-Wing Plans for the Federal Government: 12:23–17:56
- Closing the Gun Show Loophole: 17:56–22:31
- Interview: Prof. Anthony Michael Kreis (Georgia RICO, Severance, Removal): 24:04–39:48
Tone & Style
- The Daily Beans maintains its trademark mix of serious progressive political analysis and irreverent, conversational snark.
- Co-hosts AG and DG balance legal insight with humor (“Goebbels-level shit,” “dude with the rat—you get the ears”), and don’t shy away from their personal perspectives or candid language.
- Prof. Kreis, as an expert guest, provides measured, accessible legal context without losing the show’s engaged tone.
Additional Segments
- Good News / Listener Mail [40:02–49:48]: Heartwarming stories, pet pictures, and community camaraderie.
- Calls to Action: Reminders to join Patreon, activist optimism (“vote blue over Q”), and supporting each other.
Conclusion
This episode canvasses a critical stretch in U.S. political and legal life, underlining the stakes of ongoing prosecutions, the organized effort of rightwing groups to overhaul government norms, and the urgent need for reform and oversight at all levels. With nuanced, candid commentary and on-the-ground analysis from Prof. Kreis, listeners receive both the immediacy and the layered complexity behind the headlines.
