Jack - Cows Don't Have Fingers (feat. Uncle Blazer)
Episode Date: December 2, 2019We have a ton of updates for you on this week's MSW including Flynn, Trump's taxes, and IG Horowitz. Become a Patron today at patreon.com/muellershewrote for some great fan perks, and follow us on T...witter @muellershewrote! Thanks for supporting our show.
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Season 4 of How We Win Is Here
For the past four years, we've been making history in critical elections all over the
country. And last year, we made history again by expanding our majority in the Senate,
eating election denying Republicans and crucial state house races, and fighting back a non-existent
red wave. But the Maga Republicans who plotted and pardoned the attempted overthrow of our government
now control the house.
Thanks to gerrymandered maps and repressive anti-voter laws.
And the chaotic spectacle we've already seen shows us just how far they will go to
seize power, dismantle our government, and take away our freedoms.
So, the official podcast of the persistence is back with season four.
There's so much more important work ahead of us to fight for equity, justice, and our very
democracy itself. We'll take you behind the lines and inside the rooms where it happens,
with strategy and inspiration from progressive change makers all over the country.
And we'll dig deep into the weekly news that matters most
and what you can do about it,
with messaging and communications expert,
co-founder of Way to Win,
and our new co-host, Jennifer Fernandez-Ancona.
So join Steve and I every Wednesday
for your weekly dose of inspiration, action and hope.
I'm Steve Pearson.
And I'm Jennifer Fernandez-Ancona.
And this is how we win.
And this is how we win.
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My name is Renato Marriotti.
I'm the host of the on topic podcast and you're listening to Muller She Wrote. So to be clear, Mr. Trump has no financial relationships with any Russian oligarchs.
That's what he said.
That's what I said.
That's obviously what our position is.
I'm not aware of any of those activities.
I have been called a surrogate at a time or two in that
campaign and I didn't have and I have communications with the Russians.
What do I have to get involved with Food and Fire? I have nothing to do with
Food and I've never spoken to them. I don't know anything about a mother than he
will respect me. Russia, if you're listening, I hope you're able to find the
30,000 emails that are missing.
So it is political.
You're a communist.
No, Mr. Green, communism is just a red hairing.
Like all members of the oldest profession, I'm a capitalist.
PAPA CLAPPING
Hello and welcome to Mollershi Road.
I'm your host A.G. and with me today,
you're Jordan Coburn.
Hello.
And Amanda Reader.
Hello.
How are you?
Great. Yay. Finally recovered from being
two-fold. Yeah. We ate so much food. We did eat so much food. I think collectively. Yeah. I
probably ate enough myself for like two or three people. It's bad. I was proud of you. Thank you.
You really went hard on the mashed potatoes. I did. I have a thing for stuffing and that. This is my
I have a thing for stuffing in that. This is my, this is my MO for turkey day.
I eat the, get the turkey and the stuffing and the potatoes and carrots.
And then I go back for seconds of stovetop and mashed potatoes was gravy.
Yeah.
That's my seconds.
So good.
Did you all watch the Irishman?
No.
I've heard so many different things.
Yeah, I liked it. What's it about?
It's a squirre-sazy movie. I don't know if you're thinking about an Irishman.
Yeah, well, it's like another mob movie. Okay, by Squirre-sazy, but people are saying it might be his last
one, and it's much more kind of emotional than his other movies, I would say. Three and a half hours.
Yeah. Oh, shit. a half hours. Yeah.
Oh, shit.
That's long.
Like there's an entire act of some movie that's dedicated to like, feelings kind of.
Yeah.
So it's cool.
Um, I asked everyone on Twitter what movie I should watch over the holidays that was
themed about American politics on Daily Beans Twitter.
And I regret to inform you all I chose national treasure.
Oh, nice.
You see picked that on purpose.
I'm sure you all picked it chose national treasure. Oh nice. You see picked that on purpose. I'm going to well-ficked it.
Oh no.
Oh.
Sorry.
You all had amazing suggestions
and I picked national treasure.
Like Mr. Smith goes to Washington,
and you're like, national treasure.
But it was informative.
I learned a lot about the Declaration of Independence.
Yeah, totally.
And it's whereabouts.
And it's whereabouts.
And how to steal it.
So what?
I'm like, you'll go away.
Like, I still don't understand the premise.
Secret fuses.
Yeah, the plot was questionable.
But it was still fun.
Have you seen much of Nicholas Cage before?
I've avoided seeing a lot of Nicholas Cage before just because the internet ruined Nicholas
Cage for me before I got to know his movies. Yeah. But he's really great in a lot of Nicholas Cage before just because the internet ruined Nicholas Cage for me Yeah, before I got to know his movies. Yeah, but um, he's really great in a lot of movies
Yeah, that's true if you go back and watch like Valley girl or the best one ever I think is raising Arizona
Okay, just a fantastic cone brothers film. I believe that yeah, I think so just I was like one of my favorite Holly hunters in it
If you if you see any Nicholas Cage besides national treasure
this year, definitely check out Raising Arizona.
That was his nightmare when he took that gig.
He was like, they're gonna be some people out there
when they think of me, will only think of this movie,
and I'm just gonna have to take that
because I am a criminal, right?
Didn't he do something weird?
Yeah.
They're like a Vade Taxes or some shit?
Or what did he do?
He had something.
And raising airs on it.
Oh no.
Oh.
No, no, no, no, I thought that he had some scandal.
Oh, in real life?
Right.
Didn't he have some scandal?
Or he like went, he like went insane or something?
Sorry, this is, sorry Nick.
I don't know.
I know.
Nick.
Nick.
There's some sort of controversy.
Maybe it's just because he goes in a yelling fits. And that all I think that we just I think it might just be the memes
That's why we have this impression of him you might be right hangs amount to dry anyway, so right honors and nominations and there's nothing that
Play as a criminal and multiple movies. Yeah, political and religious. He also plays an FBI chemical weapon specialist in Viroc,
huh, with Sean Connery.
Let's see about an hostage situation at Alcatraz.
He's in Dorsanger Yang for president.
Okay, that's weird.
He did a lot for Amnesty International
and victims of Hurricane Katrina.
What a good guy.
He's a great guy.
Oh, wait, here we go. Real estate and tax problems Hurricane Katrina. What a good guy. He's a great guy. Oh wait, here we go.
Real estate and tax problems.
Oh.
Oh.
Oh.
He bought a medieval castle.
No, like you do.
His.
See.
It's where he keeps his declaration of independence.
Sorry.
Declaration of independence.
There we go.
Here it is.
The IRS filed documents in New Orleans a connection with a federal tax
line against property owned by Cajun Louisiana concerning unpaid federal taxes. All right, well, we'll have them in the fantasy indictment league.
Sorry, that takes a long.
Sorry, we'll be a nice Thanksgiving too.
We do have a lot of news today along with a huge interview with Uncle Blazer from Twitter.
You know him from his in-depth legal threads on Trump's federal court cases. If you don't follow him,
he's at Blake's mustache. So prep yourself for that later in the show. He'll be
going all five, overall five major cases headed to the Supreme Court that Trump
will lose and he'll let us know where they're at with each one and give us his
predictions about when they'll be resolved. A note to our listeners, we have some
big things coming up on both pods. First, the Daily Beans, our podcast will no longer appear in the Mola-She-Rote feed,
so you'll need to go and subscribe to that separately to get that show.
So please do that by searching for the daily beans wherever you listen to your podcasts,
except patrons.
If you're a patron and you have a premium feed, nothing will change.
You'll continue to get your ad-free daily beans episodes.
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Nice.
Uh, with that, it's time for my favorite segment corrections.
It's time to stay.
It's time for me to say I'm sorry.
Oh, I made a mistake. All right, from Kristen Gooling Smith and also Megan Mitchell.
I've listened to you guys for a while over a year.
Love you detailed coverage.
A super geeky one.
Khan did indeed have the revenge as a dish best served cold line in Star Trek 2, the
wrath of Khan, which he called a Klingon proverb, but he is not the one who made the reference
to hearing Shakespeare in the original Klingon.
Yes, I know this.
It's Chancellor Gorkon in Star Trek VI, under-scoverted country.
Klingon Ambassador, who gets assassinated, which features the dinner complete with Romulan
ale that you were thinking of.
I'm sorry if I insinuated that that was in the wrath of Kahn.
From Mike Wenthold below, and also Mike Waldorf, Richard Sales and Marcie Maldon have similar
questions or corrections
during the correction segment in Mullichy wrote, you were discussing whether Dr. Hill used word
errand or errand. You then said this thought it was errand because errand is an adjective and you
thought errand was the subject however the subject of a sentence at least in this case is the who
or what that is performing the action. So if you look at the clause, he was being involved. And he, yeah, you're right. Okay. It's the object, right? Is that right? In the subject of the sentence, as he is performing
the action, was being involved, the predicate of the clause followed by the prepositional phrase
in a domestic political errand, the subject of the sentence can never be in a prepositional phrase.
So in this case, the word errand is the object of the preposition, huh? Object.
With the words a domestic and political simply being
modifiers for what it's worth, I teach social studies, not
English.
What, lady?
So I both anticipate and look forward to corrections of my
correction.
Sorry if this was long.
You're the best.
Love our nerdy fans.
Yeah.
Oh, that's great.
So good.
I'm so glad to have you in high school.
So glad you're a teacher.
I also like to include one more about this, uh, about Aaron versus Aaron.
The next one. Yeah.
Usually we, we put them all together, but this one was,
we're so special from Pete nurse, same topic.
Uh, I also enjoy my weekly dose of Moshe wrote referring to domestic political
Aaron, the Aaron, uh, given that the word Aaron has the connotation of a task of
apparent signs to children against their will, it is way funnier.
I want you to, or I want to believe Fiona Hill was not only sticking the knife in, but also with the use of that word giving it a little extra twist.
Give Fiona the benefit of the doubt.
Pete Nurse, Melbourne, Australia.
Hell yeah. Thanks for listening Pete.
So many great fans in Australia.
You really do. God, I want to do a show they're so bad.
I know. I know.
I know.
Let's see if we take the beans there.
Yeah.
They got great beans over there.
They do.
Yeah.
It's on tour.
International beans of mystery.
I don't know.
I'm sorry.
From Michael, you guys rock.
This is an a correction.
Just fun facts on why Andy Johnson sucks so bad
from history nerd for Amanda.
Johnson was Lincoln's
VP became president when Lincoln was killed. Civil War just ended. Critical work of reconstruction
was going on like slavery ending. Johnson and Lincoln were from opposite parties. Old Andy was
actually trying to prevent slavery from being abolished after the Civil War. Yep, yep. He clashed
with Congress so many times until they passed a badass loss, tripping his ability to fire cabinet
members. He vetoed. Congress impeached, Johnson,
survived by a mere one vote.
Love listening to you guys in the morning.
Keep killing it, AG, you're a calming brilliant machine.
Well, that's such a good way to describe it.
Jordan, you're one of the funniest people in podcasting.
You make me laugh every day.
Yeah.
Which is cool, because you got your own show coming up soon.
Yes.
You're not leaving.
No, definitely not leaving.
You're just adding side project adding.
Yes.
Called, I disagree.
Yes, I disagree.
It's going to be all that arguing in a smart productive way.
Yeah, and with comics, so hopefully it'll be funny.
We'll tweet about it and I will also.
Maybe less productive.
Yeah.
Yeah, it's definitely not going to be like a news show.
This is going to be if you want to hear people have
philosophical debates and give each other shit
It'll be like listening to your friends argue and then not ruining the relationship afterwards
It'd be like if a roast battle took place in a debate style exactly. I like it. Yes
Also
Amanda you have a billion jobs. I don't know how you do it stay out at doing great work hell. Yeah, that's why you want to do include that one
Thanks Michael. It is true. You do fucking a lot of shit. Thank you.
From Grant Veter, Blackhawk County Auditor and Commissioner of Elections.
Whoo. Dear MSW, thanks for your tenacious reporting, especially for keeping track of the innumerable threads in this epic scandal.
That aren't always at the top of the pops in any given week.
In the woman, you said Abraham Lincoln ran a split party ticket while in
practical terms, this is true. Technically, he informed a new party for the election called
the National Union party in an effort to gain the support of pro-union Democrats. Also,
Johnson actually was impeached under the circumstances you described. He just wasn't convicted
in the Senate. I also wanted to point out that I'm pretty sure you were right the first
time Fiona Hill said, Aaron, not Aaron, as you point out that I'm pretty sure you were right the first time Fiona Hill said Aaron
Not Aaron as you point out the words she was using was almost certainly a noun not an adjective. Keep up the good work. Good work
Love you all. Thank you
Comptroller auditor commissioner Aaron gate
Aaron gate
Strong feelings about that. I have a lot of corrections about that. I was an auditor in a past life, so I feel you.
Nice.
From Trevor 10 Brink.
Okay, cool name.
Your podcast is one of my most favorite out there.
Oh, excuse me, one of the most informative out there.
For free, it's my most favorite.
Ooh, well, I own myself.
Pete Buttigieg, maybe pulling at 0% with African Americans in South Carolina, but he's
pulling 7% nationally among black voters.
Hmm. Hmm. Good. From Dr. Black, Amanda's note, yet another British listener. We need a UK show
in 2020. Yes. Love the show, and especially from the UK, it's distracting me from the shambles
that is Borence Johnson, fellow ginger high five to Jordan. In the beans episode, defense
for the indefensible, age used to phrase, on accident.
This is a contentious one.
It may be more so as a British listener,
as it's supposed to be synonymous with the phrase on purpose.
However, on accident is not grammatically connected
by accident or accidentally, okay.
It is.
Fun fact, when I was a kid,
I used to mix up accident and purpose.
So I would do some shit, and then I'd be like,
but I did it on purpose. Everyone thought you were just so honest and forth, right?
Yeah.
Come on, it was on purpose.
It's on purpose and by accident, right? Okay.
Do you have a word that you misspell over and over and over and over, even though you know
how to spell it?
Yes.
Okay. For me me that's opportunity.
I know how the fuck to spell opportunity and yet every single time I spell it wrong when
I'm writing it.
Interesting, every time.
No, I spell it OPP you are as opposed to O-R.
A poor opportunity.
Oh, whoa.
Yeah.
Yeah.
I think I probably also make that.
I think I just like misspell it or something.
Anyway, I misspell it every time, even though I know how to spell it.
Yeah, that's not an easy one though.
Man.
No, not a doll. That's very hard.
But I was fucking up.
That's fair.
That's a really big doll.
You can't really pick the heart.
I'm worried.
I always misspell it.
I had a tight-tissed establishmentarianism.
I misspell words in our English.
Really embarrassing.
For all my handwritten or derbs times.
I'm not.
The funny handwritten or derbs times.
Having spent seven years living in London, like all of our UK listeners who sent in these
like grammatical corrections, I can hear them in my mind, listening to our North American
accents being like, God damn it.
I'm ruining my language.
A lot of that when I was over there.
Well, everyone's trying their best.
Sorry, not sorry.
From writingexplain.org, professional writers and editors do not find on accident to be acceptable.
Alright, alright, okay, Drinking Drive It Home.
Thanks for keeping me up to speed with the impeachment.
Did you know that impeachment hearings were shown on TV and BBC Parliament Channel over here?
No, that's cool.
That's sweet.
Primetime.
Yeah.
When that happens to Old Boris, I hope we get to see him from Kai Talman.
Thanks to for your passion.
I am possibly the only Hong Konger to have read the Mueller report.
Not really a correction, but when Jordan commented, the Hong Kong District Council results
weren't super consequential.
These pro-democracy counselors will hold 117 seats on the 1200 member committee who elect
the next leader.
So it may prove to be super consequential.
Totally.
I didn't know that part of the structure of that government.
I thought it was just there were local elections.
That they can vote to elect the leader next year on the 1200 member committee.
I guess that would make it a little more.
Yeah, that's awesome. Consequential.
I didn't.
Yeah, I didn't also not mean to diminish that.
Yeah, we simply did not know.
So thank you.
He says, you guys will support me through my post-traumatic stress
disorder when this is all over.
Yes, that's what we will do.
For Rebecca Pearson, you are all amazing.
Thanks for making the news tolerable with swearing.
Not a real correction, just a note.
While both the presidency and Congress changed in January. It isn't on the same day. Congress changes on January 3rd, leaving almost three
weeks overlap before a new president is seated during presidential election years. Thank you.
That's helpful. And that's probably a good thing. And from, yeah, Navi, you think about
it. Yeah. They're like, quick, hi, hi to everything. We have three weeks. I did all you come in.
All odd, he come in.
Chomper. In a recent episode from Michael Ducach, you had a
correction stating, President Trump does not drink alcohol,
following the death of his brother, Fred Jr. There's part of that
story that doesn't get much coverage. After Fred died in 91,
Donald helped his father draft a new will that excluded Fred's
children from any inheritance.
Even though Fred Sr. was apparently suffering from dementia at the time, Donald has stated
their father did it because he didn't like Fred's ex-wife.
Oh, what did it?
Family drama.
Yeah, not a surprise.
That they're a dick.
Alright, those are corrections.
If you have any corrections, please send them to...
We'll go to Moshiruk.com, click contact, and then select Corrections, build us a compliment sandwich, we'll get it
right eventually.
Thank you all so much, and if you want to remain anonymous, tell us or we'll shout out
you out.
All right, it's time for the news, so let's get going with just the facts.
All right, let's start with a piece by ProPublica about Trump's.
Do you say ProPublica or Publica?
Ooh, I say Publica.
I do too because Public uh... sounds weird yeah
pro-publica
call that
pro-publica about trump's tax records
uh... and new inconsistencies this time it's about trump tower in new york
this is more evidence following uh... pro-publica in the new york times
reporting that trump reports different numbers
depending on his audience, higher numbers for lenders,
lower numbers for the tax man.
And new document show, Trump Tower is no exception.
The one in New York.
The previous reports were about two other towers.
According to tax and loan documents obtained
by pro-publica, pubica, Trump's business reported
conflicting information about a key metric
to New York City property tax officials
and a lender who financed his signature building for $100,100,100,000,000.
The key metric is the occupancy rate, which was listed higher to lenders and lower for tax
officials.
And it's not just a couple points higher, but over three consecutive years, the documents
that went to the lender showed the occupancy rates were 11, 16, and 16 percentage points
higher than they reported to the lender showed the occupancy rates were 11, 16, and 16 percentage points higher
than they reported to the tax man. So for example, in December 2011, Trump told the lender
his retail space was 99% occupied, but told the tax man it was only 83% occupied.
A spokesperson for Trump said comparing the various reports is comparing apples to oranges
because reporting requirements differ. This is literally not literally this
is apples to apples. This is your occupancy rate at a given time. So that's apples to oranges.
Okay. These are the kinds of documents. I would assume we're being looked at by side
vans. The Manhattan District Attorney investig investigate, yeah, district attorney, investigating the Trump organization, which
will most likely lead to indictments, perhaps to the president himself, as there's no
Office of Legal Counsel memo in Manhattan preventing him from inditing the president.
I just go SIEVANCE.
Yes, I know.
All right, we have a lot more news to get to, so stick around.
We'll be right back.
Hey everybody, it's A.G.
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All right, welcome back.
We have a Flynn update, Michael Flynn, Mr. Flynn.
Oh!
If you'll remember last year, he was scheduled to be sentenced on December 18th, but that
was delayed because he wanted to cooperate more.
That was the dramatic day in court where Judge Sullivan asked him about treason and warned
Flynn if he did not want him to sentence him on that day.
He was like, I've had it up to here with you and you don't want me to sentence you today. And you should go forth and try to cooperate more. So Flynn was going to testify
this year against his former partner in lobbying for Turkey crime, Bijon Kean. But at the last
minute, he fired his legal team and hired a Fox News conspiracy theorist named Sydney
Powell and went from cooperating witness to co-conspirator. Flynn was supposed to be sentenced
on the anniversary of his first sentencing December 18th. That's cute, but this has been delayed again.
In a joint filing this week, to abate the briefing schedule, that means to cut it down or stop
it. The prosecution says that on August 30th, Flynn's not jaw-blower filed a motion to
compel the production of Brady material, which is exalpatory evidence, that she thinks
the government is hiding because it would show Flynn was innocent.
Now, on September 10th, a briefing schedule for that motion was set.
And the schedule said there would be a hearing on October 31st.
The governmental supplemental sentencing memo was due December 2nd.
Flynn was supposed to respond by December 10th, and then he would be sentenced on December 18th.
But the court later canceled the October 31st hearing
because of the party's comprehensive briefings.
They filed these really comprehensive briefings
to cancel the hearing,
and then that ordered a sur reply and a sur-sur reply
for November 1st and 4th, respectively.
That's like a sur reply, as a reply to the reply.
Cool.
Another reply and then a reply to the reply. Cool. Like another reply and then a reply to that reply.
So the court is not yet ruled on the motion to compel.
But both parties, the Brady materials,
but both parties think their sentencing submissions
will be incomplete if they filed prior to the court's ruling
on the motion to compel.
And they want to wait for the IG report
to drop December 9, because the prosecution believes
it will address topics related to several matters raised by Flynn and his nut job lawyer,
specifically that Mueller and the FBI acted illegally so the entire matter should be dropped.
As we know, the IG report findings will say that the FBI opened the investigation, Crossfire Hurricane properly,
and the IG report is expected to moot Flynn's lawyers assertion that there was no basis for investigating Mike Flynn.
Yeah.
That reporting is out from the New York Times, Adam Goldman, November 27th, and says the FBI never tried to place undercover agents or informants inside the Trump campaign.
That finding totally contradicts bar and Trump saying the Trump campaign was spied on.
Republicans will glam onto other aspects of the report, however, including the error made by one low-level lawyer in the Pfizer-Renewal application for Carter Page, even though it was found the initial Pfizer
app had nothing wrong with it, and the error made by the low-level employee was not a deciding
factor in the renewal.
The report comes out December 9th.
Beans on bar trying to memo it up the same way he did with the Mueller report.
Maybe give a press conference at Trump's request to talk about the shocking revelation of the low-level employee that turned into a criminal investigation,
all to try to spend the findings of the reports since it debunks long held Republican conspiracy
theories. IGHORA, what's a set to testify to Lindsey Graham in the House Judiciary Committee,
two days after the report drops on December 11th, so we'll keep you posted on that. But I think
Barr might come out and try to pull a Mueller report.
What makes you think that? Oh, no. Hasn't a judge already smacked down the argument that Mueller
was acting unlawfully or something or like in the outside the bounds of his scope? Yeah, early
on in the investigation with all the Manafort mostly, he filed a bunch of motions to dismiss,
saying that Mueller was improperly appointed
and shouldn't exist and should die in a fire.
And then, like, I think five or six times,
judges like overwilled that and said
that the Mueller appointment and the investigation
are all proper.
And this IG report also addresses
not just the Mueller appointment, it's properness, but the entire FBI, Russia investigation,
and how it was started by looking into the four people who had
close ties to Russia and the Trump campaign, which were Flynn,
Papadopolis, Carter Page, and Manafort.
And since Flynn is part of that, and the IG report is going to say
that the, how Crossfire Hurricane was opened appropriately by McCabe and his FBI
at that time, and that, and Komi, that this, that it'll be fine.
And so then, you know, that would take a serious chunk out of Sydney Powell's argument that
the whole thing, the government acted egregiously, misconductly, and they should drop everything.
And the FBI should go to jail all of it.
I just ridiculous.
Will this hearing with Horowitz and Lindsey Graham be televised?
I think so.
It should be if it's not.
If not,
big consequential hearing though.
I think so.
I think more consequential is how the report is delivered to the public two days prior.
With bar.
Yeah, it happens around the report is delivered to the public two days prior with bar. Right. Yeah.
The spin that happens around the report is a more important part.
Exactly.
And if they're going to try to spin it, and if Lindsey Graham could use that as an opportunity
to like to capitalize on spinning it and it's questioning him, I'm sure it will be.
Yeah.
They'll do whatever they can to get it out there.
Yeah.
In fact, I wish that, you know, I don't know, Senator Schumer or Senator Pelosi or excuse me,
Speaker Pelosi, she
not a senator should should come out first with a press conference before they release this report
to talk about what they know is in the report so that we have the upper hand in the delivery of
a message to the American people. Nancy, if you're listening. Nancy, yeah, She's like, do you see these balls on my neck? I've got this.
And Nancy, it's me Amanda. That was a necklace joke, by the way.
If anyone is just tuning into us. Yeah.
I sometimes forget this could be someone's first episode.
And we're like sabotage. Caluity Rudy, balls necklaces.
Yeah. Pup jokes. What?
You know what, hey.
Shout out to the long term fans.
Yeah.
And some more oldies, solid gold to make you feel old.
We've got news about Kushner and Giuliani, because he can't stay out of the news.
So Jordan, what's going on with the Kushner and the wall?
Yeah.
So Kushner is being called in Washington Post report this week that Trump's made Kushner his wall warlock
Meaning that he's now basically a charge of tracking progress. Is that your phrase? Yes
I wouldn't put it past Trump to call
I just imagined him in an oversized gown of some kind just like directing everyone like Mickey Mouse and the broomsticks. Oh God.
I'm so sorry.
This would be funny or I guess if it weren't real.
And yeah, we're talking about putting up this wall.
Yeah.
You have to laugh so you don't cry.
Yeah.
Remember that.
The good news is the reason why he's being called in is because he's making virtually
no progress on the wall.
All of the miles that they've actually built
are just kind of like reinforcement sections
of the wall.
They haven't really, yeah, exactly.
They haven't really built, they have not been
nearly as successful as they wanted to be
in building new miles of the wall.
Isn't that also because there are people
who don't want to give up their land?
Totally.
Who hilariously voted for Trump.
Yeah, and then Trump actually said,
like told the guy in charge of maybe DHS,
I can't remember who he said,
but he's like, if you break the law, I'll pardon you
by just seizing this eminent domain,
seizing this land.
Yeah, it's impeachable offense all on its own
and most people have forgotten that he did that.
Right, it makes sense that at this time too,
he's pulling someone in to try to get it done faster
because it's something that he campaigned on so hard.
So now he's just dedicating like all the resources I think he can cushion her as such a random.
He like plays, Trump plays him like a wild card in all these random areas that he has no
qualifications.
Obviously.
We're clear.
Yes.
Yeah.
That's not forget that. Which is everyone else is just forgotten. Allifications obviously. Clearance. Yes. Yeah.
That's not forget that.
Which is everyone else has just forgotten, but I guess that's, well, not our listeners
and everyone, but yeah, it's, so I think it's also not a quits and it's right when a
peachment stuff is ramping up incredibly.
But it's like, hey dude, you're going to throw someone who probably could be indicted on
various charges into the hot seat of a border wall project that was and is rather contentiously funded.
Maybe don't do that.
Maybe not this guy.
No one trusts him to do anything right either because like I said, he doesn't understand
government procurement apparently.
So the people that he's working with are having major issues with him because he keeps saying like
Why don't we just do this? Why don't we just just build 400 miles? Yeah, we can't but it's not our land
Yes, we have to put out contracts in order to get contracts
We have to put out fair bids in order to do that
We have to make sure that it's not all your friend right and that's exactly what they're doing Trump and Kushner
Like well, why don't we just use this private firm in New York?
Let's just do that and they're like dude you can't do that
Why don't we just use this private firm in New York? Let's just do that.
And they're like, dude, you can't do that.
So it seems like he's not being very effective
in these first moments of him.
And it's a wall or lock position.
Yeah, wall or lock.
I know, it's not a hard concept.
Once you've been introduced to the concept of an RFP
or just like a fair bidding process, it's really not.
I mean, I know he knows the next time.
It takes time with fair bidding process.
It takes a waiting much time though
And I've seen this being in government having oversight of contracts totally
You you you put it out there
It'll take a year and then you pick a winner and then the other two have six like 90 days to appeal it or the other people
Who didn't get it have time to appeal it and there has to be a review process?
Yep, then you might have to scrap the whole thing and put out requests for quote again
Yep, and and it could take years.
And he knows this.
And that's why these kinds of projects, anybody smart who's running for president, would
know not to promise that's like while all the Democrats will get health care done in
10 years.
Or, well, if we're going to do some sort of an infrastructure bill, it's going to take
a decade to get done.
Yeah. When I worked in the Small Business Office at UCSD, it took us like a year to even
get a contract done for a small business photographer. It was like, it's, yeah, it's so incredibly
long and they just don't want to do that shit because they're trying to get the 400. They
want 450 feet of the wall built by 2020. And right now, oh, yeah, sorry.
Yeah.
They've got about 450 feet.
I think they want to give them.
Yeah, built by the election.
Yeah, 450 miles.
And that would mean that they would have
to be hitting around like 30 miles a month
where they're at right now.
And there was like, yeah.
And so there's just no fucking way they're gonna hit that.
And on top of that, Kushner keeps throwing out
really stupid ideas like he wants to put web cameras
to broadcast the construction of the wall in real time.
Yeah, this frightens me because,
and this was sort of buried in there.
This was a buried lead.
I was like, yeah, it was like referring to.
Because he wants to be able to show Trump supporters
that the wall is being constructed
because there is no proof of a wall being constructed.
Because no wall has been constructed, really.
And when you think about that,
and installing web cams at the border,
it just seems like it's got a nefarious,
alternate intended consequence. Yeah, it's got a nefarious, alternate intended consequence.
Yeah, it's also very 1984-y.
Yeah, it's like you're gonna put up cameras.
First off, if you-
Oh, it's just so you can see the progress of the construction.
Oh, really, is it?
Is that what it is?
I don't think so.
Right.
And it's like, you're telling me you're not gonna have facial recognition software and stuff and use that as a weapon
against everyone that is around that wall, 10-E degree whatsoever. That's complete bullshit.
If they do do that, there's no way it's only going to be to broadcast the progress of the wall.
Right. And then you've got Facebook having secret meetings with Trump and the Trump
administration and Facebook doing these 10 years, you know, show yourself
10 years ago and show yourself today so that they can get a broad range of what your face
looks like.
That might be a little tinfoil hatty, but I mean...
I don't know.
I mean, they definitely established ties to like sketchy Russia shit with that app, right?
With the face app?
Yep.
And yeah, that's the one who, that aged you.
Yeah. Yeah, and then, yeah, it's just really,
it's really scary and very dystopian.
And hopefully that doesn't go through.
But if they can also establish that they have cameras,
they can also, and this is Tintfoil,
handy on my part, they could also start fabricating
that footage, because if you can say that you have the cameras,
then you can show whatever footage you want pretty much.
Oh yeah.
And it's already such a ridiculous...
It's gotta be easier to deep fake a wall going up
than a person.
Yeah.
And like, ugh, God.
The whole rabbit hole of thinking.
It is, I was just gonna say,
I really wanted to get that hole.
It's a really great idea for Republicans,
you know, because Republicans can't tack
if they just showed footage of like the Berlin wall being constructed
like rainy old and grainy and everyone speaking German and like that's interesting
that we must have hired all German contractors. Yeah
That would be such an easy way for them though. They could lie about how much they've built
They could put out fake footage of them or they could put out footage of just like the refurbished parts or something and say that
It's new parts or whatever.
And all we can do is say, that's just not true.
Which is what we say a hundred times a day.
Yes, exactly.
And then the base will be like, it's awesome.
Awesome.
Doing exactly what I want, the dived-a-du.
And you know you're going to get these disgusting fucking racist anti-immigrant assholes just
watching those webcams looking for people crossing the border all the time
And it's just it's just gross. Yeah, I would also say with what three and a half weeks until
Christmas comes up whether you celebrate or not or whether you're really dis or not whatever this holiday means to you
Probably a good time to donate to some border charities
Weed some of us since we brought that up, but like whenever we talk about the wall
I'm like people are still dying at the border.
Yeah, so there's a lot of really good
San Diego based ones.
Yeah, absolutely.
Like I know border angels does a lot of really,
really good work.
I like what was it, Rice's, which is,
Rice's Texas, which is they basically,
you donate money, they use all that money for bonding out.
Yeah, people, yeah I think.
And cages.
Yeah, I think, yeah, I know that's like a really well established and super high functioning
and really impactful organization.
There are many.
Yeah, no more deaths as well as when I've donated to you before.
No more deaths?
Yeah, no more deaths.
It's based on Arizona and they're all about reducing death.
So like they'll put like water stations out and stuff.
I know that I think border angels does that stuff.
Yeah.
And that one guy who was arrested for giving water
to immigrants was acquitted.
Nice.
So that's a good news.
So reporting Jordan, yeah, wall warlock.
Definitely, yeah.
Yeah, like the wall warlock.
And also, you've got some update for us on Giuliani.
Yes.
Can't keep his fucking face out of the news.
Yeah, and just more sketchy stuff coming out.
And we got more of his stuff coming up in the mule show
of main episode too, so make sure to tune into that.
Oh, oh, my bad.
Daily beans.
That's what I mean.
We got too many podcasts. We got, oh, my bad daily beans. That's what I mean. We got
too many podcasts. We got more coming out in the daily beans. But but in an interview,
this, this Tuesday with Bill O'Reilly, Trump started distancing himself from Giuliani.
Finally, Trump said that Giuliani was not pushing for dirt on the Biden's at his direction,
saying that Giuliani has other clients and in more Giuliani news
Remember when Giuliani said that he had that insurance in case Trump threw him under the bus
Well his lawyer made him call Trump and basically just take that comment back and say that he was joking
So I think that that's first off
I mean, I feel silly fixating on that comment exactly.
Like, I don't really feel a huge compulsion to look super hard into that.
I mean, they're already looking into it by investigating him, you know?
But the fact that they're making him call Trump to apologize, basically,
means that they know that he's on very thin ice right now with his connections to Trump.
And Trump is like, the fact that he's starting a thin ice right now with his connections to Trump.
And Trump is like, the fact that he's starting a distance Giuliani is pretty huge because
he has only said amazing things about him.
And he stays following the same script as he did with Cohen and Manafort and Stone.
But I specifically think of Cohen because when they asked him what Giuliani was doing for Trump said, you're going to
have to ask that to Giuliani.
I hate the way he phrases that.
You're going to have to ask that to Giuliani.
That's exactly what he said about Cohen when he was on the airplane.
And they're like, do you have money payments?
No.
Is he still, you know, is your lawyer?
What did he do?
What did Cohen do?
You have to ask Cohen.
So it's just the same language, the same M.O. the same Mabi sort of
distancing that happens right before that person that happens right that happened right before Kohn flipped.
I don't know if Giuliani has it in him to flip. Yeah. Yeah. I don't I mean at this point Giuliani setting up
so many other personal interests in other areas that he would be severing all
of those ties to.
So I feel like I could see Giuliani having a similar fate as like Roger Stone, not in
the actual years of sentencing, but just in him just sticking through till the very end
kind of.
Yeah.
Yeah.
But we do have that massive wide ranging investigation into Giuliani for computer fraud, wire fraud,
money laundering, his own personal business dealings, which is a story you're going to
go over in daily means, conspiracy to fraud the United States, failing to register as a
foreign agent, just like we're talking decades and decades of potential jail time for Giuliani for his self-dealing.
And another federal crime campaign finance violations
that that might, you know, he might be like,
or he could pull a man for it, which is flip,
but not flip.
I think Giuliani is the first person I could legitimately
see trying to flee to another country.
Yeah, I could totally see him doing that.
I got a Vienna.
Yeah, he did try.
Remember, he had to take it too, and then it didn't go,
because I'm assuming the Southern District of New York
was like, probably shouldn't run, bro.
Right, and now he can't.
He probably can't even leave the country right now.
Yeah, I don't know.
I don't know either.
We wouldn't know.
If he's being investigated, I forget.
We probably learned this in Andrew McCabe's book,
but like at what point do you get a stop put on you
for international travel?
You usually a judge has to do it.
Usually a judge has to confiscate your passports.
Oh, okay.
After you're indicted in the rain.
Like, haven't done that yet?
Yeah.
He's too busy going on CNN to get attention
or Fox brother, not CNN.
Yeah.
He's right now he's trying to figure out
how he can have it both ways.
That's what he's trying to do.
And he hasn't learned from anyone previously
that you can't.
We have to fort try to have it both ways.
He's in prison probably for the rest of the time.
Stone tried to have both ways.
I think they're expecting a pardon.
Giuliani is still at the tail end of kissing Trump's ass, so maybe he'll get a pardon.
Yeah.
That is true.
Giuliani instead of fleeing could just be expecting that pardon.
But then Giuliani, when you think about it, is kind of like the last person before you get to Trump himself, it seems. So for someone like Stone to expect a pardon
versus someone like Giuliani, I feel like it makes more sense for Stone to think that that's
a possibility. Because if Giuliani goes down, then Trump is fucking next. I think you can
indict a sitting president, but at least it would implicate him in multiple
crimes.
Yeah.
He's not left with a lot of armor at that point.
Individual will would come back with a vengeance.
Yeah.
All right.
Thanks for that reporting.
Yep.
Giuliani.
And in some great news for journalism and patriotism, the watchdog group American oversight
was able to do what Congress couldn't.
Congress issued subpoenas for documents from the State Department and the Office of Management and Budget about the hold on military aid
to Ukraine at the heart of the impeachment inquiry, but they got zero documents from those
subpoenas, but American oversight filed a Freedom of Information Act request, and the
people at the State Department and OMB who handle FOIA requests did their jobs, undermining
the Trump Stonewall and releasing the documents to the Washedog organization.
Mostly emails and specifically the news that Trump ordered the hold on aid just hours
after the July 25th call with President Zelensky, pretty incriminating evidence, and more
documents are expected.
And we'll go over those in detail on Monday's daily beans.
Remember it's in its own feed now, so you'll need to go search for it and subscribe, unless
you're a patron.
And even if you are a patron, go subscribe to it because it helps us beat Hannity in the charts. And you get the ad free
episodes in the premium feed. Does won't be going away. January 3 coming up here
will be the separation of power Super Bowl. And we'll go over that with Uncle
Blazer later in the interview. We're going to be hearing two arguments in
Supreme Court cases on that day. And I think it's the sidevants and the grand jury materials.
I think no, it's the oversight,
Mazar's and the grand jury materials January 3rd.
What? You know what? Uncle Blazer old doing that terms appeal like twice now.
Yeah, these are the ones that have gotten up to the Supreme Court.
No, excuse me, not the Supreme Court, the appeals court.
So, but anyway, January 3rd, separation of power, excuse me. Not the Supreme Court, the appeals court.
But anyway, January 3rd, separation of power is super bowl.
So it is the oversight committee, Mizar's case, because Sivance isn't separation of powers
because he's not federal or Congress.
He's not Congress.
So it's that one.
It's the oversight, Mizar's and the grand jury materials case.
Anyway, check those out. January 3rd, arguing on the same day.
And Uncle Blazer's going to go over that
with all the other Trump cases and with their progress.
And recently, the House filed something in the McGand case,
a motion opposing the stay requested by Trump,
saying the delay would impair the impeachment inquiry.
And even if evidence from McGand is not obtained
before the House is completed its impeachment investigation,
there is still an urgent need for that evidence
because it could be used if there's an impeachment trial in the Senate.
This filing shows them intend to use the Mueller obstruction information in some way
in the impeachment.
Yes.
The court decided on that stay.
We're going to go over their findings in detail in the interview with Uncle Blazer.
But believe me, you will love the finding because it moved the deadline in the case up from
February 11th to this Thursday, December 5th.
Oh yeah.
So we'll be right back with hotnotes, including Anuna's lawsuit.
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All right, welcome back.
Hot notes.
All right, let's see what do we have today, Jordan, in your ex-boyfriend.
Yeah, the saga of your ex.
Just in one of Devonunas' lawsuits, this is the original lawsuit against all the Twitter accounts,
one of them being Devonunas' Cal.
This is Nuna saying, when are they're bullying me?
And what of a new motion was filing this case?
They're bullying me.
It's just like hilarious this motion and really just the perfect testament to how stupid
this whole thing is. And I love that all of these, like, pretty smart legal minds have to put in their words into this, like, context of fucking cows, but a court filing.
The court filing may be argument that because the Twitter account, Devon Unis-Kao, is represented as an online cow, he doesn't have fingers.
And as such, can't be considered an actual threat.
It reads, no reasonable person would believe that Devon Nunes cow actually has a Twitter account
or that the hyperbole satire and cow related jokes at posts are serious facts.
And that was written in the Fresno B which which does a lot of really great reporting.
That's crazy.
They slam newness so hard the Fresno B,
it is the fucking best.
Yes, one of the best local newspapers,
give them your money, take my money.
Take my money.
Take my money, my money.
Fresno B, my yummy herald, or a sacramental B.
If there's any we don't know about.
This one says Fresno B.
Tweet at us.
I'm curious.
Yeah, there's like, if you really love your local newspaper and one says Fresno B. Tweet at us. I'm curious. Like if you really love your local newspaper
and they do great reporting like Tweet at us.
Yeah.
I'm curious.
Yeah, would love to see that.
At Muller's T-Rote.
Yes.
And Fresno B, I mean, just they're so,
their role is becoming increasingly important
as more and more shits coming out about newness
that is more consequential than just like lawsuits like this.
But. Is that his districts? Yeah. Just to have to be a lawyer. more and more shits coming out about Nunez that is more consequential than just like lawsuits like this but
Is that his districts?
Yeah, just to have to be a lawyer like you said and say
it's not a real cow.
Real cows don't have fingers and can't operate Twitter.
Yeah, this is clearly parody.
Right, all of it's parody.
You have no case.
Yes, all of it its parody and as such
It's protected by a first amendment rights
That's basically the whole argument which I can't imagine a judge would rule against no
That's amazing. That's an amazing court filing if you get a chance to read it
You need a good laugh. Yeah cows do not in fact have fingers. They do not correct. They can twiddle their hooves
They do not correct. They can twiddle their hooves. That's about it.
I'm sure they're, you know, maybe technologically we will get to a point where
cows can tweet, but today is not today. Yeah, no, it's not.
Your ship will come in cows.
Pita's going to hope for it. They're give cows Twitter every cow deserves the internet. Oh my gosh. So they can
watch movie. I hate myself. I hate myself so much. I donin' it all up, but I did. Yes, and uh, that's fantastic. Mulu.
Mulu.
Mulu is on Mulu, yes.
Oh God, okay.
Mute the farm plus.
Mooving on.
Mooving on.
Mooving on.
Mooving on.
Mooving on. Mooving on. Mooving on. Mooving on. Mooving on. Any good cow jokes?
All right.
I've got some, I've got a hot note.
Switch gears here.
We know that Mitch McConnell, Turtle Dick Mitch, who has fingers, despite being a turtle,
and also has investments in voting machines, has blocked multiple election security bills
while Russia openly attacks our elections, most notably using Republican stuages like
Senator John Kennedy, no relation, appearing on Meet the Press with Chuck Todd this morning.
And can we just, by the way, have Katie Ture host that show from now on?
Katie Ture is way better in Chuck Todd.
So, Kennedy goes on TV Sunday morning and spreads Russian disinformation now on, uh, Katie Turs way better in Chuck Todd. So Kennedy goes on TV
Sunday morning and spreads Russian disinformation conspiracies and propaganda by saying both Ukraine
and Russia hacked our elections. Uh, so the Russians effort to interfere in 2020 is so prevalent
that Republican politicians are repeating their talking points for them. And meanwhile they do
nothing to stop it as though they almost welcome it, which they might or they could be strong armed into
Remember Russia didn't just hack the DNC they got the RNC to and Lindsey Graham's email server was hit specifically
So that might be why he flipped during that famous golf outing in 2017 and went from calling Trump
A piece of shit nut job to permanently attaching his lips to the man's
asshole, like a weird politically motivated human centipede that doesn't just hurt the
person behind you.
In a story from the Associated Press this week, Ohio has detected and thwarted an election
related cyber attack earlier this month, according to the state's election chief, a
public and secretary of state, Frank Lerose, called the attempt unsophisticated, having
originated in Panama, but traced to a Russian-owned company.
The SQL injection attack was poking around for vulnerability so it could insert malware
into the website, probably to exfiltrate voter information, which is exactly what Russia
did to the DNC.
So this is urgent.
Our voting machines are bought and paid for by wealthy Republicans.
We have no way to audit them because they don't have hand-marked paper ballots.
The Republicans won't pass election security bills, and now the Republicans are helping
Russians by promoting their propaganda to so discord and chaos and tear down our faith
and our own free and fair elections.
But there are patriots out there.
The watchdogs and journalists with their Freedom of Information Act requests getting farther
than Congress has.
The whistleblowers and career officials risking their lives to testify against corruption,
and the federal judges willing to stand up against tyranny, like Judge Jackson and her 120-page
decision about why subpoenas must be complied with, and how the president is not a king, and does not
possess absolute immunity. Or Judge Barrel Howe, who denied the stay-in-the-malar-grangerory material case
because the merits were bonkers. Or Judge Sullivan, asking if prosecutors considered treason for Mr. Flynn.
Or Reggie Walton, who told the Department of Justice to Fisher Cut bait in the wrongful
investigation into Andrew McCabe, and threatened to release the documents of his firing, which
he did.
And let's not forget Judge Polly.
A little lesser known in this international crime syndicate known as the Trump Organization,
back in July.
Judge Polly forced the Department of Justice and Bill Barr to shitter cut bait.
Yes, I combined shitter get off the pot with Fisher cut bait. In the hush money probe that was
being investigated by the Southern District of New York, which is under bar. When bar arrived at
the Department of Justice, that investigation went dark, but it was never closed. Because if you
don't close a case, no one else can pick it up. So Judge Polly, on the three-page order in
July, wrote, the government now represents it has concluded the aspects of the investigation that justified
the continued sealing of the portions of materials relating to Cohen's campaign finance violations.
Those are the ones that implicated Trump. Paulie then denied bars request to keep some of the
warrant materials in the Cohen case sealed and ordered it public released, publicly released,
and also said bar must release the status report bar filed earlier in the week that acknowledged the
end of the wider Trump organization probe, but kept it under sealed to keep it secret.
The campaign finance, the campaign finance violations discussed in the materials are a matter
of national importance.
Now that the government's investigation to those violations has concluded, it's time
that every American has an opportunity to scrutinize the materials.
Indeed, the common law right of access are right so enshrined in our identity that it predates
even the Constitution itself, derives from the public's right to learn of, monitor, and
respond to the actions of their representatives and representative institutions.
So with this order, the Manhattan DA was free to learn of, scrutinize, monitor,
and respond to the case, which he did.
Sivance opened his investigation into the Trump organization,
and his subpoena for Trump's financial records and tax
returns is about to hit the Supreme Court.
And it's fast-tracked for consideration
of the statute of limitations.
We'll discuss that in detail in the interview
in just a few minutes.
But hats off to the people, judges, whistleblowers, journalists, the watchdogs, and the voters. These are the true patriots
in this story, we the people. So register to vote, vote in numbers too big to manipulate,
and then you can count yourself among the patriots that saved our democracy from tyranny.
I know I was typing that this morning like this is lofty.
No, I should be a campaign speech right now. You would be fantastic at that. Oh, thank you. Yeah,
definitely. Um, go side vans also. Yeah, absolutely. Everyone's given me a hard time because he let
I've Jarvonka off the hook a while back when he was running for office, I think, and got a donation from them, and then didn't charge them with fraud for under and overreporting the vacancy numbers,
which Trump is all this is his carmic balance. Yes, I think so. This is his hashtag.
Is this his making amends? Yes. This is him making amends to the universe. And there actually
was no evidence that those two things were related at all. He actually gave the money back before
he even decided not to prosecute. So, but yeah, I feel you, but stop with your doom lord stuff.
Yeah, I mean, we got to take that, you know, prosecuting privilege, where we can take it.
Yes. I mean, get it. Sorry. We can get it. Take it, get it. Give it.
Seriously, though, that's not too grim. Like voting is a privilege, you it, give it. Seriously though, that's something to grim.
Like voting is a privilege, you know,
so many people around the world don't have that right.
So many people in this country don't have that right.
Yep.
And it's like a huge, huge, huge privilege
to people to participate in democracy.
And I'm hoping that's what happens.
I hope that people show up in numbers too big to manipulate.
And, you know, that's, it's so much better to remain optimistic
and hopeful that that's what happens.
Yeah.
Then to give it any kind of despair.
And so, yeah.
And the cynicism is gross.
It's just, I can't live in that space, man.
Last often, optimism is better and vote.
Need to be able to get out of bed the morning.
All right, you guys ready for sabotage?
Yes.
All right, this week for sabotage is Wemma-Gedden. Okay.
So, we're gonna play a game.
It's called Wemma-Gedden.
And basically, you are in the game until you hear
Last Christmas by Wim once you hear that song you're out
Fun and you can't send it to somebody like Rick Rollum
Right, right, okay, and like if I sing it right now to you it won't take you out of the game
Okay, okay, it has to be just over
The Wim version like in a in a when you're out shopping or somebody plays it a Christmas party. If you
hear it through a wall for your neighbor that you're out. Okay. I'm trying to. We'll see
you standing for WAM again. For the three of us. Yeah. Well, and any of our listeners, we're
going to play the biggest game of WAM again. Who? On record? Michael, do I version of that
song? It's WAM. It's the WAM. He He was a WAM. Oh, really? Wasn't he?
Yes.
George Michael is in WAM.
Oh, what?
Look at that.
You didn't know that.
No, look at that.
Wow.
Wow.
That's what I mean every day.
What a respectful and elite career he went on to.
So there's one small catch to this game,
and that is that I actually like that song,
and I probably would play it
Of my own volition, but I won't you can knock yourself out if you want no, no, no, you know literally
I'm so out no, I'm competitive. I like winning more than I like when I'm getting so think of it in your head
Yeah, but I'm down. Yeah totally I would I like this as a sabotage. It's it was a nice surprise
Thank you. I just thank you fun games. Well no one our group chat when we text I just lost the game. Yeah. Yeah, just it text us
Aatmuller she wrote or to tweet us at Muller she wrote when you get knocked out tell us the circumstances if you hear the elevator version doesn't count
Yeah, you got to be the WAM version. I'm gonna win
But you're gonna have to come extract me from my room that I've barricaded myself in for three months
Great links to win women together.
Should we add an extra layer to this?
If you want to, tweet us to selfie when you lose
wherever you are.
You lose when we get you.
Yeah, hashtag when I'm again.
Yeah.
Hashtag loves your app all her she wrote.
Yeah, come out.
Yeah, let's see how long we last.
All right, great.
That's the sabotage this week.
Cool.
All right, it is time to play fantasy and diamond league.
I'm gonna be a diamond!
Oh, it is gonna be okay.
I'm gonna be a diamond!
I'm gonna be a diamond!
And I'm gonna be a diamond!
I'm gonna be a diamond!
Oh, that they can't.
It's gonna be okay.
Just calm down.
I can't calm down.
I'm gonna be a diamond!
All right, we don't have any indictments this week.
No points awarded.
So we are just going to pick.
And Jordan, you get to go first. Giuliani. Yeah. I think he's indictments this week. No points awarded. So we are just going to pick and Jordan you get to go first.
Giuliani. Yeah.
I think he's going down this week. I really do think this is his week. It's mounting. It's all mounting so much.
All right. I'm going to go with
a Parnas plea agreement. We're going to see it nice.
Okay. I'm going to do
super seating,
Frueman.
Super seating, Frueman.
I'm gonna go with Ivanka.
I'm going to go with Trump work.
Trump or...
I'm gonna do junior, going with big dogs this week nice. I will do
You have two more each. Okay. I'm gonna do
AMI
Nice. We got a Weiselberg plea agreement or non-prosication agreement. Yes
a big plea agreement or non-prosicution agreement. Yes.
Yeah.
And I'm going to do a random Ukraine-connected person again.
Cool.
And I'll go with Jizlane.
Plea agreement.
Oh, yeah, I forgot.
Question.
Speaking of...
For the first time in months, I'm taking native off.
Watch native, watch native go down. Speaking of Gilein and Iv in months, I'm taking Nader off watching Nader go down.
Speaking of Gielene and Ivanka, two of your picks.
Are there any, do we know of any updates in any cases surrounding either of those women?
Uh, nope.
No, okay.
Good to know.
Why I don't know?
Stay tuned.
Yeah.
And if there were, I won't tell you.
No, we've already picked.
I did read somewhere that Juzlene is gonna come out and tell her story or something,
a gilane.
But, in like, try to paint yourself as like a victim,
gonna tell the FBI or a thing,
but it's not a super source.
So.
Right, it's like, I mean, if you're gonna say anything
that wouldn't incriminate you,
then she could see an immunity deal,
but like against who?
Epstein's dead.
And Andrew?
Yeah, that's a whole mess.
There's gotta be so many other people
that she could incriminate.
So.
But she's like, right, I mean, she's top dog at this point.
Oh, imagine how many well-connected people that she knows
who she could incriminate.
Interesting.
She is top dog in the sex trafficking scandal.
Yes.
How the fuck is she still walking around?
I don't know.
And they were like, she's going to come out of hiding.
We were hiding really?
Well, I wonder if she's being protected a little bit.
Maybe that's because she could incriminate so many people
or provide, corroborate.
Protect is not what these people do.
No, not protect.
Okay.
But I mean, like, not protect is the wrong word,
but I'm saying that like maybe she's being protected
somewhat by people who don't want her to come out.
Yeah.
They would murder her, first of all,
but maybe she's being protected by the FBI.
That's what I was thinking.
Like preserved, almost.
Yeah.
Like a witness protectie kind of a sitch. Yeah,. Yeah. Like a witness protectie kind of a sitch.
Yeah, it could be.
A witness protectie kind of a sitch.
Just a little witness protectie.
A little mad lingedy for your kids.
Yeeled FBI.
Sitch. Sitch.
Damn it.
Even hang out with millennials too much.
Yeah, that's okay.
But it's like a lame attempt to try to even sound like
a mollin. like a Malin.
A Malin.
I know, Jim Jordan now is saying, what is the word that he loves to say now?
Legit.
Yeah, he says legit.
He said legit about Zelensky.
He was like, we need to wait and see if Zelensky is legit.
He fucking said that.
That reminds me of when I was in high school and my mom was like really trying hard
to like connect with me because she's like,
I have a teen daughter, I'm gonna be cool.
Yeah, yeah, totally.
She noticed that I was always calling things random.
In the mid 2000s, we were like,
oh, that's really random.
That's so random.
She started doing that. Wr-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-r- Oh my god babe, that's so random. And I was like, no, it's not. It's not random. It's not trying to make fetch work, mom.
But it was very cute.
It's a cute memory.
It's funny, buddy.
Jim Jordan using legit language.
This formalism is a tire.
Yep.
Yep.
All right, we will be right back with this massively
amazing interview that we are going to replay over the holiday.
So if you don't get to catch it, you'll see it on the beans
during our holiday break.
We'll be right back. This episode of Muller She Wrote is brought to you by our friends at Beta Brand, you'll see it on the beans during our holiday break. Be right back.
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Joining us today he's a lawyer known for his Twitter threads and his in depth legal analysis
of the Trump crimes.
You can find him at blakes must ash on twitter
please welcome uncle blazer to muller she wrote
thank you for joining us today
i'm really excited to talk to you uh... because i know you know we've we've had a
we've had a long twitter relationship and so if you it's
uh... good to have you on here because
you've been following these federal trump
crime cases pretty closely
I believe there's five major ones that we're all trying to follow here
And I was hoping that you could give us an update on each one of these kind of explain
You know because we have sort of like shorthand for the you know the oversight
Mazar's case or the
Sivance Mazar's case like we sort of give them nicknames
And I was wondering if you could tell us briefly about those cases and where they're at and when you think they
might be resolved.
Sure.
So, I think there's a way to break them up into little groups that make them easier to
talk about.
You've got the cases where the House of Representatives is trying to get information on Trump's finances.
Those are the House Mezars case and the Deutsche Bank case.
Then you have the case where the House, I'm sorry, where SIE Vances,
Manhattan District Attorney's Office is trying to get both documentary
evidence, underlying the Mueller report and all of the redacted materials from the Mueller
report itself.
And those are what are called the grand jury materials because that's the biggest part
of the redactions that remain in the Mueller report and the part that the House hasn't been able to see yet. And then you've
got the McGahn case, which is a case to try to get testimony from Don McGahn,
which will, Don McGahn is being prevented from testifying to Congress on the
same grounds that a lot of other witnesses are being prevented from testifying to Congress on the same grounds that a lot of other witnesses
are being prevented from testifying, which is this absolute immunity claim by the Trump
administration that all of Trump's aides have absolute immunity from having to testify
before Congress.
Right.
So, let's start with the House Oversight, Mazar's case. Where are we with that one? Yeah, that's a big one. So a
subpoena was
issued to Mazar's which is Trump's personal accounting firm back in April by the House Oversight Committee
following the testimony before Congress of Michael Cohen
which happened in February so following the testimony before Congress of Michael Cohen,
which happened in February.
So, you know, the House takes control,
sorry, the Democrats take control of House representatives
in on January 1, of course.
They bring in Michael Cohen's testify in February.
He testifies to a whole host of potential fraud
and other financial crimes
by Trump and the Trump organization.
And then the House of Representatives through the Oversight Committee issues a subpoena to Mazar's trying to get Trump's tax returns and other materials. People think of it as just being the tax returns,
but Maysars would also have whatever other supporting documents
they use to prepare those tax returns.
I don't know how much Maysars actually performs
other non-tax related work for the Trump organization,
but it's possible that they have other papers,
but it would also be all of their work papers
that they used to prepare the tax returns,
not just the returns themselves.
So that's what's being saw.
That was a subpoena issued in April.
Trump sued to block that subpoena
and federal district court in DC in May,
or actually, he sued in April.
It was decided in May in favor of the House
with the, and I'll say either House or other site committee,
but I mean the same thing when I say that.
The court found that Trump, so Trump's claim
when the subpoena was issued,
that's when the Trump legal team had to make up some basis on which they wanted to fight this subpoena.
I mean, it's not like there's an obvious way to fight this subpoena. I mean, there isn't an actual basis to defy this subpoena. So they just start making up arguments. And the argument they made up here was
that the oversight committee didn't have a valid legislative purpose for seeking his tax returns.
And the reason they wanted them was to either perform some sort of law enforcement purpose,
which is not something that Congress is supposed to do, or that they were just trying to embarrass
him by exposing
his tax returns, although I'm not quite sure why they would be deemed embarrassing since
he believes them to be such amazing and beautiful financial statements.
Yeah, it's kind of hard to make the argument that there will either be a reputable harm done
to you if a stay is an issue in some of these cases or that they were, you know, they
would be embarrassing
and still maintain that he's a billionaire amazing businessman who's done no wrong. It's just really funny to me. Yeah, they're struggling and, you know, and I think that these all of these
lawsuits are properly viewed as frivolous on the legal merits and the entire goal here is to stone wall and try to push
this off as long as possible. I know a lot of people view it as, you know, they think Trump
has the Supreme Court in his back pocket, and so the idea is to get it all the way to
the Supreme Court and then they'll decide in this favor. And we can get to that piece of
this later, but
what's really going on here is an attempt to kill the clock and get it to the point where
we're close enough to the election that Trump can say, hey, look, you've got to stop all
these investigations too close to the election season and it just wouldn't be fair to
have me investigated during the election season.
Yeah, and I can't even understand why, I mean, I know they want to kill the clock.
I don't understand how he keeps getting granted these stays
because, you know, reading Judge Barrel House decision,
and I think that's the grand jury material case.
She said, I would not issue a stay because first of all, a stay
is not a right, it is a rare remedy. Second of all, there's four requirements, four-pronged
test. The first two are the most critical. One is the merits and the second is a reputable
harm. And she said, the merits are so shitty here alone, it should kill the entire stay.
But I will go through all the
other three of these issues, you know, three of these tests to tell you why they also suck.
But I just don't get how he keeps getting stay after stay after stay. I guess they're
just doing it because he's the president and they want to make sure that they give him
every possible due process. I don't get it.
Yeah, I think part of it is that the, you know, the judicial branch
owes difference to the legislative branch and to the executive branch of government, and they
typically give that difference as a matter of course. You usually don't have cases where the other
two branches are doing things that are completely frivolous and completely
without merit. We're kind of an unprecedented territory here. And so the courts, the courts
default to saying, look, if this is the executive branch, right, this is the president of the
United States of America. We're not going to assume that his case is frivolous, but Trump
has defied a lot of norms, and one of the norms that
he's defied is this idea of bringing frivolous cases. That's sort of been his M.O. as a business
person for his entire career. I mean, he has so many lawsuits that have been brought against
him or brought by him in order to stall or exhaust other people's
financial resources.
This is really a legal strategy for him of clock killing, time wasting and exhausting the
resources of his spouse.
But to get back to the Maysars case, so Trump lost at the district court level, then went to the circuit court.
The circuit court ruled in favor of the House in October in a two to one decision with
the dissenting opinion being from Justice Rao, who is a Trump appointee.
Yeah, and I think that the important part of her hurt descent was that she said this is uh... not a matter of house oversight
uh... legislation but this is an impeachment matter she actually said that in
her in her descent
yeah interestingly she went further in her dissent then
trumps argument has gone to any level of the court
including his uh... arguments at the Supreme Court today, have
not included rouse.
Basically, what rouse ruled was, if you want to perform any kind of criminal investigation
of the president, you have to do that through an impeachment inquiry.
You have to begin the process of impeachment before you can look into anything the president
has done that may have been criminal which is absolutely wrong but even if you take
even if you take that argument you know that we still have the impeachment we have an
open impeachment inquiry and we need these things
yeah the problem with that is that what we're what we're evaluating here is the validity
of the subpoena
and the subpoena was issued before
the impeachment inquiry started and if subpoena was issued before the impeachment inquiry
started.
And if you remember back at that time, there were a lot of people on Twitter and elsewhere,
I assume, but that's the only place I ever look.
On Twitter, everyone was saying, well, you've got to start the impeachment inquiry now,
right?
Because that gives you much better arguments in court and it's going to make things
go faster.
I don't know about the go faster part of it but it would it definitely would have
strengthened the the
houses position in court have they been in an impeachment inquiry
they could have skipped the whole argument about legislative purpose and just
said book our purposes
because we're investigating him because we we might impeach him
but they they they said exactly the opposite of that.
In court, they said, this has absolutely nothing to do with impeachment.
We're not in an impeachment inquiry.
We're not even assessing the possibility of impeachment.
We're doing something completely different from that.
Yeah, that didn't, I don't think that came up until the House subpoenaed the grand jury
material from the department of justice and I think that's when Jerry Nadler from the judiciary
invoked article one impeachment powers for the first time. Right, that was in
July. July 27th. Yeah, they first said we're in an impeachment inquiry. I mean,
knew they had to do that in order to get McGand to testify in an order to get
the Mueller grand jury materials, but they thought they could do it without having to begin an impeachment inquiry
in both the Mezars case and the Deutsche Bank case. And I think politically they weren't at a point
yet where they thought they could begin an impeachment inquiry. I think they thought that,
and this is just my take on what the Democrats in the House
have been doing, I think they've been loath to open an impeachment inquiry and say, you
know, February, March, April, May of this year, and have it take, you know, eight, nine,
ten months of court battles to get the documents that they need in order
to go through with the impeachment.
I think they thought that they would run headlong into Trump's witch hunt claims and this
is a fishing expedition and they're just out to get me.
They don't even know what they're looking for.
They just want to impeach me and they want to find any reason to do it.
So I think they were good political reasons not to declare an impeachment inquiry.
I think the Ukraine issue has really kind of forced that matter and pushed the Democrats
into an impeachment inquiry a little bit earlier than they wanted to make the formal public
declaration of it, although they did begin the inquiry for purposes of court
filings in July. Anyways, we're getting a little far-field. So, so Rouse, Rouse
dissented, and then what happens is, and Trump requested an on-bunk rehearing of
the case, which means he requested the entire DC Circuit Court of Appeals, all 11 acting judges,
because you've got judges who are on senior status and they don't count for purposes of an
on-bunk rehearing. So there are 11 judges on the circuit court who would participate in an
on-bunk rehearing. And I mean, a lot of experts were looking at it and saying, well, maybe he'll just
skip the on-bunk rehearing and go straight to the Supreme Court because clearly he's not going to
get the on-bunker hearing.
This is a democratically controlled circuit.
It's seven out of eleven are democratically appointed or Democrat appointments to the court.
And of course, the chief judge, as we all know is Merritt Garland, who's probably not going to be too keen on on-bunk review.
Now, and I just want to pause really quick and talk about why it matters who appointed
a judge to the court.
It doesn't matter who appointed the judge for purposes of, I mean, the judges aren't
biased in favor of whatever president appointed them or at least on the
whole they're not.
But you can glean a lot about the way judges think about the law and what their ideology
is by who appointed them.
It's more that the president appoints a judge who views the law in the same way they view
the law than it is that the judge once being appointed
by a president must be a sicker-fant for that president
or for that president's political party.
So when a judge is appointed by the GOP,
they're typically appointing judges
who have a certain ideology and a certain view of the law.
You know, they like limited government,
they're strict constitutional and interpreters, interpreters except when it doesn't forhood them to be.
And so when I reference who appointed a judge, I'm not saying that because I think that
they're biased and favor of a particular political party, I'm saying that because it tells
you a little bit about what the judge's ideology is.
Yeah, of course. I do think though that some people have a little bit about what the judge's ideology is. Yeah, of course.
I do think though that some people have a little bit of an issue with some of the Trump appointed
judges simply because some of the judges, he's appointed are just absolute piles of shit.
Never tried a case, et cetera, et cetera, and that some of them actually may be sick
a fan to Trump, but in general, but you know, and we've
seen it with Rao, but we've seen other cases too where they've ruled in favor of the actual
law. And I think all five of these cases are so clearly, you know, have no merit, just
clearly have no merit for Trump.
That's right. That's right. And so people thought he wouldn't
request a non-bunker hearing because it would certainly fail. But of course he did, and the reason
he did is because he wanted to kill more clock. That's what this is all about for Trump. This is
about killing clock. So in the each court, each circuit court has its own rules for how long you have to file certain motions.
And in the DC circuit court, you've got 30 days after a ruling to file for on-bomb re-hearing.
And so Trump was going to wait all of that time to file for on-bomb re-hearing, but he
had to stay the mandate of the lower court.
And so he had to file for a stay at the Circuit Court.
And in doing so, he felt compelled, at that point,
to also file his request for on-bock rehering, which
cost him a few days on his clock.
So he simultaneously filed for on-bong-ri hearing and filed
His to stay the mandate of the circuit court the
the on-bong-ri hearing was denied in a seven to four ruling and
So he actually I'm sorry was eight to three and and trump actually did have one of the GOP appointed judges who will be talking about a lot on this call i think uh judge griffith actually
sided with the the house in denying on bakry hearing in the msars case which i think is important
for for a couple of reasons first of all it tells it tells us that Griffith is a little skeptical of Trump.
And he's one of the three judge panel for the McGann case, is he not?
Both McGann and Muller Grandjury. He's one of the judges that's on both.
So Griffith was a GOP appointee, but he decided to deny Trump and
on-bong-ree hearing. It didn't really matter which side he ended up on. It was either
going to be eight to three or seven to four against Trump and Trump needed a
majority in order to get the on-bong-ree hearing, but in any event, Griffith
went against Trump on the on-bong-ree hearing. And so then it came time to go to the Supreme Court.
And Trump had 90 days after the on-bong-ri hearing was denied
to file his petition for CERT at the Supreme Court,
which would be February 11th.
So he had all the way until February 11th
to file his petition for a writ of cert from the Supreme Court.
In the meantime though, he's got a mandate from the Circuit Court that he has to try to get stopped.
He has to try to get a stay of the mandate of the Circuit Court because unlike other
kinds of judicial rulings, this is a subpoena. And so when the DC Circuit Court rules in the House's favor,
that means the subpoena is gonna take effect
unless Trump tries to block it.
Now, in some cases in loss and when you're in court,
you can go ahead with your appeal
and other things can happen while you're appealing.
For things like, when you're trying to block a subpoena,
once the documents go out, the case is kind of moot
at that point because they're not gonna give
the documents back.
Right, so this is why he's asking for, yeah,
a stay of the mandate.
And when he made that filing,
That's my favorite part.
This is my favorite part.
So the house. I
I anticipated that what the house would do when he moved to stay at the mandate is they would say
two things. They would say number one, don't stay at the mandate. But number two, if you are
going to stay at the mandate, accelerate the time for filing cert. And and let's let's do this
right now. Let's not wait until February 11th and let them file for certain that.
And so the Supreme Court got the request for a stay
from TROP and their next conference date
after that was filed was Friday, November 22nd.
And we think they considered that at that conference date.
It was a little confusing.
The court typically will either issue its rulings
coming out of those conference dates,
immediately, you know, the same day on which they meet
or they'll do it the next Monday morning after the Friday conference.
So Friday went by all day. Monday, 9.30 came around. The Supreme Court put out its notice
of what had I done on Friday. No mention of the Trump case. And then later in the day,
sometime around the evening, it actually came out and said that they had stayed the case.
I don't know what happened.
I don't know whether they decided it on Friday or whether because Ginsburg ended up in
the hospital on Friday.
It got put off and they considered it again on Monday or what happened.
But in any event, they issued a stay of the mandate on Monday, November 25th. And in so doing, they also accelerated the timeline
for Trump to file for cert and said
that it was going to be December 5th instead of February 11th.
So they cut whatever that is, 66 days or so off of
the possibility to kill time in the case.
So now Trump has to file his petition for a writ of cert by December 5th.
I have not seen anything where the court has said what the full briefing schedule is.
The next Supreme Court conference date is the 13th of December.
So my hope is that it's on a fast enough pace that Trump will file on the fifth.
The House will file its reply on say the ninth maybe I'm not on how to calendar in front of me but
but it wouldn't be on a weekend. And then a couple days after that Trump gets one last filing.
And then hopefully all that is done before December 13th and it will actually land
on the December 13th Supreme Court conference state. And the reason we're hoping it falls on that
conference state is because if it doesn't, the next conference state is January 10th.
Well, how didn't I hear that they're going to have oral arguments? Wait, January 3rd is actually
the Mueller Grand jury material and
McGahn case. That's right. Okay. Yeah, a lot of a lot of a lot of balls in the
area. I know. I know. So we'll be at the Supreme Court on December hopefully on
December 13th. And what we can talk about the advance case too, that that's
definitely scheduled to be heard at the Supreme Quarant's Conference State on December 13th.
My hope is that the House may as ours case will also
be heard on the 13th.
If it's not heard on the 13th, it's also possible that the court
schedules another conference date.
OK, so when you say heard, you mean they decide
if they're going to take it up?
Right.
So on conference days, on most Fridays, well, when the court is in session,
they sit in conference. Right. And they decide all of the motions that have been brought
before them. Motions, you know, things looking for stays and, you know, petitions for, for
cert, things like that. And they, they, they decide them on those conference days.
They don't have to do them on those conference days.
They don't have to do it on a conference day, though. They could, in a case like this one,
I mean, it's a pretty important case.
They could, of course, decide to all get together
on December 17th or something and decide the case then.
Hopefully it's briefed and it will be heard at the conference.
And then it's time for the court
to decide whether to grant
cert.
And what it means to grant cert is that the Supreme Court will hear the case.
You don't get an unlike federal circuit court, that's an appeal of right.
So when you lose in the district court, you automatically get to appeal to the circuit
court, and they have to hear your appeal. Now they can deny your appeal, but they have to, you get to appeal
to them. At the Supreme Court, you don't necessarily get to appeal. You file a petition for a
writ of cert, and then the court can decide to deny that and not take the case at all.
That constitutes no decision by the Supreme Court if they deny cert. That just means that the
the lower court in this case, the DC Circuit Court's ruling would stand and there would be no
Supreme Court precedent set on that case. Okay, so December 13th probably they're going to decide
if they're going to grant cert for sivances, Mizarars case and the oversight house oversight committees mazaars case and then they have granted cert
For the grand jury material and McGahn cases and those are going to be heard on January 3rd
And I think there's is that right? I got no that's not the supreme court
Those are both of those are at the DC circuit court. Oh, there's still the court of appeals. Right. We got the panel with Griffith and
Yes.
On, Griffith sits on both panels for the Mueller grand jury materials
and the McGand case.
McGand case.
Okay, so those are both going to be back to back on December 3rd.
January 3rd.
Sorry, January 3rd.
And so we'll be, we'll get the Supreme Court rulings
on the two May's ours cases in December, and then in January we'll be at the DC Circuit
Court for the Mueller Grand jury and McGann cases, which will then likely work their way
up to the Supreme Court as well. Okay, and then finally we have the Deutsche Bank Capital One case.
Yeah, which is miskind of,
I don't want to say mysteriously,
because I don't want to get the conspiracy theorist
to work up here.
I don't think that there's anything nefarious going on.
I mean, certain courts take a long time to rule on things.
Right. It's not at all unusual for a circuit court
to take a year and a half to decide something after it's been argued to them.
That's just not unusual.
So this case has been argued to the circuit court and that's what we're waiting for is the circuit court of which of course Trump will appeal.
Right. So that was August 23rd was the hearing before the second circuit Court of Appeals. So the case comes out of New York.
And so it goes to the second circuit
instead of the DC circuit.
That was argued on August 23rd.
And here we sit three months later,
and we don't have a decision from the Circuit Court.
And I check the website every single day.
And who was the judge on that one?
So that's a three judge panel of the second circuit court of appeals and we have Judge
Newman, Judge Hall and Judge Livingston.
That's right.
Newman was a Carter appointee and Hall and Livingston were both W appointees.
And all three judges were incredibly skeptical of Trump's arguments during the oral argument
in that case.
And I think it's essentially a foregone conclusion that that that that should be a three-nothing
ruling against Trump in that case.
But then you've got the same rigamarole we went through with the House of Mizzars case
where Trump can, you know, file for an
on-bunk rehearing. And then he's got to go stay at a mandate and then he's at the Supreme Court.
And so, if we, the ruling in the House Mazar's case was October 11th and it's being,
it's probably going to be heard at the Supreme Court on December 13th for cert. So, call it two
months from the time you get a circuit court ruling
to the time you have the Supreme Court
considering whether to grant CERT.
So if we get a ruling in the Deutsche Bank case
in the first week of December,
you could be talking, first week of February,
when the Supreme Court is deciding whether to grant
cert. I don't know. Maybe that court is sitting there
saying, well, let's see what the Supreme Court does in
the Mezars case before we issue our ruling and get over
rule by the Supreme Court.
So that would really
solve the Deutsche Bank case for a long time if that happened
though. So I don't know what's
causing the hold up on the Deutsche Bank case but it's not necessarily going to
be decided imminently on a thread but I do think what will happen, what I
expect to happen is either sometime between now and March the House is going to
get Trump's tax returns and when they do they're going to start counting the table if they need the Deutsche Bank documents.
And so you don't think that this could take until a lot of legal experts are saying that
the decision from Supreme Court would be handed down in June?
Well, that's the typical timeline for a Supreme Court case that gets decided during a Supreme
Court term. You know, the arguments happen in February, March, April,
and then the decisions get handed down in July time,
I don't think that's what's going to happen in this case.
Most of those other cases don't get accelerated briefing schedules.
They don't get crammed into the court's conference schedule
the way these are being crammed in. I think the court understands
the importance of these cases and the urgency of these cases. And I don't see why if the court
wasn't planning on issuing a decision in this case until June, why did they bother requiring
Trump to file for cert on December 5th? So I think that they're going to put the merits.
So let's assume that cert is granted in the House May's
R's case.
It only takes four justices to grant cert
unlike a stay or a merits ruling which takes five justices.
It only takes four to grant cert.
I'm guessing that cert will be granted.
And when cert gets, and so we'll figure that out on, say, December 16th, which is the Monday
after the December 13th conference, they,
I think what'll happen is if they do grant cert,
they're gonna say we grant cert
and here's the accelerated schedule,
briefs or do in three weeks,
we're gonna have oral arguments three weeks after that.
And so, the thing will be briefed in January, do in three weeks, we're going to have oral arguments, three weeks after that.
And so, you know, the thing will be briefed in January, argued in February, decided to
march, is the way I see the House Mays R's case going.
And same with the same with the Vance Mays R's case?
Well, the Vance Mays R's case will maybe even faster than that because of the statute of limitations
potentially running on some of Vance's claims in that case.
We don't know exactly what charges Vance is looking at bringing and who is looking at
bringing them against.
I want to let you know, we did brief our listeners on this that the misdemeanor
would be up I think on a month statute of limitations
would be up in a month or so, actually in December
and then after that, the felony fraud
is an additional three years after that
because it's only two years statute of limitation
on the misdemeanor.
Right, and there's different standards for proving the misdemeanor claims and the felony claims.
And I think part of what Vance is arguing is, look, I might not be able to prove the felony
claims, whereas I can prove the misdemeanor claims.
And so if you if you stall this thing out and I missed the statute of limitations,
this guy's gonna skate.
So you gotta decide the case immediately.
Got it.
There's lots of different potential crimes
being investigated by Si Vance though.
I mean, he's talking about crimes
that go all the way back until 2011.
That's what he said and his reply to Trump's petition for
CERT. He said, you know, we got Michael Cohen as a
cooperating witness. He's telling us about cooking the books
and all kinds of fraud and all kinds of tax crimes going all
the way back to 2011.
So, I mean, I think you're looking at indictments
for lots of different officers of the Trump organization,
including Trump himself.
This is not just the hush money payments
that were made in the run-up to the election.
Oh, yeah, no, right.
If he was just investigating the hush money payments only,
he wouldn't need anything from Mazaars.
So, you know, it's So, I just find it fascinating that,
and Manifort taught us this,
that the statute of limitations clock
doesn't start ticking until you stop the crime.
Like, if you continue to do this particular racket
that you're into, you can go all the way back
to 2011, 2008. You can, you know, you can go all the way. If you're laundering $60 million
over 11 years from Ukraine, that whole 11 years is subject to this law. As long as the
last year you did it, is within the five year federal statute limitations.
Yeah, that goes in the things we learned from Paul Manafort.
So many, right?
Thanks, Paul.
Yeah, don't buy lizard jackets and also don't go on
eight-year-long crime sprees.
Yeah, great. He's a great guy.
So it's conceivable that the two Measar's cases are put on
It's conceivable that the two Maysars cases are put on very similar time frames.
It's also conceivable that CERDA is granted in one and denied in the other or denied in both. I really, I don't think any of us really knows what's going to happen. Most experts, which I do not
consider myself to be one, a
kind of Supreme Court expert, but most of the Supreme Court experts are expecting that
cert will be granted, and then they're expecting that Trump will lose on the merits.
Yeah. A lot of those experts are expecting that to happen in June, but I don't think they're
taken into account how important these cases are and how bad the Supreme Court is going to look if they let this thing drag on all the way until June or July.
Right. I mean, Nixon tapes took three months to start to finish because of the importance of it.
And also wanted to talk just really briefly and then we have to get going about how different these two Mazar's cases are, because I've heard some people argue
that they won't take them both, because it's the same case.
And I really think that that's kind of a short-sighted view.
These are very different cases.
Wouldn't you agree?
Oh, yeah, they really have very little,
they have a common thread. The common thread
is that in each there is a party who is seeking Trump's financial records from his personal
accounting firm. That's where the similarities between the two cases and the reason why
they're being sought are different.
The legal basis on which Trump is contesting the subpoenas
is different in the two cases.
In the House case, he's saying that the House lacks a valid legislative purpose.
And in the Vance case, he's saying that he is immune from criminal investigation, those are two completely different legal defenses
that Trump is mounting.
Yeah, and one is separation of powers, you know, just by the virtue of it being the House
oversight committee, and one is not because now, you know, that I remember a const of
a way arguing that, you know, Trump could shoot people on Fifth Avenue and the local police wouldn't be allowed to intervene because he has absolute immunity from being criminally
investigated or blocked or anything by anyone who is not a, I guess, a federal marshal.
I don't understand, but it's just a totally different argument. Yeah, I mean, I think that they would say that neither federal nor state criminal investigation
can occur under the Constitution, and they're relying on this notion that the president
can't be indicted, which really, it's a pretty far stretch to go from can't be indicted, which really, it's a pretty far stretch to go from,
can't be indicted, to can't be investigated for lots of reasons.
One reason is, investigation is something that can lead to an indictment after you leave office.
But also, what if the claim, like here, is one of criminal conspiracy that involves multiple parties?
You can't investigate the other co-conspirators.
So in order to figure out whether Ivanka and Don Jr. have committed crimes, we need to see the Trump
organization's tax returns and Donald Trump's tax returns.
And we can't do that because
if we look at those tax returns that would constitute a criminal investigation
of
the president
and and so that means that his co-conspirators get to hide behind that that
same
uh... shield
yeah that just that's just not that that's just not
colorable that that's it that's a terrible argument
the maritzard garbage and they always have been and frankly they're serious doubt about about this
notion that the president can't be aided either yeah and and but but that's a
much closer question because that's really a question of under the
Constitution what how does a president get removed from office can the president
be removed from office in any fashion other than being impeached
by congress. And that's where you get this idea that the president can't be undited because
that's another way to remove him from office. But investigating him really has nothing to
do with removing him from office. It's not like there's a choice between you impeach him
or you investigate him. Oh, and that's what Mueller decided when he put his report out and said, I'm not indicted.
I can't even call him a criminal.
First of all, I don't want to attain to any future juries for prosecutions of the man
as a private citizen when he leaves office.
But also constitutionally, I'm not going to do this because impeachment here is the remedy that was sort of you know the his sort of way to sort of follow that
really shitty and not at all legally viable i don't think
office of legal council memo that says you can and i dissenting president
well and and you know if we're going to look at the muller report
why was muller even able to do an investigation of the president well and he
said that donald trump that nobody can criminally investigate you.
Here he was criminally investigated and, you know, and found that and said in his report,
the reason that you investigate somebody when knowing you're never going to indict
them is so that you can gather all of the evidence while memories are fresh and while
documents are still available before, you know, Mr. Shredder comes up and rears its ugly head.
So it was very important for him to spell that out in that.
And so for that to have existed and for his argument
to be, I'm totally immune from investigation is ridiculous.
And then to say further, I'm immune from legislative oversight.
And then to take it a step further, I shouldn't be impeached.
This is not impeachable, et cetera, et cetera.
I mean, he just thinks there's no remedy
to ever get him out of office.
Oh, yeah, it's total lack of mold.
I mean, once one argument gets knocked down,
he just pops up with a new one.
But just one last thought on the Mueller thing, and this is a good analogy to the Vance
case, investigating Trump led to an indictment of Michael Cohen for the hush money payments.
Well, so Michael Cohen would have been shielded from investigation, had it been true that the president is immune from
criminal investigation. In the same way that Don Jr. and Ivanka would be shielded from investigation
by vans, if the president were able to say that he's immune from criminal investigation
in the vans case. So it's a completely bogus argument. He will lose on the merits of the case. There's
no chance he will win on the merits of the case. No matter what you think of the Supreme Court,
they don't just vote in favor of completely frivolous, meritless arguments that will create
precedent that will apply to every president of the United States from now until the end of time.
Yeah. Well, we will definitely be watching on January 3rd for the, what they're calling,
the separation of powers, Super Bowl, and also two quick things, and I only have about
a minute left, but two cases that I've sort of fallen off our radars, the Concord
Management Case, and the secret company from Country A that Mueller subpoenaed, that seems to have gone
the way of the co-incase in Southern District of New York, how that disappeared, Vance picked
it up.
But I'm wondering if you've heard, I've talked to, I think, Caitlin Pullens and a couple
other people, they still haven't heard anything, any updates since June on that secret company
from country A subpoena.
And the last I heard of Concord Management is they were going into arguments in January
of 2020.
I know very little about either of those cases.
The mystery company subpoena case looks to me like it's completely dead and buried.
I haven't heard a word about that in forever. And I also,
I'm not entirely sure what that case is about. It seems like it has something to do with the
Cotari Investment Fund. That's my guess for, if it's, that's my guess for what it is, is the QIA.
It had something to do with, with Kirchnerers property and the embargo that happened in cutter,
but I mean, I'm just yeah, we're pretty much guessing on that.
All we know is it came out of the no for sure as it came out of the Mueller investigation.
It is a foreign state owned company and it has offices in the United States and does substantial
business here.
And that's pretty much all we know. We've been speculating based on those tiny clues since gosh, 2017, 2018.
Now, you're right.
I think Bar showed up in April and sat on a bunch of these referrals.
Yeah, along with the FBI counterintelligence investigation,
which is purportedly still ongoing and yet what will
ever become of it, no one knows.
Yeah.
Well, I guess maybe once bar, once Trump's out of office, we get bar out of there and maybe
the, the kinkle come out of the hose and we can find out exactly what got held up and
when.
I know a couple of judges has been like, look,
because I think a judge came out and said
in the Southern District of New York Cohen case,
like if you all aren't gonna do this,
I'm shutting the case down so that it can be handed off
to Vance.
And that was, I think, done on purpose
to slow roll these cases,
to prevent them from ending up in state
and district attorney's
offices.
Yeah, very, very well made there.
All right.
Well, thank you so much for entertaining my theories here at the end of the call.
And I appreciate you going over all these cases with us.
It's a lot.
And so, you know, we'll be paying attention.
But everyone you can find him at Blake's mustache on Twitter.
Check out his
threads absolutely wonderful in depth analysis of Trump's crimes and where they are in the
courts. Uncle Blazer, thanks for joining us.
Thanks, AJ.
All right, that is our show. Thanks for hanging in for that incredible interview. You can
hear it in its entirety. It will be released during our holiday break on the Daily Beans
feed if you want to hear it again. So I have a final thought, and then I'll hand it over
for your final thoughts, a tweet caught my eye
from the Palmer report, whether you read it or not,
whether you like it or not, I agree with this tweet,
and I wanted to read it.
He says, if you spend the next year being paralyzed
into inaction by each day's doomsday punditry,
Trump will win the election.
But if you spend the next year working hard
and working smart, Trump will lose the election
and go to prison.
It's as simple as that, it's about you.
So keep that in mind.
Mm-hmm.
Check your registration, make sure you're registered.
Yep.
You too can be a hero.
Mm-hmm, yep.
It is up to us.
We are the mullers we've been looking for.
We've been saying it forever.
Any final thoughts?
Yeah, meh.
Feel like I'm tired of that democracy over here.
Yeah. Awesome. Yeah. Yeah. I wonder about democracy over here. Yeah
Elias. Yeah, I wonder if like working in a I
signed up to be a poll worker and
Wendt of not being able to do it on the day of the election But I went to the training and everything and it was really interesting and I wonder if it's like I wonder how much funny business
Happens there that having people funny business. Yes, because everybody that works there, in my experience, the demographics seem like
their Republicans.
I don't know.
I hate to assume.
Would you remember when we went canvassing for Mike Levin?
Yeah.
And they were like, yeah, you can collect people's ballots.
And I was like, really?
That doesn't seem right.
Like, you just can give your ballot to a stranger.
And then we found out that,
in, was it North Carolina?
Somebody was stealing ballots that way, that very way.
Yes.
I think it was North Carolina.
Yeah.
They had to overturn the election
or something like that.
Yeah.
The North Carolina's ninth.
I'll have to look it up, but it was, you know,
it just, yeah, I mean, if we like,
get to the polls to vote and then, you know,
become poll workers, take that over to,
then we can ensure a fair election.
And with all of the obstacles we have in our way
with voter ID fraud, you know,
I vote ID laws that are disenfranchising,
that gerrymandering, you know, I voted ID laws that are disenfranchising, that gerrymandering, you know, the fact that Russia could hack
and the places purge their polls, their voter roles,
not their polls, but their voter roles,
just all this stuff we have to fight up,
up hill battle against the Republicans.
Throw everything but the kitchen sink at it
for the selection of the audience.
And the kitchen sink.
And the kitchen sink quite frankly, like smash that fucking sink. Smash the sink kitchen sink at it. For this election, we got it. And the kitchen sink. And the kitchen sink quite frankly,
like smash that fucking sink.
Smash that sink.
That's a smash the sink.
Smash that whole sink, just the entire kitchen.
Yeah, smash your whole kitchen.
Yeah, do it.
Also, I'm sorry to insinuate that
Republicans are gonna cheat at the polls.
I don't necessarily mean to say that.
They're already cheating with Jeremy and Andrew.
No, I think your point was to just get more friendly faces in there.
Yes, exactly.
Get more friendly faces, even with stuff like, for example, if someone comes in and they're
like, I have my, or I don't have my mail in ballad, it's at my house, can I cast my vote
here or something?
It would be so easy for someone to just be like, what's your name?
Oh, no.
No, you can't.
Democrat. No. Yeah. Or or vice versa. I'm not saying
Democrats would do that. These are just if you're good, if
you're a good person, and you have the time, get in there, do
it. Get in there. volunteer. Yeah. Canvas knock on doors,
volunteer. Totally. All right. Right on. We'll keep, we'll keep
out of that home from now until 2020. So thank you all so
much. Please take care of yourselves.
Take care of each other.
I've been AG.
I've been Jordan Coburn.
I've been Mani Reader.
And this is Mullershi Road.
Mullershi Road is executive produced and directed by AG and Jordan Coburn
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