Allison Gill (3:16)
All right, well, we're all sending you the healing vapor. Well, that's good that you're negative for Covid. So there's at least that. Today we're going to be talking with Adam Klassfeld from Law and Crime about the Linwood Georgia Bar Association's mental health probe and how a judge has decided that that can go forward. Actually, they didn't even decide that that can go forward. They decided that they don't have any say in that because it's a state thing. So I'm gonna talk to him a little bit later in the show, and then, of course, we have the good news. If you have any good news you want to send in, you can do it by going to DailyBeansPod.com and clicking on Contact. And again, I just want to take a minute to thank our patrons. You seriously help make this show possible. So thank you. Thank you so much. You get the ad, free feed for this show, MSW Book Club, and Mueller, She Wrote. It's three bucks a month. It's awesome. If you want to sponsor somebody, you can do that on our website, too. And that's DailyBeansPod.com so thank you. Thank you, thank you. We really appreciate that. All right, with that, we have a lot of news to get to. Let's hit the hot notes. Hot notes. All right, we're gonna kick this off with this fascinating story. We can now say with quite a bit of certainty that the Eastman email that Judge Carter classified as qualifying for the crime fraud exception to attorney client privilege is one that Eastman forwarded to Rudy Giuliani that included a memo penned by Ron Burgundy's left testicle, Kenneth Cheesebrough, because I imagine that's what he would name his left testicle. How do we know it was this email? Because Eastman told us in his latest court filing in the case, considering over 600 more documents the committee is trying to get on page nine of his ridiculous and sanctionable filing submitted to the court Tuesday night, Eastman's attorney said the following. The single document that this court ordered to be produced under the crime fraud exception belies the Select Committee's claim that Eastman was engaged in a conspiracy to prevent the certification of President Biden's electoral victory. The email says the needed scrutiny would be worthwhile even if it couldn't ultimately prevent the election of Biden and Harris. Because he knew it was bullshit. Right. So now we know what email he's talking about. And now we know what email is. The one that's under the crime fraud exception for attorney client privilege. And that comes from an email shared by the 16 committee just days before in a court filing cited to show the underlying crime. It's a December 13, 2020 email from a little known attorney who's been advising Donald Trump's legal team, Kenneth Cheesebrough. He sent it to Rudy Giuliani, sketching out a plan for then Vice President Pence to halt the certification of Biden's victory on January 6. He dubbed it the President of the Senate strategy. President of the Senate, just Chuck Grassley. And that's going to come in handy in a second. No, he's pro tempore. Right? President of the Senate pro tempore, U.S. district Court Judge David Carter described the memo in his March ruling as perhaps, quote, the first time members of President Trump's team transformed a legal interpretation of the Electoral Count act into a day by day plan of action. Carter wrote in his opinion that this memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States. So Cheese Bro is kind of here too, right? Carter ordered it released to the Select Committee under the crime fraud exception to attorney client privilege. The plan offered by Cheese Bro depended on the existence of competing slates of presidential electors in a handful of states where Biden won the popular vote. In fact, just a day after Cheese Bro sent his memo to Rudy, pro Trump activists gathered in several state capitals and signed documents falsely claiming to be the true presidential electors from their states. Then Cheesebrough's strategy required Pence to, quote, firmly take the position that he and he alone is charged with the constitutional responsibility not just to open the votes, but to count them, including making judgments about what to do if there were conflicting votes, conflicting sets of electors. Cheesbrough suggested that members of the Senate hold hearings in the days before the January 6th session. In particular, he wanted Lindsey Graham, chair of the Judiciary Committee at the time, to focus on Pence's power to count electoral votes. A Graham spokesman emphasized that he held no hearings on the subject at the time. His office has declined to say whether any of Trump's lawyers approached him about the plan. Cheesebrough suggested that Pence should immediately recuse from running the electoral vote count, citing a conflict of interest, and hand the gavel to Senator Chuck Grassley or another senior Republican senator. Then that senator would lead the count, but refused to accept any electors in the states that Trump was contesting. Instead, the senator would contend that if those states wanted to be counted, they had to rerun their elections, engage in more litigation or have their legislatures appoint new electors. And post January 6, Cheesbrough essentially suggests to let the chips fall where they may, the Supreme Court might step in and overrule the Trump gambit or sidestep it by declaring it non justiciable. But he said even trying and failing would be a worthy attempt and could resolve in unpredictable ways, such as the selection of Pence as president. It's very interesting that Cheesbrough's plan included Chuck Grassley, who said on January 5 that he'd be presiding over the Senate that day as they didn't expect Pence to be there.
