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The Daily Beans
Refried Beans | The Elevens | 12/2/2022
00:24:03
Friday, December 2nd, 2022 In the Hot Notes; the 11th circuit has vacated Judge Cannon’s ruling appointing a special master in the Mar-a-Lago documents case; Joel Greenberg is sentenced to 11 years in prison; Cochise County Arizona is ordered to certify their results as a judge orders Kari Lake’s lawyers to pay rule 11 sanctions fines; a federal judge has ordered the Pats to provide additional testimony to a federal grand jury; plus Allison and Dana deliver your Good News.
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A
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.
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B
Refried beans. I like refried beans. That's why I want to try fried beans, because maybe they're just as good and we're wasting time.
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A
With swearing.
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B
Daily Beans. Daily Beans. J Beans. Daily Beans.
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A
Hello and welcome to the Daily beans for Friday, December 2, 2022. Today, the 11th Circuit has vacated Judge Cannon's ruling appointing a special master in the Mar A Lago documents case. Joel Greenberg is sentenced to 11 years in prison. Cochise County, Arizona is ordered to certify their results as a judge orders Carrie Lake's lawyers to pay Rule 11 sanctions fines. And a federal judge has ordered the Pats to provide additional testimony to a federal grand jury. I'm Alison Gill.
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B
And I'm Dana Goldberg.
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A
It's the day of the elevens, Dana.
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B
It is. And it's a good day for news today and justice party in the USA.
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A
So we have the 11th Circuit, 11 years in prison, and Rule 11 sanctions. It's like elevens on this December 2nd. So we finally got that 11th Circuit ruling. I did a thread about it over on Twitter. Of course, I was paraphrasing a lot, making the courts say things like, nah, bro, you suck. And I think that was a quote.
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B
Verbatim, by the way.
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A
And what's really cool is Department of Justice gets to keep the Donald Celine Dion photo, as evidenced in a footnote in the ruling. So I'm going to cover that in hot notes. And Andrew and I, Andrew Torres and I will go over it in depth on the bonus episode of cleanup on aisle 45 for patrons this weekend. And Dana, I can announce a new.
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B
Podcast, Tell me, because the name's amazing. Thank you very much.
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A
I know I promised everyone I wasn't gonna do a new podcast about the new special council, but over Thanksgiving, I changed my mind. Cause I got a ton of messages saying, we need you to do this. You did the Mueller investigation thing, and now we need you to do the Jack Smith thing. So Andrew McCabe and I are joining forces to start a podcast called you don't know Jack.
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B
Oh, so good. I'm so proud of you.
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A
Thank you. And I'm very excited about it. This time, we don't have Office of Legal Counsel memos preventing us from indicting sitting presidents. We don't have bar in the way to spin the findings. It's going to be a very different special counsel investigation, and I'll be able to go over it with somebody who's an expert not only in classified documents and counterintelligence and counterterrorism, but somebody who, you know is probably the single reason that the Mueller special counsel investigation existed in the first place. Andrew McCabe, good friend of mine, he's going to be co hosting with me. So I'm very excited and we'll talk about all things Jack Smith. So that's coming out Sunday. I know everybody said they want stuff to, you know, they don't have any podcasts to listen to on Sundays. And Mueller, she Wrote came on Sundays. So we're going to do you don't know Jack on Sundays. The Sunday it was. Well. So I'm very excited with that. We have a lot of news to get to. You're right, dude, Dana. Today. Such a great day for news. Such a great day for justice. I love you.
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B
You're right, dude. Dude, Dana. Yep, I'm Dude, Dana. I'm fine with that today. Let's keep it moving. You're right, dude, Dana. That's pretty sick.
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A
Sick circuit, sick. 11th Circuit decision, bro.
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B
Oh, man, you got some nodes to hit for me.
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A
I do. I have some hot notes. Hot notes. All right, as I said at the top of the show, the 11th Circuit ruling is in and they have vacated Judge Cannon's order appointing a special master, citing a lack of equitable jurisdiction. Remember the old quote, you cannot have equitable jurisdiction over inequitable acts. And just as I said, the first Richie factor is dispositive and Trump failed to meet it. He didn't even argue it. But just like they did In Chapman, the 11th Circuit went over the remaining three Ritchie factors for funsies and showed that none of them were met. And if they allowed for this, then anyone could sue the government after a search warrant and get a special master appointed. And they're like, nah. So they go on to say that the only possible argument Trump had left after all the Richie factors weren't met was that he's a former president. And they say even though it's bad for America when a former president has a search warrant executed on his house, like, even though that sucks and is totally unprecedented, the courts can't interfere in a criminal investigation, a separation of powers. It's a Constitution thing. And Cannon has no jurisdiction here. So they vacated her order and remanded Cannon to dismiss the entire case. So the special master is now moot. I imagine Donald Trump will try to say please, Supreme Court step in and stop this from happening. But I think just like in October when the Supreme Court says no, unanimously, no, we're not stepping in to stop this. I don't think they'll do it here either. And so all those documents, the non classified ones now are going to leave the special master, Judge Deary, and they're all go back to the Department of Justice, including Celine Dion photos.
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B
So.
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A
Now, you know, I don't think there's going to be too much of a delay here at all between the time between now and when the DOJ gets their documents back to continue with their criminal investigation, which is now being overseen by Jack Smith. Documents investigation is one of the two Trump criminal investigations being being overseas and obstruction. So three there by Jack Smith. So it should be pretty interesting. And you know, we'll go over all this with Andy on Sunday on the new show.
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B
All right, thank you so much, AG And Joel Greenberg, convicted fraudster. You know the guy, he cooperated extensively with the Justice Department's sex trafficking probe into Matt Gaetz. Well, he was sentenced to Thursday to 11 years in prison by a federal judge in Florida. Greenberg, who was a former Seminole county tax collector, if that's what you'd like to call him, previously pleaded guilty to underage sex trafficking, wire fraud, stalking, identity theft, producing a fake ID card and conspiring to defraud the US government. He's been in jail since early 2021 and he'll get the credit for that, a little bit of time served. And this is a quote, I've never seen a defendant who has committed so many different types of crimes in such a relatively short period. And this is from the judge, Judge Grego Presnell, who has been on the federal bench for decades and has sentenced more than a thousand defendants. He's like, no one's been as much of a fuck up as you in such a short amount of time. Fresnel did praise Greenberg's cooperation, though, against others allegedly involved in sex crimes and fraud schemes, saying the cooperation was more than I've seen in 22 years. Holy shit.
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A
Most crimey and the most cooperating.
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Indeed. And as part of his plea deal, Greenberg provided information and investigations about Gates related to the sex trafficking pro. And that's from a source familiar with the case. That's what they told cnn. Now, women who attended parties with Greenberg. Anne Gates previously told CNN that they participated in sex parties near Orlando that featured local political figures, young women, Venmo payments, alcohol and drugs. After the sentencing, Greenberg's attorney, Fritz Scheller, who said he was disappointed that the judge depart that the Justice Department hasn't charged anyone else as part of the sex trafficking investigation that includes Gates. So you have to wonder, I'm disappointed that they haven't done anything yet. That means he thinks his client gave them enough information to charge. Now, Scheller previously said in a court that Greenberg gave investigators information about seven or eight other men as it pertains to its illegal sexual contact with a minor. This is a quote, we expect the federal government to take on the hard cases and not just the easy convictions. This is from Scheller again urging prosecutors to pursue the others. That's what they're there for. He continued saying the Justice Department should hold higher level figures accountable for the sake of democracy. And let's hope that they do.
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A
Yeah, I gotta say I agree with Joel Greenberg's lawyer. Another thing that happened today, a federal this is almost a bigger story than. The 11th Circuit federal judge has ordered former top Trump White House lawyers to provide additional grand jury testimony rejecting Trump's privileged claims in the Justice Department's criminal investigation in his effort to overturn the election. Pat Cipollone, Trump White House counsel, and his deputy Patrick Philbin. The Pats appeared in September before the grand jury in D.C. as part of a Justice Department investigation which is now being overseen by newly appointed special counsel Jack Smith. The Pats declined to answer some of the questions at the time. Not because they're assholes, but because they, you know, thought that they might, you know, succumbed to executive privilege because they cited Trump's claims of executive privilege and also attorney client privilege. Right. Cipollone Philbin didn't respond to CNN's request for comment. Trump is expected to appeal. CNN has reached out to his representatives. Now, Trump has lost this appeal before. The Justice Department did not respond to requests for comment. But the privileged claims have been the subject of an ongoing legal battle in secret proceedings before the Washington federal judge overseeing the grand jury, that is Judge Beryl Howe. The judge has similarly rejected Trump's privileged claims for other witnesses, including, as we know, top former Vice President Mike Pence, aides Mark Short and Greg Jacob. They provided a second round of grand jury testimony after the judge ordered them to answer additional questions as part of a January 6th related probe. So here we go.
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I love it. And a little note on this. You remember how we covered that story yesterday about Wall and the other guy that got busted? They have to do 500 hours of voter registration. It's in specific areas, like inner city areas in New York. Like, it's not just wherever they want. Yeah. So it's a good thing on that. And AG this afternoon, a federal judge sanctioned lawyers for failed Arizona. I love that. Failed Arizona gubernatorial candidate Carrie Lake, who sued to force the state to use paper ballots in the November election. In point of fact, the state does use paper ballots, a fact which could have been determined by the plaintiff and her lawyers had they even bothered to conduct the factual. This is a quote, the factual legal pre filing in cruy that the circumstances of this case reasonably permitted and required, which they did not. That's not a sentence you ever want to read if you're on the pointy end of sanctions orders. You could have figured this out yourself. Now, nor are you looking for several pages of eviscerating the complaint. They eviscerated this complaint as a collection of mere conjectural claims and potential injuries, followed by the ominous warning that Rule 11 requires more. So this is safe to say that the US Judge, the district judge, John J. Tucci, was not amused that his time was wasted at being forced to spend months dealing with the garbage lawsuit Mike Lindell, the pillow guy, cooked up to, quote, sue all the machines. I'm suing the machines.
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A
Okay, Neo?
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Yep. Okay, fella, go back to your kiosk. The MyPillow CEO has a team of lawyers he regularly employs for these windmill tilts, including I kept my underwear on Alan Dershowitz, who actually put his name on this pile of shit. Like, he signed it. He signed on in April. A consortium of plaintiffs, including Lake and Secretary of State candidate Mark Fincham. Well, they sued, demanding that the state use only paper ballots for the upcoming election. Well, the court characterized this as entirely frivolous because defendants are already doing what plaintiffs want them to do. Why the fuck are you suing for something that's already happening? So then Dershowitzshowitz comes on, along with attorneys Andrew Parker and Kurt Olson, will be jointly and severally liable for the Maricopa county defendant's attorney's fees. They're now on the hook for them, which is an ignominious. We're learning new words here on the Daily Beans. If anyone wants to tell us how this is pronounced, that's great, but I think it's ignominious end. Yeah, because like an unceremonious, it's probably come from the same word, ignominious end to the Harvard emeritus professor's long legal career and an even More ignominious end to the big lie claims that brought Donald Trump and his acolytes that were brought by him.
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A
Yeah, this article, it's well written.
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Jesus Christ.
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But it's not an easy read.
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No, thank you. I'm looking at this going, listen, I'm a smart woman. I don't know some of these words, and I'm okay admitting that.
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Which is, all right, the Harvard emeritus professor's long legal career. And even more ignominious end to the big lie claims brought by Donald Trump and his acolytes. Acolytes. Ignominious emeritus.
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B
So good.
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A
So many.
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So many SAT words. Well, a judge ordered Cochise county in Arizona to certify their election results by 5pm Thursday, which they did. And all of Arizona is now certified. And it's a good thing they fucking did, because if they had not, a Democrat would have taken a seat because the Republican votes wouldn't have been counted.
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A
Yeah, and I think that that's a really big important point. Katie Hobbs, who's currently the Secretary of State, she's the governor elect, sued Cochise county to force them to count their votes. And they're mostly Republican votes. And had she not. And had they not certified these votes, it would have flipped a couple of seats Blue, including Arizona 6 and the school superintendent race. But Katie Hobbs, who is a Democrat, believes that all votes should be counted as they should.
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B
And you know what? If I'm going to have this hard of a time pronouncing words, I should be drinking while we record.
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A
That is a very good point, and I highly recommend you should do that.
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B
Thank you very much.
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A
You go get that, and then we're going to get to the good news. But we're going to take a quick break first, so everybody stick around. We'll be right back. Hey, everybody, it's AG. Does reading the news make you totally lose your shit? Do you wish there was a way to make a difference anyhow? Then check out Red Wine and Blue's new podcast, how to Not Lose youe Shit. Red Wine and Blue is a community of more than half a million diverse suburban women working together to defeat extremism. And they have a theory. What if politics and self care aren't actually opposites? What if connecting with our neighbors and making real positive change can make us feel even better than a bubble bath or a manicure? How not to Lose youe Shit is hosted by Katie Paris, the founder of Red Wine and Blue, and lafonda Cousin, the chief people officer and Self care advocate and part time yoga teacher. Every week they're talking to experts and everyday women who are getting involved, building community and feeling better in the process. So listen and subscribe now to how not to Lose youe Shit. Wherever you get your podcasts. Everybody. Welcome back. It's time for the good news. Who likes good news?
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Everyone? Then good news everyone.
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A
Good news, good news. And if you have any good news confessions corrections. You want to play what the Mutt with us where you send in your rescue pup and we try to guess the breeds very badly I might add. Baby pictures. Dana loves baby pictures.
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B
I love the baby pictures.
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Any pet photos, your fur babies, especially in costume or holiday stuff. You know, I love those too. But any old pet photo will do. They're the best happy places. Shout outs to people that you love. Shout outs to small businesses in your area. Send it all to us@dailybeanspod.com. just click on contact. First up from Carmadillo, I listen to your show every morning when I'm milking my goat. Thanks for keeping me updated. And here's the goat.
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B
Oh, my God. So sweet.
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A
Hi, goat. I love goats.
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There's definitely some chow chow in that one. And a little bit of Shetland pony. I think I see an Australian Ridgeback.
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A
I think I see Rhodesian Ridgeback because of the stripe on the back there. Yeah, definitely, yeah.
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And some bad labs. Okay, this next one's from Jackie Pronoun. She and her.
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A
Hello, lovely ladies.
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I wanted to brag on my teenagers. These two kids, 13 and 15, are incredible. Empathetic, smart and sensitive kids. Parenting teenagers can be unpredictable, intense and maddening. But these two have grown into amazing humans. I can't wait to see what they do as they enter adulthood, but I know it will be something amazing. The other pictures are for the 80s kids out there. My sister and I in our Halloween costumes, we had the best time running around our neighborhood collecting candy through a hole we cut in the mouths. We are declared winners of Halloween by all the adults we saw. The kids thought we were just jellyfish. Thanks for all you do.
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A
Look at these kids. Beautiful kids.
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Oh, my goodness. Oh, my God. Look at.
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Yes. Oh, yep, yep, yep. Radio. Radio, telephone. Hello? Hello. Oh, my God. It's the.
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B
Oh, so good.
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A
You are the winners of all Halloween. The Sesame street aliens.
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And then the people just put the candy through the hole. It's brilliant. It's absolutely brilliant.
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A
Yep, yep, yep, yep, yep. So beautiful. Thank you. Thank you so much. Excellent costume. Next up, from Barb in Paradise. Pronoun. She and her sending you pics of my grand dog and grand cat. Probably all I'm getting. Oh, nudge, nudge. To Barb's kids.
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B
Little, little shaming there. I know, right?
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Both are rescues. Can't wait for the new podcast to add to my daily lineup while drinking my coffee and come on the 11th Circuit. We're tired of waiting. Well, Barb, we got the 11th Circuit today. And look at these babies.
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B
Look at that gorgeous cat. What is wrong with me?
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A
That coloring is really incredible. Yeah, it's like a Russian blue meets a some sort of seal point. Some sort of calico.
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Look at that. Next picture, the blue eyes. My God, that's beautiful kitty.
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A
Thank you for that. Absolutely. And then a quick one from Valerie Klein. I've got your sink, Elon, and it's a cat on a sink. Hello, kitty. Hello, void kitty.
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B
Thank you very much. This next one's from anonymous. Pronouns he and him. This is a unique what the mutt. I've been loyally listening since September, and you're one of my go to podcasts daily. Love the work you all do and thoroughly enjoying the cleanup pod too. I'm so appreciative of this podcast. We have a blue nosed pit bull, Luna, and something which is Ivy. My what? The mutt is seeking your opinion. What is Ivy? She's smart as hell. Super sweet. Curly ish tail. And we adopted her in 2018. Originally named Blanche from the Golden Girls, but my daughter renamed. We're told she's a pit mix. No thinking rat terrier mix. Well, what the mud is Ivy?
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A
Oh, looks like a pibble and a boxer and something with a curly tail.
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B
Yeah, I think there might actually be a chow chow. What is the curly tail? The pug.
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A
Pugs have curly tails?
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B
Yeah. Oh, my God. Could you imagine if that was a pug boxer pit bull mix? This poor pug.
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How do you even get that? Maybe. Hey, you know.
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B
Oh, my God. Beautiful dog, though.
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A
So what a good baby.
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B
Oh, so, so sweet. All right, take her away.
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A
All right, thank you very much from Rob Murray. Hi Alison and Dana and the Daily Beans community. Of course. I wanted everyone here to see my little man Mongo because he was the joy of our home. I because after 17 years, Mago's journey came to an end. On Friday, we adopted him from a senior dog rescue in St. Cloud called Gray Face Rescue and Retirement because we strongly believe in giving older dogs happy, loving and pampered homes in their later years. This was our third senior, and his loss has been the hardest one to take. I'VE been listening to the beans for several years. It's part of my morning routine. I feel like I know you guys and you've been invaluable in keeping me in the know and my anxiety in checking. I love the show. Mongo had been by my side for every episode. He followed us everywhere we went, ran around the house like a maniac. And every night around six, he'd start staring at me and pacing around, just waiting for his nightly dish of ice cream. Goddammit, that dude loved ice cream. A few months ago, Mongo had a seizure. If you've never been present for something like that, you know how horrible it is to witness and how helpless it makes you feel. After that, he began a gradual decline. More seizures followed. With each one, his personality drifted away a little bit more. On Friday, we sort of knew the end was near. We took him to Starbucks for a Pup cup, took him with us to cut down a Christmas tree, and hoped all day we could eke out a few more days with him. But by evening, his seizures were coming every 10 minutes. So we made the difficult decision to contact the vet that makes house calls for euthanasia. She got there within a half hour and we sent Mongo off to the Rainbow Bridge as a family. Sorry, this just happened to be so.
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B
Oh, honey.
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A
We even have my daughter on FaceTime throughout, and she's in law school in St. Louis. She couldn't be there in person. We were gutted but relieved that this little man who brought nothing but joy to our home, was no longer in pain. On Monday, I listened to the beans for the first time. Without Mongo there, my kitchen felt extra empty. But believe it or not, listening to the beans that day helped. You guys make a great team. Hearing your voices on a lonely morning was actually really helpful. Thank you. So raise a glass to Mongo today or pour one out for him. He was one in a million, just like everyone else's beloved pets. We don't deserve them, but I'm so glad they're here.
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B
Oh my God. In this picture. Oh, look at this sweet baby.
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A
Thank you for sharing that, Rob.
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B
Seriously, big hug to you. Oh, that baby that got me. My eyes are all teary.
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A
I know, Me too. You have to think about all of the wonderful time we spent. And thanks, Rob, for adopting senior animals. That's just like one of the best and greatest things you can do, you know?
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B
Goodness, goodness, goodness.
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A
I know. Well, Mongo's dancing on the Rainbow Bridge somewhere, celebrating the 11th Circuit and.
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B
And all the other 11s all the.
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A
Other 11s, except mine in.
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B
Except mine Nag's.
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A
But thank you. Thank you so much for all these submissions. If you have anything you want to send to us, you can do it@dailybeanspod.com and click on contact. Dana, do you have any final thoughts?
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B
I sure do. If you're in Georgia and you're listening to this and have not really voted, today is your last day, December 2nd. So please, if you want to just, you know, keep away from those lines that are all going to be Republicans on December 6th. Just stay in where it's safe, too, because you never know what's going on on election day. Just go vote early. But the deadline is today.
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A
Yes, absolutely. And, you know, take someone with you. I'll get to that, actually, right now.
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B
Thanks. That's my line, but go ahead.
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A
I just step all over your punchlines, don't I? Yeah, that's all right. That's why it always is. That's why I don't open for you anymore. And I won't.
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B
Hey, G. Do you have any final thoughts for today?
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A
Oh, look at you trying to wrap it up. You're playing the Oscar music over my final thoughts. Da da da da da da. All right, all right. I'd like to. To thank the Academy. Yes. Well, that was my final thought and I really. I had a great week with you. And we'll be back on Monday. We'll be back. I'll be back Sunday with Andrew McCabe for the new show, you don't know Jack. Listen and subscribe. Please subscribe. Everyone subscribe and follow on Apple so we can blow Ben Shapiro off the fucking charts. Dude's always, always number three, and I want to be number three. So let's. Let's fuck his life up for a day, at least by subscribing on Apple Podcasts. If you don't have an app thing, then that's cool. You know, just listen, subscribe wherever you get your shows. And then I have a weekly wrap up this weekend for patrons of the Beans. And then we'll have the bonus cleanup episode. You know, I really just sit around all day and do nothing.
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B
That's it. You are the hardest working person I know in the podcast world. I don't know. You just have eight podcasts. It's cool. We'll just start another one.
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A
Yeah, let's just start another one. No bigs. We do know Jack. You will. Once you listen to the show, you will know Jack.
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B
You know Jack.
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A
You'll know Jack.
- [24:36]
B
But let's start with you don't know Jack.
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A
Sounds good. Dana and I will be back in your ears Monday morning with the beans. Until then, please take care of yourselves. Take care of each other, Take care of the planet, take care of your mental health. Vote blue over Q.
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B
Take someone with you.
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A
I've been H. E and I've been DG I'm Sabine.
- [24:53]
B
Refried beans.
- [24:54]
A
I like refried beans.