Podcast Summary: The Daily Beans – "Refried Beans | Special Counsel 2.0"

Original Air Date: November 21, 2022
Episode Rebroadcast Date: November 23, 2025
Host: Allison Gill (AG), MSW Media
Guest: Andrew Weissman (former Mueller prosecutor, author of "Where Law Ends")
Tone: Progressive, candid, informative, with characteristic humor and directness

Episode Overview

This episode revisits a critical moment from November 2022, filled with fast-moving legal and political news:

• The appointment of Jack Smith as Special Counsel to oversee investigations into Donald Trump
• The tragic mass shooting at an LGBTQ+ club in Colorado Springs
• Significant legal and judicial stories, including SCOTUS leak allegations and progressive wins in Florida
• A detailed interview with legal expert Andrew Weissman about the Jack Smith appointment and what it could mean for Trump investigations
• Listener-submitted "good news" messages to close the show on a hopeful note

Key Discussion Points & Insights

1. Appointment of Jack Smith as Special Counsel (00:44–16:53)

Background and Rationale

• Merrick Garland appoints Jack Smith to oversee two Trump-related criminal probes:
  • The fraudulent elector (January 6th) scheme
  • The Mar-A-Lago classified documents case
• Jack Smith’s Background:
  • Former Hague war crimes prosecutor
  • Chief of DOJ's Public Integrity Unit
  • Known for his aggressive and effective prosecutorial style

Why a Special Counsel?

• Power: Special counsels have robust prosecutorial tools and can issue grand jury subpoenas that carry serious consequences.
• Speed & Focus: Unlike U.S. attorneys, a special counsel is entirely focused on the designated investigations.
• Transparency: Must inform Congress if the AG narrows the scope or blocks indictments.
• Independence: Shields investigations from claims of political bias, especially after Trump declared candidacy.

"If he uses prosecutorial discretion to say, well, I have all the facts and the law on my side, but I just don't feel like it's the right thing to do for political reasons... I would consider that a death knell for the rule of law in America." — Allison Gill (14:47)

How This Differs from Mueller:

• Jack Smith doesn't operate under an OLC memo barring indictments of a sitting president.
• Trump is no longer president nor protected by executive privilege—Biden has refused to invoke it for Trump.
• No Bill Barr or Rod Rosenstein to politicize findings.
• Jack Smith inherits seasoned prosecutors and a trove of evidence from congressional investigations.

"Jack Smith will not be working under the constant threat of being fired or having his investigation curtailed." — Allison Gill (13:38)

2. Supreme Court Leak Allegations (16:00–17:00)

• Rev. Bob Schenck alleges Justice Alito leaked the Hobby Lobby decision in advance to anti-abortion activists.
• Schenck details years of "stealth missionaries" cultivating relationships with justices.
• Alito denies the claim. Schenck provides documentation to The New York Times.
• Calls for Senate investigation into both the 2014 Hobby Lobby leak and the 2022 Dobbs draft leak.

3. Other Major News (17:00–20:00)

• Colorado Springs Shooting:

  • Mass shooting at LGBTQ+ club Club Q, linked to violent right-wing rhetoric.
  • Praises the courage of patrons who stopped the gunman.
  • Urges for assault weapons ban; shares support for the affected community.

• GOP Operative Convicted:

  • Jesse Benton found guilty of funneling Russian money into Trump’s campaign (2016), despite prior Trump pardon.
  • Quote from prosecution:

    "Jesse Benton, by his actions, did damage to those principles." — Asst. U.S. Attorney Michelle Parikh (19:23)

• Florida "Anti-Woke" Law Blocked:

  • Federal judge calls DeSantis-backed law "positively dystopian," quotes from 1984:

    "It was a bright cold day in April, and the clocks were striking thirteen… the powers in charge have declared the state has unfettered authority to muzzle its professors in the name of freedom." — Judge Mark Walker (20:10)

In-Depth Interview: Andrew Weissman on Jack Smith’s Appointment (16:53–36:04)

Jack Smith’s Experience & Aggressiveness

• Known for being “extremely aggressive” and “not a timid choice.”
• Overlaps with Weissman at EDNY and DOJ fraud section.
• Expected to act if evidence and DOJ policy support charges, unconcerned about external pressures.

"He [Jack Smith] is going to be doing it, making decisions for the right reasons, consistent with the department policy." — Andrew Weissman (19:53)

The Model Prosecution Memo

• Weissman and top legal minds published a detailed memo on the Mar-a-Lago documents case, meant to educate the public since DOJ memos are not publicly available.
• Memo outlines similar statutes applied in other cases, establishes precedent, and discusses possible additional charges (18 U.S.C. 641, 402).

Potential Charges and Legal Nuances:

• 18 U.S.C. § 641 — Theft of government property (applies even if documents aren't classified).
• 18 U.S.C. § 402 — Failure to comply with a subpoena (though there are specific challenges regarding who the subpoena was directed to).
• DOJ will be guided by precedent; treating Trump “no better or worse” than others similarly charged.

"When you're a prosecutor, you look for things that are very sort of just the things that fit really closely with the facts so that it's just an easy story to tell to a jury." — Andrew Weissman (25:34)

Timeline Considerations

• SIPA (Classified Information Procedures Act) could delay trial but not indictment.
• Most of the investigative team is expected to stay on.

Memorable Exchange

"Have you gotten any phone calls to be on this team?"
"Oh, I'm not going back to the government. High five." — AG & Andrew Weissman (32:10)

Notable Quotes & Memorable Moments

| Timestamp | Speaker | Quote | |-----------|----------------|-------| | 00:44 | Allison Gill | "Attorney General Merrick Garland has appointed Jack Smith special counsel to investigate Donald Trump." | 14:47 | Allison Gill | "If he uses prosecutorial discretion to say ... I would consider that a death knell for the rule of law in America." | 16:53 | Andrew Weissman| "Jack Smith is an extremely experienced prosecutor ... He is not a timid choice." | 25:34 | Andrew Weissman| "When you're a prosecutor, you look for things that are just the things that fit really closely with the facts ... an easy story to tell to a jury." | 20:10 | Judge Mark Walker| "It was a bright cold day in April and the clocks were striking thirteen … the powers in charge of Florida's public university system have declared the state has unfettered authority to muzzle its professors in the name of freedom." | 19:23 | Michelle Parikh | "Jesse Benton, by his actions, did damage to those principles."

Important Timestamps

• 00:44: Main news headlines (Garland appoints Jack Smith, Colorado Springs shooting, SCOTUS leak)
• 10:18: Deep dive: Why a special counsel and how Jack Smith differs from Mueller
• 16:53: Interview begins with Andrew Weissman
• 18:49: Weissman’s perspective on Jack Smith’s experience & style
• 23:19: Discussion of prosecution memo, comparable past cases
• 24:28: Additional statutes and legal strategy (18 U.S.C. 641, 402)
• 34:24: SIPA considerations — how classified information affects trial timing
• 36:04: Transition to “good news” segment

Listener Good News Segment (36:30–End)

• Uplifting anecdotes from listeners, including successful pet adoptions, volunteer work, and support for the LGBTQ+ community after the Colorado Springs tragedy.
• Listeners encouraged to support each other and progressive causes; show closes with calls to action and gratitude.

Summary Takeaways

• Jack Smith’s appointment as special counsel signaled an escalation and renewed focus on accountability in Trump probes.
• Legal experts like Andrew Weissman reinforced Smith’s credentials and aggressive, principled approach.
• The episode contextualizes the 2022 political climate: anti-LGBTQ violence, judicial ethics scandals, and backlash to anti-woke legislation.
• Through both hard news and personal stories, the Daily Beans delivers sharp analysis, a progressive perspective, and a sense of community resilience.