
Friday, December 13th, 2024 Today, a Department of Justice inspector general report finds that there were exactly zero undercover FBI agents at the Capitol on January 6th; President Biden pardons over 1500 non violent criminals in the single biggest day of clemency in the history of the United States; the Montana Supreme Court has upheld a lower court ruling allowing gender affirming care for minors; Manchin and Sinema hate working class Americans; and Allison and Dana deliver your Good News.
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Allison Gill
MSW Media. Thanks to Delete Me for sponsoring our show. Take control of your data and keep your private life private by signing up for DeleteMe. Get 20% off your delete Me plan when you go to joindelete me.com DailyBeans and use promo code DailyBeans at checkout. And thanks to Beam Dream for supporting the DailyBeans. Beam Dream is a science backed healthy hot cocoa to help you sleep better. If you want to try Beans bestselling Dream powder. Get up to 40% off for a limited time when you go to shopbeam.com dailybeans and use the code dailybeans at checkout. Hello and welcome to the Daily beans for Friday, December 13, 2024. Today, a Department of justice inspector general report finds that there were exactly zero undercover FBI agents at the Capitol on January 6th. President Biden has pardoned over 1500 nonviolent criminals in the single biggest day of clemency in the history of the United States. The Montana Supreme Court has upheld a lower court ruling allowing gender affirming care for minors. And Manchin and cinema hate working class Americans. I'm Allison Gill.
Dana Goldberg
And I'm Dana Goldberg.
Allison Gill
Happy Friday the 13th. I always have like good luck on these days.
Dana Goldberg
Me too. I love this day. Welcome back. By the way. I missed you yesterday.
Allison Gill
Thank you so much for holding down the fort. I was on a delayed flight across the country.
Dana Goldberg
I know.
Allison Gill
I appreciate you taking care of taking care of the beans fram yesterday.
Dana Goldberg
My pleasure.
Allison Gill
Yeah. Thank you. And happy Friday to everyone who is not Joe Manchin or Kirsten Sinema. They can fuck all the way off today, but otherwise.
Dana Goldberg
Indeed.
Allison Gill
Happy Friday. And just a shout out to all of our new listeners. We have a ton. Just want to let you know we're like NPR over here. So this podcast is free, but you can get it ad free and early the night before it comes out to the public by signing up for a premium feed@patreon.com Mueller she wrote it's as little as 36 bucks a year. That's for a whole year. And you'll also get invites to our private social media groups, our galas and live events. We're having one coming up in D.C. this coming week with an open bar and food. I'm buying stuff for everybody. We have monthly zoom happy hours where you can ask me anything within reason. And you'll never be lonely again because we all support one another here in the beans nation. So you'll have a whole extra family. A family. A chosen fam again. That's patreon.com mueller she wrote. Oh hey Jim Jordan. And Jim Comer's star witness Alexander Smirnoff has just pled guilty to lying to the FBI about Joe Biden's bribery scheme with Burisma. So that's fun.
Dana Goldberg
Ugh. The timing. Now a warning as on Stephanie Miller would play. Now a warning. Thanks so much. Glad that happened now.
Allison Gill
Yeah, so he's pled guilty. So that's excellent. I hope Jim Comer and Jim Jordan are having a real bad day about that because it makes me very happy. Also today is Fugal Sang Fridays on the Daily Bean. So we'll talk to John Fugelsang and I have a whole extra B block for you about the how Ray is a complete chicken shit and his how his stepping down does not help stop Trump from putting Cash Patel in there. It actually makes it easier for him. So don't listen to right wing bloggers whenever you get the chance. Don't listen to those people. All right, well we have a lot of news to get to otherwise, so let's hit the hot notes. Hot notes. So I posted the following message on blue sky on December 3rd I said 10 days ago, Joe's pardon of Hunter Biden makes me think the president is aware of the coming danger. Hopefully this is the beginning of the pardons and not the end. Well, from Patrick Smith and NBC President Joe Biden will commute the sentences of almost 1500 offenders and pardon 39 others in what the White House says early Thursday was the biggest number of commutations and clemencies granted in a single day in history. Explaining what may become a defining act in the dying days of his presidency, Biden said in a statement, america was built on the promise of possibility and second chances. Biden went on, as president, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for nonviolent offenders, especially those convicted of drug offenses. The move comes almost two weeks after Biden announced that he had pardoned his son Hunter, who was due to be sentenced on Thursday for a conviction on a gun charge, which was all bullshit. I added the bullshit part. He had also said he pled guilty on a separate federal tax evasion charge, or he had also pled guilty to that taxes that he paid. By the way. Earlier, Biden had ruled out using his executive powers to pardon his son. But then some shit went down. Okay, circumstances changed. All of the 1500 offenders are nonviolent and have been placed on home confinement for at least a year under the COVID 19 era CARES Act. And that's what the White House said, adding that they had shown successful rehabilitation and strong commitment to making their communities safer. Many of these defendants would receive lower sentences if they were tried under today's laws, policies and practices. That's what the president said. The 39 pardoned individuals were all convicted of nonviolent crimes. They included a decorated military veteran who volunteers at a local church, a nurse who leads responses to natural disasters, and an addiction counselor who works with young people. President Obama commuted the sentences of 330 offenders in one of his final acts before leaving office. That was then the biggest single batch of commutations in history. So five times that is what Biden did in one day, the White House said. Biden is the first president to issue categorical pardons for the people convicted of the use and possession of marijuana and to former LGBTQI service members convicted because of their sexual orientation. Quote, the president has issued more sentence commutations at this point in his presidency than any of his recent predecessors at the same point in their first terms. That's what the White House said in a statement. And there could be more to come. Biden ended his statement by promising he would take more steps in the weeks ahead and that his administration would, quote, continue reviewing clemency petitions. Biden and aides have discussed the idea of issuing preemptive pardons for people that President Trump has scorned in recent years and has hinted at, which actually he didn't hint at. He said with his mouth and his whole chest that he plans for retribution. Two sources familiar with the discussions told NBC News that he's thinking of preemptively pardoning folks. As we know, Biden leaves office on my birthday, January 20, 2025.
Dana Goldberg
And for anyone out there that's like, oh, this sets precedent so that Trump can pardon the January 6th. Right. He was going to do it anyway. So Biden at least is doing some good.
Allison Gill
Exactly.
Dana Goldberg
All right, next up, we've got more good news. This one makes me very happy. This is from the Associated Press. A Montana law banning gender affirming care for transgender minors. It's going to remain temporarily blocked. This is the state Supreme Court. That's what they ruled on Wednesday after justices unanimously agreed with a lower court judge who found the law likely violates the state's constitutional right to privacy.
Allison Gill
Booyah. Unanimous Montana, right?
Dana Goldberg
Yep. The case against the Montana law now goes to trial before district Court Judge Jason Marks in Missoula, quote, I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids. This is Phoebe Cross, a 17 year old transgender boy and lead plaintiff said in the statement, quote, just living as a trans teenager is difficult enough. The last thing me and my peers need is to have our rights taken away, end quote. The Attorney General's office said it looks forward to defending the law with a spokesperson noting there are recent scientific and legal developments that fall in the state's favor. Uh huh. This comes as the British government on Wednesday indefinitely banned puberty blockers for children with gender dysphoria, citing an unacceptable safety risk. Which is all fucking bullshit, by the way.
Allison Gill
Yep.
Dana Goldberg
Let me be clear that gender blockers are reversible and they actually help stave off puberty, which can cause a lot more damage in trans kids if they go through it mentally than otherwise. And I quote, and upholding the district court's flawed decision to temporarily block a duly enacted law, the Supreme Court put the well being children who have yet to reach puberty at risk by allowing experimental treatments that could leave them to deal with serious and irreversible. Nope. Consequences of for the rest of their lives to continue.
Allison Gill
They're not experimental and it's not irreversible. These people.
Dana Goldberg
Yeah, that was this guy named Chase Shearer. He's the spokesperson, by the way. Well, the U.S. supreme Court earlier this month heard arguments over Tennessee's ban on puberty blockers, hormones or surgery for transgender minors, with the observer saying it appeared the justices were likely to uphold the ban. The Biden administration had sought to block similar bans that exist in more than half of the states when I quote, because Montana's constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now without this looming threat hanging over their heads. This is Kel Olson, he's an attorney for Lambda Legal. Republican Senator John Fuller, who sponsored the bill, said Wednesday's decision, quote, is an egregious example of the hyper partisanship of the Montana Supreme Court.
Allison Gill
Unanimous in the Montana. Motherfucker.
Dana Goldberg
Seriously. He criticized the courts for polling the, quote, ability to sterilize and mutilate children. That's not happening. It's not fucking happening. And maybe this is why they lost, because this jackass is saying things like the ability to sterilize and mutilate children. It's not happening. And denying protection to children, quote, from unscientific. No, it is scientific and he also said in experimental drugs and operations that have grown increasingly evident as a danger to children, they haven't grown at all. Let me be clear that more surgeries are actually happening on children that are born intersex than they are on trans kids. Okay, so let's be clear there. 200,000 intersex people are born a year, and the doctor decides at birth what they think, what gender and sex they think they should live at. And if they do reverse this, by the way, and Trump says that, you know, people that have had gender surgeries can sue hospitals and doctors. That means those intersex people who feel like they made the wrong decision with them at birth can now go after their doctors. They're opening up a can of worms that they don't even see. No, I actually think they should have a right to decide as they get.
Allison Gill
Older somebody should sue some Christian mom for having their minor child ears pierced. Yeah, right. Just take them to court and see what happens.
Dana Goldberg
Mutilation. Continuing on with the story, Fuller hasn't decided if he will bring a similar bill to the 2025 legislature. Legislative debate over Montana's bill drew national attention in the spring of 2023 after Republicans punished Democratic Rep. Zoe Zephyr, the first transgender woman elected to the state's legislature, for admonishing lawmakers who supported their bill. By the way, Zoe got reelected. She got reelected. The Montana Supreme Court, quote, has reaffirmed what we have known all along. Gender affirming care saves lives. Like all health care decisions, it should be left between doctors and patients. That was Zephyr, and that's what she said. On Marx blocked the law, by the way. In late September of 2023, just days before it was to take effect, he agreed with transgender youth, their families, and health care providers that the law is likely unconstitutional and would harm the mental and physical health of minors with gender dysphoria. Rather than protect them from experimental treatments, as supporters said it would. Mark said he could only conclude the legislature stated intent in passing the law was disingenuous, and it seemed more likely its purpose is to, quote, ban an outcome deemed undesirable by the Montana legislature. Veiled as protection for minors.
Allison Gill
That's exactly what it is.
Dana Goldberg
The law sought to prohibit the use of puberty blockers, cross sex hormones, and surgical treatments for gender dysphoria. However, cisgender minors would still be able to receive puberty blockers to treat early puberty or surgical procedures to treat what? Intersex. Intersex conditions. This is.
Allison Gill
Wow, look at that.
Dana Goldberg
Argued. Huh. So this has nothing to do with children. It's complete and utter bigotry.
Allison Gill
Yep.
Dana Goldberg
Montana is one of at least 26 states that have passed bans on gender affirming medical care for minors, and most face lawsuits. Some bans have been temporarily blocked by courts, while others have been allowed to take effect. Fifteen states, everyone have enacted protections, protections for gender affirming medical care for minors. Only 15 in Montana's case, transgender youth argued the law would ban them from continuing to receive gender affirming medical care, violating their constitutional rights to equal protection, the right to seek health care, and the right to dignity. The state Supreme Court upheld the injunction based on the right to privacy, which court rulings have said includes the right to make personal medical decisions free from government interference. And why does that not also apply to women, by the way, who want abortion access? But let's not even fucking go there.
Allison Gill
Montana's, Montana's constitution is right. Their right to privacy is stronger than the United States Constitution's right to privacy, at least according to this textual Supreme Court that we have.
Dana Goldberg
Yep. I wish people would use this. In arguments, two justices, by the way, argued the court should have also clarified that discrimination on the basis of gender identity is a form of sex discrimination that is prohibited by the equal protection clause of the state constitution. The parents of the plaintiffs argued the law would violate their constitutional right to make medical decisions for their children. And two medical providers said it would prevent them from providing effective and necessary care to their patients. Treatments for gender dysphoria meet standards of care approved by major medical organizations, including the American Medical association and the American Academy of Pediatrics. The A CLU argued that, by the way, in its complaint, one of the young plaintiffs was dismissed from the lawsuit in September 2024 after turning 18.
Allison Gill
All right, thanks for that. Go to. Way to go, Montana.
Dana Goldberg
Right?
Allison Gill
I love their state constitution. It's great. Next up from Hannah Rabinowitz, a Justice Department watchdog. I love how they always say that they could just say Inspector general found that there were no undercover FBI employees at the Capitol during January 6, rejecting speculation from allies of Donald Trump who have for years, for years suggested that the violence that day was provoked by federal agents. The DOJ inspector general said Thursday that while no undercover agents were at the rally, 26 confidential human sources or paid informants were in Washington that day, none of whom were authorized to break the law themselves or encourage others to do so. So those were, you know, our agents infiltrating extremist militant groups like guys, everyone who's got a like a little special Proud Boys club. There's somebody in your club that's a cop. I just want to let you know. Good luck finding the mole. The findings are part of a long awaited report into the FBI's preparations before the 2021 attack from Trump supporters trying to stop the confirmation of Biden's presidential election victory. The inspector general also found that the FBI did not canvas all its field offices for intelligence from informants who could have helped the U.S. capitol Police and other law enforcement agencies better prepare for the protests that day after the riot, the report says the FBI inaccurately told Congress that it had directed the field offices to canvas their informants for information about threats in connection with January 6th. That inaccuracy was unintentional, the inspector general found. Republican lawmakers, Trump allies and some facing criminal charges because of their alleged actions that day have claimed that law enforcement officials bungled their intelligence sharing or even used paid informants to rile up otherwise peaceful rally protesters to purposefully create the violent insurrection right of the 26 informants who were in D.C. that day, three had specifically been tasked by the FBI to report on specific domestic terrorism case subjects who may be going to the rallies on January 6th. One of those informants entered the Capitol itself, while the other two remained outside the grounds. The other 23 went to Washington on their own and were not tasked to do so by the FBI. Of those 23 informants, three of them entered the Capitol during the riot and 11 entered the grounds. The remaining nine informants who attended the events of January 6th didn't break the law. Some of those sources also sent information about the proud boys and told you the Oath Keepers and quote, concerns for the safety of members of Congress on January 6th. Quote, this information was no more specific than and was consistent with other sources of information that the FBI and its Washington field office had received about the potential for violence on January 6, including from other sources of tips the FBI received from social media. No informants have been criminally charged, the inspector general said. Republicans on Capitol Hill have repeatedly clashed with top officials at the Justice Department and the FBI over the riot, most notably over suggestions that the FBI informants helped instigate the attack. Some lawmakers, including Clay Higgins, have pushed unfounded idiot theories that federal agents pretended to be Trump supporters and tricked people into carrying out violence.
Dana Goldberg
Oh my God.
Allison Gill
Higgins once suggested that ghost buses took provocateurs to Washington. Were they cloaked? Were they invisible ghost buses? Remember the ghost buses? Other Republicans, like Kentucky Rep. Tom Massie, have specifically asked the inspector general to include information about how paid informants were used during the riot. The FBI has not denied that confidential human sources were present at the Capitol that day, and some have even publicly testified at riot related criminal trials. But FBI Director Chris Wray, who's giant pussy, has flatly rejected the claim that the Bureau orchestrated the violence.
Dana Goldberg
I would like to make a correction. Giant pussies are much tougher than Chris Wray will ever be.
Allison Gill
You're right, he's a scrotum. Quote. If you're asking whether the violence at The Capitol on January 6 was part of some operation orchestrated by FBI sources or agents, the answer is emphatically no. I can't believe that our fucking FBI director actually had to say those words to Congress because they're such idiots. That's what he said in November, by the way. To Congress. This is not violence orchestrated by the FBI sources or agents. Those theories have public support, too. A poll earlier this year found that a staggering 25% of Americans say it's probably or definitely true that FBI agents instigated the riot. 25%. 1 in 4. That's like 9% of people think chocolate milk comes from brown cows. So. But we here, we've got 20.
Dana Goldberg
I'm also laughing because if they didn't hear you say under your breath, giant pussy, my correction seems very out of the blue.
Allison Gill
Now. I kind of hope they didn't hear me say that.
Dana Goldberg
Oh, my God. If the editor. Editor, do not take that out, otherwise it's going to make it seem worse.
Allison Gill
Leave it all in.
Dana Goldberg
I'm sorry.
Allison Gill
Trump has promised to pardon some of those convicted of crime stemming from the riot, suggesting in an article published Thursday in Time magazine, which is naming him man of the Year. I mean, why not? They named Hitler man of the year in 1938. Suggesting in an article published Thursday that he will focus on those who were convicted of non violent crimes who he said have been greatly punished. So that wouldn't include the Oath Keepers or the Proud Boys? I don't know. Maybe. I don't know if they were, if they were assaulting, you know, just got seditious conspiracy or if there's also police assaults in there. But it'll be interesting and a load of bullshit when he pardons. To see who he pardons. The Inspector General recommended that the FBI assesses its procedures to prepare for potential domestic security issues that are not designated as national Special security events by the Department of homeland security, like January 6, January 6, 2025, however, has been designated a National Security Special event in a letter responding to the report. The FBI wrote that it disagreed with aspects of the report, but it would accept the office's recommendations. Quote. Although the FBI continues to disagree with certain of the factual assertions in the report regarding the manner of specific steps, the scope and the canvas undertaken by the FBI in advance of January 6th. Are you seriously FBI still sticking up for yourself for what the fuck happened on January 6th? Like, stop it, you got the intel wrong. Just own it anyway. The bureau stressed that before January 6, multiple field offices provided information in response to a direction from Washington Field Office and FBI headquarters. The FBI nonetheless accepts the OIG's recommendation regarding potential process improvements for future events.
Dana Goldberg
They added, thanks AG and I realize you may have been looking for a verbal recognition of what you just said and I was sitting there shaking my head like a podcast mime. Like anyone could see. Like anyone could see that, where I was like, yep, you're absolutely right. Oh my God. This one's from Matt Brown at the Associated Press. Senate Democrats failed Wednesday to confirm a Democratic member of the National Labor Relations Board. After independent Senators Joe Manchin and Kyrsten Sinema up opposed the nomination, they thwarted their hopes of locking in a majority at the federal agency for the first two years at President Elect Donald Trump's term. Huh, I wonder how much they got for that.
Allison Gill
You know, just thought.
Dana Goldberg
Yep, a vote to move ahead with the nomination of Lauren McFerrin, who currently chairs, by the way, the NLRB failed 49 to 50. Had she been confirmed to another five year term, it would have cemented a Democratic majority on the agency's board for the first two years of the incoming Trump administration. Now, Trump will likely be able to nominate McFerrin's replacement. I really dislike those two senators.
Allison Gill
Me too.
Dana Goldberg
The NLRB oversees labor disputes, supervises union elections, and has the power to investigate unfair labor practices. The partisan breakdown of the NLRB's leadership is fiercely contested by businesses and labor groups, as the majority on the board sets the agenda and determines how readily the agency uses its power to investigate and enforce labor laws. Who doesn't like labor laws? Elon fucking Musk doesn't like labor laws. And I quote, it's deeply disappointing, a direct attack on working people and incredibly troubling that this highly qualified nominee with a proven track record for protecting workers rights did not have the votes. That, of course is Senate Majority Leader Chuck Schumer from New York. Now, the rejection of McFerrin was yet another blow to the Senate Democrats and President Joe Biden. From Manchin and Sinema, who served as major, major roadblocks and at times, outright obstacles to much of their legislative agenda the first two years of Biden's term. Manchin left the Democratic Party in May, while Sinema withdrew from the party in 2022. Both chose not to run for another Senate term and will be leaving Congress in January. Some Congressional Republicans praised Manchin and Sinema for preventing the confirmation. I wonder, it just is. Some congressional Republicans, I wonder who those people were. And I quote, this NLRBC should be filled by President Trump and the new incoming Senate, not a historically unpopular president and a Senate Democratic majority that has lost its mandate to govern. This is from Bill Cassidy of Louisiana. He said that in a statement after the vote. Yep, absolutely. Quote, big labor knows the days of having the federal government do its bidding are numbered. This is Rep. Virginia Fox. She's the Republican from North Carolina, wrote that in a statement. Fox, who chairs, by the way, the House Committee on Education and the Workforce, said that the incoming Trump administration would focus on, quote, enacting a truly pro worker agenda. Okay, now I'm going to keep going. Business groups also praise the rejection of McFerrin. Kristen Swearinger, she's the vice president, and Associated Builders and Contractors. By the way, that's a trade group. Called McFerrin's policies harmful and said the process to nominate her was flawed. Quote, Under McFerrin's leadership, the NLRB has issued decisions and expanded interpretations of the National Labor Relations act that have been rejected by the business community, Congress and federal courts. Again, this is Swearinger. Labor unions decried the vote. Liz Schuler, a president of the AFL cio, that's the nation's largest consortium of labor unions, said the senators who rejected McBarron's nomination, quote, voted against the working people of this country and warned that the incoming Trump administration would direct the NLRB to side with management over workers.
Allison Gill
Yep.
Dana Goldberg
Yep. Quote, make no mistake, this vote had nothing to do with stopping Chair McFerrin's renomination and everything to do with reversing generations of progress workers have made toward building a fairer and more just economy. That's from Schuler. Democratic lawmakers like Schumer, they took a dim view of the vote. Some directed their anger directly at Manchin and Sinema, and they should have. Quote, shortchanging workers is a bad way to leave. That's from Rep. Mark. He's a Democrat from Wisconsin. That's what he wrote on social media.
Allison Gill
Yep. Fuckers.
Dana Goldberg
Yeah, it just, I mean, I don't know what payoff they got right before they left to make that happen. But it's just fucking disgusting.
Allison Gill
Yep, Billionaire class at it again. Yeah, and he'll go retire on his fucking yacht, having fucked us all. All right, cool, Cool. Beans, mansion and cinema.
Dana Goldberg
Bye.
Allison Gill
I'm glad they're out in January. Even if we don't have a maturity. We didn't with them in there anyway, you know, like fuck. All right everybody, we have to take a quick break. I'll back with some information on the Federal Vacancies Reform act from our good friend Steve Vladek and from somebody over at Lawfare. We're going to talk about that and then we'll have fuel saying Fridays and then the good news. But right now we have to take a quick break. So everybody stick around. We'll be right back after these messages.
Dana Goldberg
We'll be right back.
Allison Gill
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So if you want Beam's bestselling Dream Powder, get up to 40% off for a limited time when you go to shopbeam.com dailybeans and use code dailybeans at checkout. That's Shopbeam b e a m.com dailybeans and enter the code dailybeans and get up to 40% off. You'll be glad you did. Hey everybody. So let's talk about Chris Wray resigning. I want to talk about, actually, the Federal Vacancies Reserve Act. This is from Jack Goldsmith at Lawfare. President elect Trump's November 10th tweet on the possibility of recess appointments for his nominees set off a flurry of analysis and concern that he would use that route to circumvent the Senate. But recess appointments are hard to effectuate, and there is a different and entirely lawful route for Trump to appoint loyalists to senior executive branch positions without Senate confirmation. The Federal Vacancies Reform Act. FVRA establishes rules for presidents to appoint temporary acting officials to potentially very lengthy positions for which Senate advice and consent is otherwise needed. It applies whenever a vacancy occurs because a Senate confirmed official dies, resigns, or is otherwise unable to perform the functions and duties of the office. One reason that Ray should have stayed in and let him fire him is because by firing him, he actually narrows his ability to use the Federal Vacancies Reserve act because you have to die, resign or be unable to perform the functions and duties doesn't say anything about firing, so there could be lawsuits that would gum that up. But Ray stepped down anyway and has left it wide open. Now. Trump's announcement late last month that he will nominate Kosh Patel to be the director of the FBI is a great example of how the FVRA might work. Patel likely won't be confirmed for weeks or months after Trump becomes president, January 20, if ever. But current FBI Director Chris Wray will either resign before January 20 or be fired on that date. And if those events occur, a crucial issue for the incoming Trump administration is to determine who will be acting FBI director on January 20. Under FVRA, Trump could appoint someone as acting FBI director for potentially more than two years without Senate confirmation. The importance of FVRA goes far beyond Kash Patel, since it gives the president broad authority to skirt the Senate and appoint loyalists to Senate confirmed positions through the Executive Branch on an acting basis and Trump has said he would do this. I love acting. I love acting people. He gets this from Putin. This is how Putin controls his government. So anyway, the FBI succession regulation will determine in the first instance who runs the FBI if ray resigns before January 20th or is fired on that date during the period after Ray leaves by whatever means and Patel or someone else is confirmed as FBI director. Deputy FBI Director Paul Abbott. Abbott, I don't know if I'm saying that right, but it's spelled A B B A T E. Assuming he doesn't resign and isn't fired, would be the first succession to be acting director under the regulation until Trump as president chooses otherwise. Since Ray named Abbott as deputy director in 2021, I assume Abbott is unlikely to be viewed with favor by the incoming Trump administration. After Abbott comes the Associate Deputy, then the Executive Assistant Director of the National Security Branch, followed by several other senior career officials. The regulation sets the succession default, a default that accords with Trump's first option to name an acting director under fvra, since that option is to replace Ray with the first assistant to the office. But FVRA gives Trump two additional options to replace Abbott or a different regulation specified successor as acting Director of the FBI. First, Trump could choose any Senate confirmed officer from anywhere in the administration to serve as the acting director. That means Trump could name anyone the Senate confirms for any position in the Trump administration to serve as the acting FBI director. This implication of FVRA raises the stakes for every Trump appointment before the Senate. Second, that Trump can choose any FBI official whose rate of pay is equal to or greater than a minimum rate of pay at GS15 of the general schedule and who has been at the FBI for 90 days during the previous year. There are several hundred people in the FBI whose rate of pay is equal to or greater than a GS15. I expect Trump team is currently scouring this group for a loyalist who can be ensconced on January 20th. There are other restrictions under 5 US Code 3345 that I think are not plausibly relevant here. Someone appointed by Trump through either of these mechanisms could run the FBI for a long time. An acting official appointed at the beginning of an administration can serve for 300 days, but the clock would stop running when Trump formally nominates Patel and during his pending nomination. If the Senate rejects Patel or Patel withdraws, the clock is reset for another 210 days. If Trump nominates a second uncomfortable candidate who is rejected, the clock starts again and Joseph O'Connell on the definitive work on FVRA, says this scheme in theory permits an acting official to serve for more than two and a half years. So this is from Lawfare here and I want to just add what Steve Vladek has said over at 1 first. Do me a favor, head to Substack right now, search for Steve Vladek one first and subscribe. It's free. Please do. He says for obvious reasons, there's been a lot of discussion about the president's ability to appoint officers in senior executive branch positions without the Senate's consent. But as folks like Harvard law professor and former DOJ lawyer Jack Goldsmith have noted, there's another really significant way in which presidents can fill executive branch positions, and that's the Federal Vacancies Reserve Act Filling Executive Branch Vacancies A quick and Dirty Overview all right, so folks with longer memories will recall that there were a number of controversial episodes involving efforts to utilize acting officers during the first Trump administration. Him my favorite was DHS Secretary Kirsten Nielsen had to unresign for a few days because of her forced resignation, accidentally elevated to acting DHS secretary someone other than President Trump's pick. Real takeaway from almost all of these flash points was that the current statutory regime is remarkably capacious when it comes to the President's power to fill most vacancies, including the vacancies he creates on a temporary basis. So he goes on to say that the statute identifies three pools of individuals who the President can draw to name an acting person in a vacant executive branch office. First, the first assistant to the permanent position, who usually by default becomes the acting office holder. Some agencies statutes specify which job is the first Assistant, like Deputy Attorney General, which necessarily limits the pool to those currently holding that position or those who the president can lawfully put into that position. So where the First Assistant position also requires Senate confirmation, this is a less viable way for the President to get whoever he wants. But some agency statutes don't designate the first assistant. Or they do, but then don't require Senate confirmation for those permanently holding the job, which can lead to mischief. When Trump wanted to put Ken Cinelli in charge of the Bureau of Citizenship and Immigrant Services, he had the acting DHS Secretary, Chad Wolf, purport to create a new principal deputy director position at the Bureau, dub it the first Assistant to the Director, and appoint Cuccinelli to the new principal deputy position, through which Cuccinelli became the acting director. So the mischief possibilities in this pool are a bit position specific. And the second pool, anyone currently serving in the position in which way they were confirmed by the Senate, so we know about that the Senate confirmed. Anybody anywhere serving that has been Senate confirmed can be made a director. The third pool is where things can get messy. In a nutshell, this category covers anyone in the same agency as the vacant position is. GS15 or higher has been at the agency for at least 90 of the last 365 days. Many thanks to Ann Joseph O'Connell for that correction. He says this provision isn't specifically especially useful at the beginning of an administration because the 90 day pre vacancy service requirement, but it means that as soon as one year into a presidency, assuming the vacancy arises on day one, a president can take folks who he's placed in senior positions for at least 90 days of that year and elevate them to acting positions anywhere in the agency. For agencies without exclusive succession statutes. In other words, the way the FVRA is structured, the most opportunities for mischief come later in a president's term, but not right at the beginning. But there's a bunch of caveats and exceptions to these rules. From what I've laid out above, it should be stressed in that it involves a series of generalizations, but the caveat that matters the most is the time limit the FVRA also imposes. Those named acting officers under the FVRA are usually limited to serving in that role for 210 days. And we talked about that with what Jack Goldsmith writes. So scrolling down here to the to the bottom. And seriously, go read this one first article. After all, he says, as Alexander Hamilton presciently warned in Federalist 76, allowing the president to pick and choose whoever he wants for executive branch positions without having to go through the Senate could lead to the appointment of unfit characters from state prejudice, from family connection, from personal attachment, or from view to popularity. And as usual, he was right. So the right wing blogger is telling you that Chris Wray resigning is some sort of strategy that will screw over Trump. It is not. Ray is, as you thought, a chicken shit, obeying in advance. And Ann Joseph O'Connell, who Steve Vladic mentioned, said David French is wrong. 5 US code 3345A gives three options. He writes about only two here it's the default option, the first assistant route that remains open and first assistants have long been named after a vacancy. So anyway, we will be right back with John Fugal saying and then the good news. So stick around. Thanks for sticking with me through that. We'll be right back. This holiday season I decided to give the Gift of privacy With a Delete Me subscription to a close friend of mine, I already used Delete Me to protect my own information. And I knew it was time to extend that same protection to someone close to me. Personal data like home addresses, phone numbers and emails are shockingly easy to find online, often sold by data brokers without consent. And that's why I wanted to make sure my loved ones information was secure. And we want to thank Deleteme for sponsoring today's episode. As someone who exists publicly and shares opinions online, I am always aware, critically aware, of how vulnerable my personal information is. It's unsettling to know that this data is floating around online. It can have real world consequences like scams and harassment or identity theft and doxing. And that's why I personally recommend Delete Me. The subscription service removes your personal information from hundreds of data broker websites. And these are the sites that gather and sell your details without you knowing. Deleteme goes in, gets your information removed, and keeps working year round to make sure it stays off the Internet. A Delete Me subscription isn't just practical, it's impactful. Whether for yourself or someone you care about, it's a thoughtful way to take control of your online privacy and make sure your information stays safe. A gift that truly matters. So this holiday season, give your loved ones the gift of privacy and peace of mind with Deleteme now at a special discount for listeners today. Get 20% off your Delete Me plan when you go to JoinDelete me.com DailyBeans and use promo code dailybeans at checkout. The only way to get 20% off is to go to JoinDelete Me.com DailyBeans and enter code DailyBeans at checkout. Again, that's JoinDeleMe.com DailyBeans code DailyBeans. Hey everybody, welcome back. It's Friday on the DailyBeans. That means it's fugal saying Fridays. We're joined by my amazing friend, the very handsome, always stunning hair, but he's wearing a hat. Today, hosts, tell me everything on SiriusXM progress channel 127, weeknights, 9pm Eastern, 6 Pacific. And of course, the host of the John Fugelsang show, my good friend John Fugelsang. Hi, John.
C
Hi Alison. Hello, Allison's listeners. It's great to be back with you.
Allison Gill
It's so good to see you, my friend. Now we're on opposite coast. I'm over on the east coast. You're over on the best coast.
C
I know, right? What's this Go. You're, you're in New York City and I'm in la. This is crazy.
Allison Gill
We're flip flopping here. We're trading places, but not in a Eddie Murphy, Dan Aykroyd kind of way. So I've got this little list of stuff to talk about. Chris Ray, Biden's pardon, Kimberly Guilfoyle, Matt Gaetz, on Oan, Daniel Penny and the Pope. I love our set lists. Quite a week, they're so interesting just on their own as a set list. So let's kick this off with the very chicken shit, very cowardly Christopher Wray resigning instead of for staying in and forcing Donald Trump to fire him.
C
Yeah, I mean, this is what we mean by obeying in advance. You know, your listeners are smart enough to know these guys get 10 year jobs. The last time Donald Trump became president, he fired a CIA leader. That would be, of course, Jim Comey. And replaced him, I'm sorry, FBI. And replaced him with Chris Wray. This is going to make it so much easier for Trump to install a corrupt winged monkey flunky like Cash Patel and weaponize the FBI. But Ray was appointed by Trump. It's not normal to fire one's FBI director before the 10 year term is up. It's worth remembering the official reason Trump gave for firing Comey was that Comey was unfair to Hillary Clinton. That was literally the official reason the White House gave us. So when Donald Trump says we want our FBI back, this is the guy he hired. And what he means is he wants to make sure to have an FBI that will never investigate him for any reason again. Ray went after Hunter Biden. Ray investigated Joe Biden and Mike Pence for the classified documents. But Ray followed the law when Donald Trump stole classified documents, brought it to his house, lied to the archives, lied to his own lawyers, returned some, but lied and kept more. And Donald Trump wants to make sure that there can never be an FBI that can investigate him or have him prosecuted again. You know, it was a huge mistake for Justin Trudeau to come down to Mar a Lago and have Trump humiliate him and call him a governor in Canada, a state right afterwards. This is what happens. This is, this is what all of you little Scarboroughs will get if you obey and grovel in advance. You little Scarboroughs, you just got your passport to Scarborough Country. Chris. Ray.
Allison Gill
Yeah, and I did a whole segment on this on the show today. But you know, there's a right wing blogger out there saying that firing Ray resigning is somehow putting a legal hurdle up in front of Donald Trump. And it doesn't. It actually makes it easier, much easier for Donald Trump. The worst, because all he has to do under 3345A1 is make Kash Patel the deputy director of the FBI.
C
That's it.
Allison Gill
And then, poof, he's the acting director under the vacancies.
C
And again, you have to imagine that Ray and his peers in the Bureau want to protect the integrity of the agency they represent.
Allison Gill
He just wants to get over to K Street and get his cash.
C
Maybe. But there's got to be some career law enforcement that know that putting this flunky in there, putting that. Putting this henchman in there is going to be bad for the bureau they've dedicated their lives to. So I'd like to believe that they're putting in some internal safeguards. Alice, the only way I'm sleeping anymore is just thinking that, okay, maybe these aren't really fascists. They're all just grifters, and they're all just there to bleed the treasury dry and rape the taxpayers, and then they'll go off to another grift when it's all done, and we just have to survive it.
Allison Gill
Yep, that's the way. Earlier in the show, I talked about Biden's pardons. You know, I think I put out on Blue sky ten days ago. Actually, I brought this up in the beginning of the show that the Hunter Biden pardon was just the beginning of the pardons.
C
Oh, yeah.
Allison Gill
And as it turns out today, 1500 more pardons coming, clemency to nonviolent criminals. But there's more even that he could do that he hasn't done yet. And this is something that we can do, something we can actually do is to go to the White House.gov write to the President of the United States and tell him that you want this particular group of pardons issued. Tell us about it.
C
Well, I mean, sure, you know, Leonard Peltier, I mean, there's so many, you know, I. Everyone's talking about these advance pardons. A part of me, and I may be profoundly wrong, and I've been wrong about these fascists before, but a part of me doesn't think that Adam Schiff needs a pardon. These people haven't broken the law, as Benny Thompson points out. And I don't really know how much Donald Trump is going to be chasing them down for past sins against him, which is to say following pardon.
Allison Gill
If somebody wants one.
C
If someone wants one. Yeah. I would imagine Adam Schiff is like.
Allison Gill
I don't want to pardon. I didn't do anything wrong. Don't give him a pardon.
C
If you were offered a pardon, Ms. Gill, would you turn it down or would you accept it?
Allison Gill
I would accept it.
C
Interesting. Interesting.
Allison Gill
Because I don't have $500,000 to defend myself.
C
Well, that's the thing. Yeah. I mean, that's why Biden pardoned Hunter, was more about saving his son half a million in legal fees. You're right. You know, but I thought about this with Elton John coming out yesterday with his stance on cannabis legalization in America, because right now, you know, you know, Elton came out and was talking about how it was one of the greatest mistakes of all time to not put people in jail anymore for cannabis. But, you know, I don't think Elton really understands the difference between legalizing and decriminalizing. Now. There's 3,000 people in federal prisons for cannabis crimes. There's over 10,000 pending clemency petitions that the president could pardon or commute pertaining to cannabis crimes.
Allison Gill
He's pardoned for use and possession, but not intent to distribute. So people who have had an ounce on them, you know, or whatever are still. They haven't been pardoned. And there. There's about 3,000 of them. And they can be, and they should.
C
Be, but, you know, God bless Elton. He who was addicted to cocaine in the 70s and 80s, I get that he's really anti drug, but when you come out and say, well, cannabis is addictive and it leads to the use of harder drugs and it impairs normal thinking, those things might be true. But that's. That's true of beer as well, you know, it's not a reason to keep putting people in jail for a flower that grew here long before white people ever showed up in nor America. And I just want to say you can do questionable things when you're sober, too. Rewriting Candle in the Wind for Princess Diana was not caused by drugs of any kind. He was completely sober when he did that. So please have some perspective on this.
Allison Gill
All right, talking about perspective, let's talk about Matt Gaetz taking a job at a network whose entire viewership is smaller than ours, which, you know, I mean, that's a low bar. That's not really a brag. That's. But he's going to oan and couldn't even get Fox News.
C
I guess Couldn't get Newsmax.
Allison Gill
Nope. Couldn't get even Newsmax or News Nation. Like, by, like.
C
Couldn't get his own Elon Show. Yeah, yeah, well, you know what? I guess. I guess Donald Trump has made America better. I don't know what to say. I mean, Matt Gates is not going to be on your tv. He's not going to be on Fox News anymore. Fox will not air him. Newsmax will not air him him. I think Matt Gates took the best offer he could get for someone to just generate tons of viral video for him. Probably more people will see his videos pumped out on social than ever will watch OAN because we don't know where oan is or how to find it. But you know, he said, I could not be more excited to join my Oan family. Oh, Matt, we know exactly what would make you more excited than that. I just want to say it's great for Matt Gates fans, many of whom can spell Oan. So you know what? Trump got him out of Congress and he got him off of Fox. I gotta give credit where it's due.
Allison Gill
Well, let's see here. When was the One America News Network founded?
C
Yeah, when was it founded?
Allison Gill
When did it come? Let's see here. OAN is a pro Trump cable channel. 11 years ago. So it's still a little young for Matt Gaetz.
C
Oh, yeah, it's a little young for Matt Gaetz. And that's a sentence we don't get to say too much.
Allison Gill
Damn. I was hoping it was 16. I really was hoping it was 16 years old anyway. 16.
C
You're beautiful. And you're mine. Look, I mean, not everyone is qualified to be ambassador to Greece. And I know that you were very sad to hear that Don Jr. And Kim Guilfoyle have split up. I know a lot of us put a lot of hopes and dreams into those two making it work out. If those two can't keep it hot, what hope is there for the rest of us? But the dream is over. We have no idea which one woke up Allison and realized they were disgusted with themselves for doing this. But we wish them both the best. He's now got, I think three. He's got 15 billionaires in his cabinet. He's got, I think, 15 Fox News refugees in his administration. And now I believe he's got three relatives with taxpayer funded jobs. Every day we are closer to Trump and his sons wearing military uniforms in public. That's what I'm waiting for. It'll be any day now.
Allison Gill
He's gonna do, he's gonna do that military parade that he couldn't do in his first term with all the tanks wrecking the streets in D.C. i want.
C
Him in uniform and I want his sons in uniform like uday and Kusay.
Allison Gill
Yep.
C
I'm happy for Kim. By the way, Kim Guilfoyle is thrilled about Greece because that's her all time favorite musical. So I think she'll do a great job over there. No doubt.
Allison Gill
Yeah. She's over there singing like, where's everyone else?
C
The best is yet to come.
Allison Gill
Where's John Travolta?
C
Greece is like, we'll take the financial crisis instead. Thank you.
Allison Gill
Yeah, please. All right, let's talk really quickly about Daniel Penny.
C
Yeah.
Allison Gill
Very upset about this myself.
C
Me too. You know, it's amazing that he, he, he. The day that they got Luigi Manjone. And by the way, I feel very vindicated. I was pitching Nintendo a video game for years called Luigi's Manifesto, and they always turned it down. Now I feel a scene. But the day that they got the UHC shooter, they dismissed Daniel Penny. And I find that very interesting. They take down the guy who killed a wealthy white man and they free the guy who killed a poor, homeless, mentally ill black man on the same day. Now, look, we could talk about it all day. It's very ugly. Daniel Penney is the only person on that subway car who touched anyone. And if you've ever lived in New York City, you know what it's like to be on the train late at night and see a distressed homeless guy flipping what we call the fuck out. They've said he's not guilty of criminally negligent homicide, but I want to remind everyone that Jordan Neely never touched anyone on the train. He threw his jacket on the floor. He said he was hungry. He said he didn't care if he lived or died. And the right wing loves this guy. Anytime a white man can murder an unarmed black man and get away with it, that guy's going to be a bit of a folk hero. This guy will probably show up at a rally at some point, but they call him a Good Samaritan. And that's what made me the craziest about this. They've been calling the murderer a Good Samaritan. Now, I know these people aren't actually fans of reading this book. They wave around as a prop. But an actual Good Samaritan shows up and de escalates a situation. A Good Samaritan on a train goes up to the distressed mentally ill homeless guy and says, hey, man, are you okay? Can I help you out? Do you need to talk to someone? Can I get you a meal? What do you need? What can we do? That's a Samaritan. This guy's Not a. The Good Samaritan doesn't come up behind a motherfucker and put him in a chokehold until he is dead. And I want to point out that Daniel Penny kept this guy in a chokehold after people left the subway train at the stop. So he wasn't really protecting them anywhere from this guy at that point. Point. Can you imagine if a black man had choked a mentally ill white man with a MAGA hat? How would this country respond? I mean. I mean, how would MAGA be celebrating his acquittal? I mean, I don't think they would imagine if a black teenager shot and killed two white guys at a MAGA rally who seemed to be a threat to others. It's just. We should. We should get used to this. But the NAACP said it's given license for vigilante justice to be waged on the black community without consequence. And it's hard to believe otherwise.
Allison Gill
I agreed. All right, finally on our list, the Pope. What do you got for me?
C
The Pope had a good week. The Pope has had a really good week. It's worth listening to. First off, Francis came out on December 8th and made a special appeal for the lives of death row inmates in the United States to be spared. He said, let us pray for their sentence to be commuted and changed. Let us think of these brothers and sisters of ours and ask the Lord to save them from death. Death. See, American Catholic leaders are pushing Biden to commute the sentences of the 40 inmates that are currently on federal death row. Donald Trump murdered more prisoners on the federal level than every president in the last hundred years combined. That's one of the Ten Commandments Donald Trump broke. Now, it's pretty basic. If you're going to call yourself a Christian, you don't get to execute people. Jesus never once condemns abortion or calls out abortion, but he stops an execution. He says that only the sinless among us are allowed to execute. He commands us to forgive 70 times 7. And he overturns eye for an eye in the Sermon on the Mount. So, again, you can be a fan of Jesus at Christmas time, or you can be a fan of murdering prisoners. You don't get to be a fan of both. And so they're attacking Francis for this, which is to be expected. But then he comes out and at the Vatican, in their official nativity scene, baby Jesus is wearing a keffia. And a lot of cool churches are doing this this year. There's a lot of displays where Jesus is not in a manger. He's on a pile of rocks and barbed wire. And he's wrapped not in traditional swaddling clothes but actually in a keffia because there's more and more churches that are standing up against the genocide in Gaza. Now. Amnesty International came out with a report last week and said it is genocide. Netanyahu had his first day of testimony and his corruption trial in Israel this week, which is why sort of this war is going on because he's trying to keep his job. So the Pope came out and that very made a very powerful non verbal statement. And again, if you call yourself a Christian, you are commanded to love Palestinians as much as you love Israelis. And finally, the thing that really enraged the Fox News folks, citing the gospel, the Pope came out and called for migrants to be welcomed, encouraged and integrated in both the Europe, European Union and in the US now, he's always been a big advocate for asylum seekers, but he said that migrants are faced with the drama of forced migration. And he was talking to a pro immigrant nonprofit and said that migrants are exploited, rejected, abused and reduced to slavery. The only commandment, Allison, on immigration or borders in the entire Bible, Old Testament and New Testament is the command to welcome the stranger. It's not a request. And it's in Leviticus, it's in Deuteronomy, Exodus, Isaiah. And Jesus himself does it in Matthew 25. He says that individuals and nations will be judged by how they welcome the stranger. Now I'm not saying that you can't have some regulations on who comes in, but you should read the comments on the Fox News tweet with the Pope's statements because again, there's nothing right wing Christians hate more than people who fight for the actual teachings of Jesus. Merry Christmas.
Allison Gill
Or point out the fact that they aren't being very Christian.
C
Exactly.
Allison Gill
Thank you so much, my friend. Your book is coming out, the Separation.
C
If I ever finish it. Yes, I can't wait.
Allison Gill
And we already know you've got a show coming up. A sexy liberal tour.
C
It's going to be a pay per view. I can announce that now. We're going to, we're going to have it's going to be the first great political party of the year. If you're in the D.C. area the weekend before inauguration, every moral decent person who can spell your will be at the Warner Theater for the last sexy liberal show of this tour and it'll be a pay per view that everybody can watch. I'll flag that endlessly on your show. And my book is now on sale coming out in August.
Allison Gill
Awesome. Thank you so much, my friend. Everybody check out Tell me everything on SiriusXM progress channel 127 weeknights, 9pm Eastern, 6 Pacific, and the John Fugel Sang show podcast wherever you get them. My friend John Fogel saying thanks for joining me today.
C
Thank you, Ms. Gill.
Allison Gill
Everybody, stick around. We'll be right back with the good news. Everybody, welcome back. It's time for the good news. Who likes good news? Everyone? Then good news everyone. Hey everybody. If you have any good news you want to send to us, go over to DailyBeansPod.com and click on contact and submit it. And you can also pay your pod pet tax, which means you attach a photo of your pet. If you would like us to guess the breeds in your shelter pup, we can do that too. Just let us know. And if you don't have a pod pet, you can send us an adoptable pet in your area. And if you don't have that, you can send us a photo of any animal. And if you don't have that, you can send us your baby pictures. Just send them all to us. Us. And we're doing some bird watching here on the Daily Beans for the next foreseeable future. I should say if you, if you have a photo of you, your family and your friends giving the middle finger salute to a Trump property, we call it bird watching. We would like to see those photos. And then of course shout outs. Whether it's to a loved one, you know, like a kid, a parent, a spouse, a partner, somebody doing amazing community work, organizing in your community. We would love to hear about that. Some activism, a small business in your area that could use a shout out or your small business. We love self shout outs and shout outs to government programs that have helped you or a loved one like Social Security, Medicare, Medicaid, the Affordable Care Act, Section 8, SNAP, food stamps, right, WIC, Head Start, anything at all, a great VA, health care you've received and student debt forgiveness. Send it to us dailybeanspod.com click on Contact.
Dana Goldberg
You're so good at that. Yesterday I was like, if you have anything to say, send it in. Just kidding. I didn't say I wasn't that short.
Allison Gill
I promise I've said it. Let's see how many shows have we? I've said it like thousands of times. So first up from Amy Pronoun. She and her shout out to Alex in the American Indian Family Centers in Minnesota. She works tirelessly to re home and revitalize families one case at a time, including mine. After a decade of renting, I'M no longer able to afford a place for myself and my daughter. Her support is priceless. Amy, thank you for that. American Indian Family Centers in Minnesota. Wonderful. And I'll take the next one too. That was kind of short. So you got it from Heather Pronoun. She and her hello Beans Queens. I'm a new listener. Yay since the election and your micro doses of hope in each episode is so heartwarming and encouraging and just fun. It's good and we we need all the good we can get. So thank you for making it an important part of your messaging. I do have a question. Is there a place we can see others? Pod Pet Taxes I love listening to the submissions, but I would also love to see the pictures. So far I have been able to find postings of good news so I thought I'd ask Yes Heather, if you become a patron patreon.com Mueller she wrote you get the photos posted on your Patreon page. Some good vibes Heather continues going on in my life center around the complexities of a blended family. This will be our third Christmas together as a blended family and the first Christmas my daughter, who just is just about nine, decided to get my partner a bonus dad gift that she picked out herself. Orchestrating Christmas as a newly blended family under one roof was taxing on me last year and it's given me some anxiety for this season. But my daughter's act of kindness, which I was not expecting of her, gave my heart a boost. Every day we blend a little bit better and the love gets bigger and stronger day by day. It's how we've tackled our blended family journey and it's how we'll also tackle this next administration. Heather, I was just talking about this. I was. It's like the program, like it's one day at a time. We just gotta get through today. My pod bet tax is a picture I took a week ago of our two youngest kids and our pups. Not only did we blend kiddos but also pets in the picture, my kiddos on the left with our border collie moxie on the right is my partner, 6 year old with their golden doodle Lucky. No, not pictured. Or two teen boys, a career fireman and me, a spazzed out mom slash bonus mom trying to make Christmas as magical as I can be. Listening to you guys on my way to work each morning is the sanity I need to keep coming back refreshed and energized each day. Thank you, thank you, thank you. And Heather, thank you, thank you, thank you like what amazing kind words. Welcome. Welcome to the Lagoonati. Welcome to the Framley. I'm so happy you're here. And look at these precious angels.
Dana Goldberg
Fantastic.
Allison Gill
Picture the dog, the doodle, the goofy face.
Dana Goldberg
Oh my God, that's awesome.
Allison Gill
Love it. Love it. Thank you.
Dana Goldberg
All right, this one's from Patty B. Pronoun. She and her. I never in a million years expected to say these words. I founded a bird sanctuary. I had to yell that because so did Patty. Oh, my God, I love seeing all the birds flock in. And I'll add one of the Vegas Tower in a few minutes. True story. The build. That building is responsible for my 15 year relationship. I never thought, quote, I screwed Donald Trump in a real estate deal would be an effective pickup line for me, but here we are. That's awesome. In other good news, I recently got to meet four amazing music gods, including my one of the absolute heroes, Tony Levin. Is it Levine? Do you know Tone? Do you know if it's Lev or Levine?
Allison Gill
I don't, I don't.
Dana Goldberg
Well, send in a correction if I just messed up one of your heroes, Patty. So, Tony Levin, through a miracle of timing, I scored front row center seats to the Beat tour, which is Adrienne Ballou, Steve Vai, Tony Levin and Danny Carey playing 80s King Crimson. Oh my God, I love this person. And it wasn't until just before the show that I discovered that I got to meet the artists. It was an absolutely incredible concert and helped drag me out of my post election funk. I'm so incredibly grateful for my daily beans right now. After the election, I pretty much avoided all news for a while, but the beans help keep me sane. I love Allison and Dana and every single person associated with this podcast. Thank you, thank you, thank you.
Allison Gill
Another triple.
Dana Goldberg
Thanks. Your hair is amazeballs.
Allison Gill
Yeah, it is. It is. That's a great pink.
Dana Goldberg
Oh, yeah.
Allison Gill
And I love that she founded a bird sanctuary by starting the bird watching, flipping the bird to to Trump properties. And that we'll see. She'll add one in a couple of weeks. Flipping off Vegas Tower, but that's fantastic. You got to meet your heroes. Wonderful. All right, next up from Catherine C. Pronoun. She and her. These three trump birds are within 20 minutes of my house. One is Mar A Lago from the intercoastal side. Front road is closed. One is his golf club, Trump International, and one is his plane. So we've got three birds here. There's one, there's.
Dana Goldberg
Oh my God, that's awesome.
Allison Gill
And there's three ugh Fuck yeah.
Dana Goldberg
That was so short. You want to take the next one?
Allison Gill
Sure. From Dorothy. Pronouns. She and her. Hello, dearest Ag and dg. As the skies darken and the winter solstice is upon us, I have some good news to share. After decades of dreaming of them, we finally have solar panels installed on our house. Just in time to reap the benefits the sweet federal and state tax credits. Sure, they won't be sending power back to the electricity company for a few months, but it gives us something to look forward to next time year. For POD bet tax, I've included a nice moment with some of our corvid neighbors on a foggy morning and two pics of our big boy Cricket in a cat box. We have other cats, but this boy is extra photogenic. His belly is an invitation. It's in no way a trap. Thanks for all you do. You keep me informed, engaged and hopeful. The beans community is a treasure shining brighter in these impending dark times. Hi, beautiful kitty. I want to pet the belly.
Dana Goldberg
Yeah, sweet baby.
Allison Gill
And the burbs. Thank you. Thank you, Dorothy.
Dana Goldberg
Okay, this one's from anonymous pronoun. She and her hello lovely ladies and hilarious AG and dg. This is a self shout out. I'm a watercolorist and one of the pieces was just accepted in the royal collection trust of Kings Charles III at Windsor Castle.
Allison Gill
That's very fancy.
Dana Goldberg
Okay. It was part of a gift of 100 paintings from the CSPWC, which is the Canadian Society of Painters in Watercolor. I cannot wait to fucking scroll. Over 40 years, that compromised the Canadian gift. That's the single largest Canadian component.
Allison Gill
Comprised the Canadian gift.
Dana Goldberg
That comprised the Canadian gift, the single largest Canadian component in the royal collection.
Allison Gill
Wow.
Dana Goldberg
Yeah. Since this is the final phase of the project, it was my sole chance to be a part of the prestigious and historic collection. A career milestone for sure. And an honor to be included in this select group of artists. Artists. I've included a photo of the painting called Timepiece. Okay, I'm already fucking blown away, okay, Called Timepiece. As well as my pot pet tag. Since I have no critters in my household. It's a baby picture of me and my family likes to joke, looking as if I'm already holding a paintbrush in my right hand. Left one just hanging there. Love your show and listen every day hanging on every word for letter or otherwise. I love. I know this isn't your painting. I know it's a picture of the painting. But for you to make it into this collection, it must be extraordinary.
Allison Gill
It's incredible. And I tell you what, when I was, like, on this page and you were reading it, I could see this picture of the watercolor painting, but I thought it was a photo and we would scroll down and see the painting somewhere else. But this is the painting.
Dana Goldberg
Wait, are you sure? I thought this was a picture of the clock. If this is the fucking painting, I don't.
Allison Gill
That's the painting.
Dana Goldberg
Wow.
Allison Gill
Yeah.
Dana Goldberg
That's incredible. And by the way, you were a cute baby. My goodness.
Allison Gill
Yeah, exactly. Look it. Oh. Yep. Holding the paintbrush already.
Dana Goldberg
Oh, my God. That's the painting.
Allison Gill
Yeah. Truly wonderful. Congratulations. I'll close this out with this short one. It's Rocky's. I, like so many after the election, said I was quitting political news, but I find I can't stay away. I have to know the crap he's doing. So I'm back. I do diamond art. Big ones. This is my current one in progress. In all about 60 hours of work. Amazing.
Dana Goldberg
Okay, I'm still back on the painting.
Allison Gill
Okay.
Dana Goldberg
Only because now I'm zooming in on it. Reread. And you're right, it's a photo of the painting. I'm just. I'm absolutely blown away. Like, I'm an artist. I do some stuff, but anonymous. This is fucking cool. And this, the other diamond art. This is beautiful. Look at these pups.
Allison Gill
Look at the stitching. It's gorgeous.
Dana Goldberg
Oh, my God. We got such talented people that listen to this damn show.
Allison Gill
I know. It blows my mind, like, every single time.
Dana Goldberg
Yeah.
Allison Gill
Wonderful. Thank you so much, everybody, everybody, for sending all of your good news to us. Send it to us dailybeanspot.com click on contact. Thanks to John Fugal saying for stopping by today, everybody. We will be back in your ears on Monday, there will be an episode of Jack. On Sunday, there will be a bonus episode of cleanup aisle 45 with me and Harry this weekend. And there will be a weekly wrap up for the Daily Beans. I just never stop cranking up content, I think. Anyway, thank you all so much. Do you have any final thoughts before we get out of here for the weekend? Weekend?
Dana Goldberg
I don't. I'm. Like I said, I'm just in awe of all of you. Thank you for sharing your talents with us.
Allison Gill
100. All right, everybody, we'll see you Monday. Until then, please take care of yourselves, take care of each other, take care of the planet, take care of your mental health, and take care of your family. I've been AG and I've been dg and them's the Beans. The Daily Beans is written in executive produced by Allison Gill with additional research and reporting by Dana Goldberg. Sound design and editing is by Desiree McFarland with art and web design by Joel Reeder with Moxie Design Studio. Music for the Daily Beans is written and performed by they Might Be Giants and the show is a proud member of the MSW Media Network, a collection of creator owned podcasts dedicated to news, politics and justice. For more information Please visit msw media.com msw media.
Title: Trading Places (feat. John Fugelsang)
Podcast: The Daily Beans
Host/Author: MSW Media
Release Date: December 13, 2024
In this episode of The Daily Beans, hosts Allison Gill and Dana Goldberg navigate a tumultuous landscape of political and social issues with their trademark progressive lens and sharp wit. Skipping over the advertisements and introductory banter, the episode dives straight into significant current events, providing listeners with comprehensive insights and spirited discussions.
Timestamp: [00:00 - 06:49]
Allison Gill begins by addressing President Joe Biden’s unprecedented clemency action on December 13, 2024. Biden pardoned over 1,500 nonviolent offenders and commuted the sentences of 39 others, marking the largest single-day clemency event in U.S. history. This move aims to eliminate sentencing disparities, especially for those convicted of drug offenses under outdated laws. Allison notes:
"America was built on the promise of possibility and second chances." ([03:00])
She critiques the selective nature of these pardons, particularly highlighting the pardon of Hunter Biden, whom she refers to as having "bullshit" charges. Allison emphasizes the potential for more pardons to follow, signaling a broader attempt by the Biden administration to reform the justice system.
Timestamp: [07:00 - 13:35]
The discussion shifts to Montana, where the Supreme Court unanimously blocked a state law banning gender-affirming medical care for minors. This ruling reinforces Montana’s strong constitutional protections for privacy and individual rights. Phoebe Cross, a 17-year-old transgender boy, stated:
"I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids." ([07:22])
Dana Goldberg highlights the broader implications, noting that Montana is one of over 25 states grappling with similar bans. The court’s decision is seen as a significant victory for LGBTQ+ rights, countering efforts by conservatives to limit access to necessary medical treatments.
Timestamp: [14:38 - 18:26]
Allison and Dana delve into the Department of Justice Inspector General’s report regarding the FBI’s involvement during the January 6th Capitol insurrection. The report clarifies that there were zero undercover FBI agents inciting violence but acknowledges the presence of 26 informants tasked with monitoring extremist groups. Allison emphatically states:
"If you’re asking whether the violence at The Capitol on January 6 was part of some operation orchestrated by FBI sources or agents, the answer is emphatically no." ([18:26])
They criticize Republican lawmakers and Trump allies for perpetuating unfounded conspiracy theories suggesting federal agents instigated the riot. The hosts express frustration over persistent misinformation and its impact on public perception.
Timestamp: [21:03 - 25:54]
The episode covers the Senate Democrats’ unsuccessful attempt to confirm Lauren McFerrin to the National Labor Relations Board (NLRB). Blocked by Senators Joe Manchin and Kyrsten Sinema, the 49-50 vote prevents the Democrats from securing a majority on the board for President Trump’s incoming administration. Chuck Schumer is quoted expressing disappointment:
"It’s deeply disappointing, a direct attack on working people." ([25:14])
Allison and Dana condemn Manchin and Sinema for obstructing Democratic legislative efforts, highlighting the broader implications for labor protections and workers’ rights under a potentially more conservative NLRB leadership.
Timestamp: [38:59 - 55:16]
In the "Fugal Saying Fridays" segment, John Fugelsang joins Allison Gill to discuss several critical issues:
Allison:
"Ray is... a chicken shit, obeying in advance." ([41:43])
They analyze the implications of FBI Director Chris Wray’s resignation, suggesting it paves the way for President Trump to appoint a loyalist like Cash Patel. The conversation delves into the Federal Vacancies Reform Act (FVRA), highlighting how it allows presidents to bypass Senate confirmations for acting positions, potentially undermining the FBI’s integrity.
Allison:
"As president, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation." ([03:00])
The hosts discuss the breadth of Biden’s pardons and speculate on future actions, including the controversial idea of preemptive pardons for individuals targeted by former President Trump. They question the motivations behind these pardons, emphasizing concerns over favoritism and justice.
Allison:
"Matt Gaetz took the best offer he could get..." ([45:40])
John critiques Republican Congressman Matt Gaetz’s move to join One America News (OAN), a network with a smaller audience compared to mainstream outlets like Fox News. He questions the effectiveness of this move for Gaetz’s political influence, suggesting it may not significantly elevate his profile.
Allison:
"Kim Guilfoyle is thrilled about Greece because that's her all-time favorite musical." ([48:04])
The conversation covers Kim Guilfoyle’s split with Don Jr. and her potential new roles, highlighting the challenges faced by high-profile figures in balancing personal and professional lives amidst political turbulence.
Allison:
"Daniel Penny kept this guy in a chokehold after people left the subway train at the stop." ([48:28])
They debate the controversial case of Daniel Penny, who was acquitted for his actions during an incident involving a mentally ill homeless man. The hosts critique the justice system's inconsistent treatment of such cases and the glorification of Penny by certain right-wing factions.
Allison:
"Let us pray for their sentence to be commuted and changed." ([51:10])
John and Allison discuss Pope Francis’s appeals for mercy towards death row inmates and his advocacy for migrants. They highlight the Pope’s alignment with Christian teachings on compassion and criticize conservative Christian responses that clash with these values.
Timestamp: [56:53 - 65:58]
Shifting to a lighter tone, Allison and Dana celebrate stories from their listeners, showcasing the positive impact of community support and individual achievements:
Allison expresses:
"I am always in awe of our listeners and the amazing things you accomplish." ([64:21])
Wrapping up the episode, Allison and Dana reinforce the importance of community, mental health, and staying informed. They tease upcoming content, including episodes and special segments, while expressing gratitude towards their listeners for sharing their stories and supporting the podcast.
Phoebe Cross, Lead Plaintiff, Montana Case:
"I will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids." ([07:22])
Allison Gill on Biden’s Pardon Authority:
"As president, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation." ([03:00])
Chris Wray on DOJ Report:
"If you're asking whether the violence at The Capitol on January 6 was part of some operation orchestrated by FBI sources or agents, the answer is emphatically no." ([17:51])
Chuck Schumer on NLRB Vote:
"It’s deeply disappointing, a direct attack on working people." ([25:14])
This episode of The Daily Beans delivers a potent mix of hard-hitting political analysis and heartwarming community stories. Allison Gill and Dana Goldberg adeptly balance serious discourse with uplifting narratives, providing listeners with both information and inspiration. Featuring insightful contributions from guest John Fugelsang, the episode underscores the podcast’s commitment to social justice, political accountability, and fostering a supportive listener community.