Jack - McCabe Exonerated
Episode Date: October 17, 2021This week: I have an update on Andy McCabe’s lawsuit; a little Matt Gaetz; a second Facebook whistleblower has come forward, some info on tom barrack; a Parnas and Fruman Show update; some news on t...he insurrection; plus some sabotage and the Fantasy Indictment League Follow AG and Dana on Twitter:Dr. Allison Gill https://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodWant to support the show and get it ad-free and early?https://dailybeans.supercast.tech/Orhttps://patreon.com/thedailybeanPromo Codes Scribd is the ultimate reading subscription service, letting you explore all of your interests, in any format you choose — ebooks, audiobooks, magazines, and more for only $9.99/month. Go to http://try.scribd.com/AG. Wild Alaskan Company seafood is how nature intended it to be. Always wild, never farmed or modified, and it contains no antibiotics. You can adjust, pause, or cancel your membership anytime. And they offer 100% satisfaction guaranteed or your money back. And right now you can get $15 off your first box of premium seafood when you visit http://WildAlaskanCompany.com/MSW. In just minutes you can get started with Wealthfront’s Classic portfolio, or you can make things custom with the investments you care about most. Get your first $5,000 managed for free at http://Wealthfront.com/MSW.
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Hey, it's Kimberly Host of The Start Me Up Podcast.
If you like your politics with some loose talk and salty language, you're going to love my show.
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Hey, it's Mariah and Steve Coho's of Swing Love's How We Win Podcast.
Two years ago, with your help, Democrats won the Tri-Fecta in Virginia.
The election to keep Virginia blue is on November 2nd, and actually early voting has already
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Hey all, this is Glenn Kirschner and you're listening to Mueller 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 Putin for?
I have nothing to do with Putin.
I've never spoken to him.
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 hairline. Like all members of the oldest profession, I'm a capitalist.
Hello and welcome to Muller She Wrote. I'm your host, Alison Gill, also known as AG.
A big show today. I have an update on Andy McCabe's lawsuit for you. I have a little
Matt Gaetz sprinkled in. A second Facebook whistleblower has come forward. Got some more
info on Tom Barrick. And of course the Parnas and Fruiman show. We have an update there.
We have some news on the insurrection. And of course some sabotage and the fantasy indictment league now
I want to take a minute also to thank our patrons patrons. You make this show possible
And we just opened up for the holidays patrons helping patrons
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We have a lot to get to. So let's jump in with just the facts.
All right, first up, the Justice Department has agreed to restore full law
enforcement benefits and provide some attorneys fees for former FBI deputy
director Andy McCabe, who was fired by the Trump administration only hours before his retirement three years ago,
he contested that he actually had met his requirements
for retirement in his lawsuit.
The settlement will resolve that lawsuit
who argued, McCabe argued that his ouster
was a result of a year's long public vendetta
driven by the former president.
And also technically, they did it wrong.
The Justice Department demoted and then dismissed him on the eve of his 50th birthday in March
of 2018 when the FBI annuity would have vested, quote,
I think the message that you get loud and clear from the terms of the settlement is that
this never should have happened.
That's what McCabe says.
It feels like complete vindication because that's what it is.
The agreement follows a scathing online campaign by the former guy to Tarnish McCabe, who
spent 21 years in service at the Bureau.
NPR says a day after the dismissal, Trump tweeted that it represented a great day for the
hardworking men and women of the FBI, a great day for democracy.
Earlier, Trump had pushed the Bureau to clean house and urged authorities to take action
against Andy before
his planned retirement.
He urged it publicly.
In his lawsuit, McCabe argued the firing violated his first amendment rights by punishing
him for the perceived affiliation with the Democratic Party and violated his fifth amendment
due process rights by leaving him with little time to review evidence against him and prepare
a defense in early 2018.
One of McCabe's attorneys at the time said a senior justice department official
told him the department was making things up
as it went along.
Correspondence among the FBI Justice Department
and Inspector General obtained
through the Freedom of Information Act
and other means suggested a race to get rid
of McCabe under pressure from the White House.
The settlement talks intensified.
Only after US District Judge Randy Moss
gave McCabe's lawyer a green light to seek documents
and testimony from former and current officials involved in the firing, including then Attorney
General Jeff Sessions, then Deputy Attorney General Rod Rosenstein, and FBI Director Christopher
Ray.
Trump had accused McCabe of conflicts of interest because McCabe's wife Jill McCabe ran
without success for a seat in the Virginia Senate and accepted contributions from the Democratic Party and the then Virginia
Governor Terry McCollough, a long time ally of the Clintons.
Andrew McCabe countered that he had run the arrangement past FBI lawyers and ethics officials
and he had documents to prove it.
Justice Department Inspector General Michael Horowitz later examined McCabe's conduct as part
of a broader review of FBI activities in 2016. And he concluded that McCabe lacked candor. When he spoke with investigators,
spoke with investigators about disclosures he authorized to the Wall Street Journal during the
heated presidential race. Prosecutors brought the matter to a federal grand jury in DC,
but McCabe was never charged with wrongdoing. McCabe said the Inspector General report was used
by senior justice department officials as pretext to fire him. McCabe opened the investigations into Trump after the then president fired,
then FBI director James Comey in the spring of 2017. Quote, the thing that concerns me going forward
is firing me 26 hours before my retirement sends an unbelievably chilling message to the rest
of the men and women of the FBI. That's what McCabe told NPR's morning edition two years ago.
He continued to say, it sends a message that if you stand up for what you think is right
and you do the right thing and you honor your obligations to this organization and the
Constitution, that you too could be personally targeted and lose those things that you've
been building toward your whole career.
The Justice Department did not admit wrongdoing or apologize to McCabe in the court filing
late Thursday, but one part of the document says the parties agree the executive branch
officials outside the Department of Justice and its components should not comment publicly
on ongoing career civil service employee disciplinary matters so as to create any appearance
of improper political influence.
I wonder if that pertains to me.
A settlement follows mediation between McCabe and the Justice Department this summer.
The deal will restore McCabe's full retirement package, purge his personnel file, saying
he's never been fired or anything about it, and allow for the return of his FBI badge,
and covers fees for his attorneys at Arnold and Porter Law firm.
His attorney, Murad Hussein, said, what happened to Andrew was a travesty, not just for him and his family, but the rule of law. And he's right.
You know, I mean, again, it goes toward that chilling effect that Andrew said that
we should be reporting these kinds of things and speaking out about them. He said
that the lawyer said they filed the lawsuit in part to take a stand for the rights
of all civil servants and that's exactly what this settlement does. And I'm going to be hopefully
quoting this in my litigation for my removal. Let me read to you from the settlement here. Here's
what he gets. A payment of a lump sum representing all retirement annuity payments, including annuity
supplement payments that he would have otherwise received from April 1, 2018 annuity commencement
date until the day before his paid first regular monthly payment, which would be computed in accordance with all relevant statutory and
regulatory provisions, and which will not deduct or withhold any amounts for benefits
not received, or for taxes not owed during that time period specified above, unless such
deductions and or withholdings are required by relevant statutory or regulatory provisions.
Also, prospectively from the date of his first regular monthly payment,
through the federal retirement system,
all periodic annuity payments, including supplemental payments,
consistent with his March 19, 2018 retirement date,
and see the ability to enroll in the BCBS standard option
self-informed family health insurance coverage,
which was waived because he was fired.
And that will take effect the first day of the month of his regular monthly annuity
payment after full execution of this agreement.
Indeed, the following additional benefits.
First, plaintiffs official FBI credentials badge and time and service award keys mounted
to the format typically provided to retiring FBI deputy directors and other senior executives.
Two, retired FBI credentials, as are typically provided to retiring FBI deputy directors and other senior executives. Two, retired FBI credentials.
As are typically provided to retiring FBI deputy directors
and all other senior executives.
And three, the identification card defined
in 18 U.S. code, section 926CD2A,
and finally, senior executive service cufflinks.
Awesome.
Defendants also agree to pay $539,348.15 to the plane of
pursuant to the equal access to justice act and in full settlement and
satisfaction of all attorneys fees costs and expenses. Payments shall be made
to plaintiff via electronic funds and transfer to Arnold and Porter K.
Scholar LLP etc etc. Yeah, pretty amazing. Congrats to our friend Andy.
And I'm sending all the love to you and your family, Jill and the kids.
So great, such good news.
And he has personally reached out to me and said he's extremely happy.
We'll be right, we'll be right back after this quick message.
We have a lot to get to, so stay with us.
Hey everybody, it's A.G.
Thanks for supporting this podcast.
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Alrighty, more headlines for you today. Sophie Zhang, a former Facebook data scientist
who went public with her criticisms of the company in April 2021, asked to hold CNN.
She's willing to testify before Congress.
Zhang also said on Twitter on Sunday that she had provided U.S. law enforcement agency,
one of them with detailed documentation regarding potential criminal violations at Facebook.
When asked by CNN, Zhang did not say which agency she gave the documents to, and FBI spokesperson
declined to comment.
Quote, if Congress wishes for me to testify, I will fulfill my civic duty as I've publicly stated for the past half year.
She said in a tweet on Monday that linked to her CNN interview.
Speaking to CNN, Zhang says she was encouraged by the apparent bipartisan support for action against
Facebook after Frances Hogan. Another Facebook whistleblower testified about children's
safety on Facebook and Instagram
in a congressional hearing on October 5.
Zhang was fired from Facebook in September 2020, but before she left she posted a 7800-word memo detailing how she believed the company allowed
authoritarian regimes around the world to manipulate its platform.
Quote, I have blood on my hands, she said in the memo, which was obtained by Buzzfeed.
Zhang wrote that she was officially being fired for poor performance. As well as posting the
memo internally, Zhang uploaded it to her personal website. In July, she told MIT Technology Review
that Facebook had issued a complaint to her hosting server and that her website was subsequently
taken offline. In a statement to insider, a Facebook spokesperson said,
quote, we've invested 13 billion in the safety and security of our platform.
And have 40,000 people who review content in 50 different languages working in
20 locations across the world to support our community. We have also taken down over
115 networks seeking to manipulate public debates since 2017, although they left
Trump's shit up before the insurrection. And they have originated in over 50
countries with the majority coming from our focused
Outside of the US from our focuses outside the US. I think our track record shows we crack down on abuse abroad with the same intensity that we apply in the US
Yeah, whatever
Zuck said last week that Hogan's characterization. That's the first whistleblower of the company was a false picture
Hmm that Hougan's characterization, that's the first whistleblower of the company, was a false picture. Big ears. And in Tom Barrack land, Barrack's defense attorneys have their work cut out for them,
given the breadth and specificity of the evidence. In that 45-page federal indictment,
we talked about a few weeks ago. Prosecutors alleged that Tom Barrack secretly took direction
from the government of the UAE and used his status as an informal advisor to the Trump White House on Middle East strategy
to push for the policies that Emirati officials told him to.
In a case that features a co-defendant who was working for the UAE's intelligence service
and sensitive subjects like the U.S. policy in the Middle East, experts say there are several
unusual paths the defense
could take.
Provided he just doesn't flip, right?
Let's see.
For example, if baroque lawyers try to argue the White House knew he was working on behalf
of the UAE, the conversations Barak had with US officials telling them whom he was working
for could actually contain classified material.
And in the event that they do, there's a chance Barrick's defense lawyers could resort to a legal defense tactic called greymail.
Now greymail happens when the defense threatens to expose classified government information during a course of a trial in the hopes of forcing the government to drop the case,
rather than risk the exposure of potentially damaging state secrets or agents or sources and methods.
Barrack's attorney did not respond to questions from CNBC about that particular strategy,
and since this was written, we know that Barrack has gotten rid of two of his high-powered trial
attorneys, and I have inside information rumors intelligence from what I would consider a pretty reliable
source that he is cooperating.
But again, not corroborated by any other media outlet.
Quote, it's absolutely possible that the defense will threaten to expose classified information
in order to prove Tom was in acting without anyone's knowledge.
That was a former top national security official who was granted anonymity to discuss how classified material is used. In order to prevent defense
attorneys and national security cases from deploying graymail, prosecutors typically
tailor their strategy to avoid making classified material relevant or necessary as part of their
defense. Tom Barrick, obviously a longtime ally of Donald Donald was charged alongside Al Malik, an Emirati national
with close ties to the royal family, and Matthew Grimes, a junior employee at Colony Capital,
which Tom Barich founded.
Grimes and Barich have pleaded not guilty.
Al Malik is still at large, but again, don't forget.
Don't forget, in last week's sabotage, Tom Barrick removed his high-powered trial lawyers.
Up next, an associate of Rudy Giuliani, who hobnobbed at events attended by then-president
Donald Trump, illegally funneled foreign funds from a Russian investor to American political
candidates to try to win their loyalty and earn favors.
And that's according to prosecutors who argued on the first day of Lev Parnas' trial.
Parnas and Cacushkin allegedly conspired
to transfer a million dollars from Andre Moravyev
to donate to candidates who could potentially
assist in getting licenses to run
legal recreational cannabis businesses.
Moravyev has not been charged so far.
Quote, this is what Secret Foreign Money
Infiltrating American American elections looks like.
That's assistant US attorney, Aline Floder.
She said that in her opening statement in court in Manhattan, district court, US district
court this week.
Floder argued that partisan Cushkin or well aware of US election laws that prohibited
straw donations from foreign sources.
She told jurors that text messages and email evidence will prove the pair purposely sought to hide the true source of the donations
and blatantly violated the law. Parnas also faces charges that he concealed the source of
$325,000 of a donation in March 2018 to America First Action, which is a Trump pack. He and his
business partner, Frueman, who previously pleaded guilty,
sorry, pled guilty, to soliciting foreign campaign contributions allegedly told the pack
that the funds were from their startup business, global energy producers, but the company was a
sham and generated no revenue. Parness also allegedly lied to the FEC about the hefty contribution
to the Republican fundraising committee, which prosecutors say amounted to another straw donation.
Large donations that were not really his own prosecutors alleged brought Parnas access
to events with political heavyweights, including a Mar-a-Lago fundraiser attended by Trump himself
around the 2018 midterms.
Parnas and Fruiman were arrested in dramatic fashion in October of 2019.
Happy two-year anniversary at Dulles International Airport when they had one-way tickets to
Frankfurt, Germany.
Their association with Giuliani, by the way, who's not charged in this case and is considered
ancillary figures in this particular case.
And their role in assisting his efforts to try to dig up dirt on Biden and his son Hunter
before the 2020 election played heavily in Trump's first impeachment trial.
It's also being investigated in the Southern District of New York separately and in the
Eastern District of New York.
Cukushkin's lawyer, Gerald Left Court, painted his client as someone who was totally uninterested
in politics and could not have been involved trying to skirt U.S. election laws because
he's never voted in his life and he has nothing to do with contributions.
The first witness, Wesley Carl Duncan, ran for Attorney General in 2018 in Nevada, where
Parnas and Cucushkin allegedly hoped to help launch a marijuana business there.
Duncan met Parnas during fundraising efforts by his campaign and testified that all donors
had to confirm that they were US citizens before submitting funding.
Duncan said, Frueman, in coordination with Parnoss, donated $10,000 to his campaign.
The max allowed.
And when Duncan's campaign staffers found out the source of the money was questionable,
they took action.
He said, as soon as we added out about who sent the money, I contacted the treasurer
of the campaign and had them write a check to Mr. Frueman and sent it back to them.
This trial continues, and we'll cover it again next week.
And I'll be right back with more news after this.
Stay with us.
Hey everybody, it's A.G. and this segment of Mollershi Road
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Everybody welcome back of all the headline writers in all the land.
I have to say Vanity Fair is the best.
Their latest piece is called Biden announces he'll be exposing Trump's traitorous ass.
And the story comes from best leaven at Vanity Fair.
She says as you've no doubt heard by now, Trump really really doesn't want people to find out exactly what he was up to on January 6, 2021, probably because it makes him look really,
really bad. We know he feels this way because he's responded to the House Select Committee's
investigation into the events of the day, like a caged feral pigeon, she says, frantically flapping
his wings, shitting everywhere, because his lawyer has instructed at least four of his lackeys to obstruct justice. And because he's insisted that any and all documents detailing what he was
doing before, during and after the Capitol attack, must remain under lock and key.
In a letter sent to the National Archives on Friday, a Trump wrote that the record sought by the
Committee contained information shielded by executive and other privileges,
including but not limited to the presidential communications, deliberative process, privilege, okay, and attorney client privileges. Yeah, right.
Adding that he would assert the same privilege in the case of any future requests.
Only as Donald Mayer may not know, he's no longer the president, and therefore has no executive
privilege to assert. Instead, there's a new president in the White House, and that guy,
says the documents are going to Congress twice now.
Here's from the Washington Post.
President Joe Biden rejected former President Trump's request to block documents from
a House committee investigating the January 6 attack on the Capitol.
That's what the White House said on Friday, likely setting up a legal and political battle.
Trump has claimed executive privilege in seeking to evade the committee's demands for details
about Trump and his AIDS activities during the January 6 attack.
But in the letter to the National Archives and records administration, the White House
said Biden determined that an assertion of executive privilege is not the best interest
of the United States.
He said, we reviewed your request.
Nah.
At a White House briefing, press secretary Jen Psaki said the Biden decision reflected the
gravity of the attack.
The president's dedicated to ensuring that something like that could never happen again, which Precorded by the President's
dedicated to ensuring
that something like that
could never happen again
which is why the
administration is
cooperating with ongoing
investigations.
The president has determined
that an assertion of executive
privilege is not warranted
for the first set of documents
from the Trump White House
and that have been
provided to us by the
National Archives.
She went on to say
the other day when
somebody asked her, you know, well, does an, Joe Biden afraid that this could hurt him set the wrong precedent
in the future. And she's like, we're pretty sure that Joe Biden is not going to incite
an attack on the Capitol or try to overthrow the government. But thanks for playing. That
was a great, socky bomb. Biden's decision came after Trump told four former advisors, according
to Politico, not to comply with congressional subpoenas.
Steve Bannon told the committee he won't be responding.
According to the post, former chief of staff, Mark Meadows and Cosh Patel National Security
aid former are said to be engaging with the committee because they don't want to go to jail.
And that's in the face of Trump's demands.
Quote, while Mr. Meadows and Mr. Patel are so far engaged with the select committee, Mr.
Bannon has indicated he will try to hide behind vague references to privileges of the former
president. And that's the committee's leader saying and is talking in a statement released
on last Friday. The committee added that it is considering holding Bannon in criminal
contempt. And since the publication of this article, they have started that procedure.
The vote will happen on Tuesday on the resolution and committee, and then the full house will vote on it,
and then if that passes, they will make the referrals.
And of course, Biden's decision triggers
at least a 30-day window for Trump to challenge
the call in court, but some say not so much.
I would encourage you to listen to Terry Cainfield's discussion
with me on the beans this past week.
And on Bannon, the criminal contempt thing is going forward.
And will they also use inherent contempt?
Many of the members of the committee have talked about inherent contempt.
And they are not mutually exclusive, according to Glenn Kirschner.
And we'll keep you posted on the beans.
And you might have heard through the grapevine that the statute of limitations on the stormy
Daniel Hush money payment scheme is about to expire.
Allow me to set your mind at ease
even if you go by strictly the first initial
crime in that scheme
that would that would expire October 29th. However payments were made to pay back Cohen who took out a mortgage on his house to make the
$130,000 payment those payments were made
falsifying business records
by saying that they were for legal fees.
And one of the latest checks is dated August 2017,
which would put the statute of limitations
into August of 2022 at least.
Because we know that the statute of limitations clock
doesn't start ticking until you stop
priming in that particular scheme at least.
Although for safety's sake, if I were there, if I were in the Southern District of New
York, and I was going to go through the process of reopening this case, which I honestly
don't think that they will, but if I was gonna, I would file an indictment under seal
before October 29th this month, just in case.
I wouldn't have to make that argument in court.
All right, stick around for sabotage in the fantasy indictment league right after this.
Stay with us.
Hey, everybody, it's AG and this portion of Mueller she wrote is brought to you by Wealthfront.
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All right, everybody, welcome back. You ready for some sabotage? [♪ OUTRO MUSIC PLAYING [♪
On Wednesday, business insider reported that friends of Matt Gaetz are wary of texting him
and careful of what they say when they do, because they assume FBI agents are monitoring
all of his communications.
Quote, Matt Gaetz's friends think twice these days
before texting the Florida Republican congressman.
That's Robin Brevender at Business Insider.
Quote, they know there's a massive investigation going on
and that's one Gaetz friend talking to Insider.
That makes people hesitant to reach out.
That's another of Gaetz friends agreed,
saying it's a natural sort of reaction.
No one wants to inject themselves in anything
while there's 16 dozen people looking into everything that comes into that phone.
Gates has been caught up in a federal investigation as we know into underage sex trafficking with his former associate Florida County Tax Official Joel Greenberg cooperating with the Justice Department. His sentencing has been pushed back again to March of 2022.
Gates for, you know, ally of the former guy, denies any criminal
activity, and there's not currently any indication the prosecutors are seeking an indictment
against him, but that doesn't stop those in his orbit from speculating. Quote Gates'
former classmates at William and Mary recently received a save the date for their 15-year
reunion next April, some jokes that Gates might attend with federal agents. His former
law school classmates are anticipating his indictment," said one of his ex-classmates.
For now, Florida Politicos, Washington Republicans, and others who know Gates say they're
waiting to see what's next in the legal drama, even though the headlines have died down.
Everyone's kind of sitting back with popcorn, said one Republican source who worked with Gates and Florida.
Also in sabotage, we're coming to the end of the six month special grand jury convened by the Matt and Hatton District Attorney, Man, I can talk, convened
by the Manhattan District Attorney, Sy Vance. There's about a month left. Vance said he
would make charging a charging decision before he leaves office at the end of the year. He's
retiring. I'm not sure if he'll file to extend the grand jury another month or so, but
I and other experts believe more indictments will be coming. Weiselberg's attorney even
said as much in open court recently.
We're expecting superseding indictments.
So with that, it's time for the fantasy indictment league.
I'm gonna be a indictment!
No, it is gonna be okay.
I'm gonna be a indictment!
I'm gonna be a indictment!
A indictment!
I'm gonna be a indictment!
Hold it!
They can't.
It's gonna be okay.
Just calm down.
I can't calm down.
I'm gonna be a indictment!
All right, I'm gonna go with the superseding Trump org,
superseding Weiselberg, and then in that same vein,
a Kalamari official plea deal,
and Kalamari senior, by the way,
and a Makani official plea deal.
We know he's been cooperating,
but I haven't seen an official plea deal.
I'd also like to add this week,
Eric, Jr. Trump, Donald, and Ivanka.
And then of course, over down in Florida, we're going to go Gates, Jacob Engels, and Ingersaw,
which is 10.
I'm out, but I'm going to drag, I'm going to just go ahead and draft Rudy as an alternate
and put him on the bench as well as face melts off.
All right, that's our show.
I hope to see you next week.
Please check out the MSW book club and the Bean, subscribe, rate us if you like us.
Until then, I've been Allison Gill, and this is Mullershy Road.
Mullershy Road is written and produced by Allison Gill in partnership with MSW Media.
Sound designed and engineering, or by Molly Hockey.
Jesse Egan is our copywriter and our art and web designer by Joa Reader at Moxie Design Studios.
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