Jack - Poop Jokes and Justice (feat. Glenn Kirschner)

Episode Date: March 2, 2020

This week on Mueller, She Wrote, we're talking about Khawaja, the Justice Department, Coronavirus and more! Please make sure to subscribe to our sister show The Daily Beans wherever you listen to podc...asts!

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Starting point is 00:00:00 I'm Greg Oliar. Four years ago, I stopped writing novels to report on the crimes of Donald Trump and his associates. In 2018, I wrote a best-selling book about it, Dirty Rubles. In 2019, I launched Proveil, a biweekly column about Trump and Putin, spies and mobsters, and so many traders! Trump may be gone, but the damage he wrought will take years to fully understand. Join me, and a revolving crew of contributors and guests as we try to make sense of it all. This is Preveil. Thanks to Worthy for supporting Mueller She Wrote,
Starting point is 00:00:31 Worthy believes you deserve an easier way to sell your valuable jewelry. Go to Worthy.com slash AG to get started. That's Worthy.com slash AG. And thanks to the Awful Neutral Podcast. Listen to seven comics, including myself, AG, as we play multiple role-playing games, including D&D, Call of Cthulhu, and Kids on Bikes, and RPG based on Stranger Things.
Starting point is 00:00:50 Search for Awful Neutral, wherever you get your podcasts, and subscribe today. This is Seth Abramson. I'm the author of Proof of Collusion, and you're listening to Mueller 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.
Starting point is 00:01:18 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 not have communications with the Russians. What do I have to get involved with Putin for having nothing to do with Putin? I've never spoken to him. I don't know anything about a mother
Starting point is 00:01:35 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 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 Mollershi Road.
Starting point is 00:01:59 I'm your anonymous host, A.G. and with me today are Jordan Coburn. Hello. And Amanda Reader. Hello. We have a big show today. We're right in the middle. We're right in between South Carolina and Super Tuesday in the 2020 Democratic primary.
Starting point is 00:02:12 We have a lot going on with the House Judiciary Sabina of Trump's former White House Council, Don McGahn. And I'll be speaking with someone who worked as a prosecutor for 30 years in the US Attorney's Office in DC, named Glenn Kirschner. We've had him on the show before, you won't want to miss that, and that's coming up at the interview
Starting point is 00:02:29 in the last block of the show. So how are you guys? Good, ladies, women. Yes, thank you. Yes. Yeah, good. Mm-hmm. I did a weekend at Grand Comedy Club
Starting point is 00:02:39 at the New Spot in Escondito, that's really fun. And Chris Cope was featuring who was on our show. Yeah, and he texted me too. He's like, Jordan's hosting. I was like, oh, I thought it was, I couldn't remember the other headliner you had told me about. Brother was on the greener.
Starting point is 00:02:53 That was you, cool. Yeah, No Maronzi events was headlining, but yeah, it was funny, because Chris was like, hey, how's it going? Good to meet you. I'm like, oh, we've actually met before. And he was like, oh, when?
Starting point is 00:03:02 And then I said some other show. And I completely forgot it was from the podcast that we also know each other. And then he was like, yeah, we've actually met before. And he's like, oh, when? And then I said some other show. And I completely forgot. It was from the podcast that we also know each other. And then he was like, yeah, you know what? And I'm like, who? And he goes, you're a real guy. Oh. Oh. I lost that right there.
Starting point is 00:03:14 And I'm like, oh, oh, yeah. I'm on the podcast with her. And he goes, oh, that's how I know your voice. And I was like, oh, yeah, shit. I forgot. You were on the podcast before. On it. Yeah. So that's fun. Yeah, that's fun.
Starting point is 00:03:25 Yeah, those are fun shows. What did you do this weekend? I actually cared for my sick wifey and helped a friend move. So busy. Yeah. Nice. Is she okay?
Starting point is 00:03:39 Yeah, she was so sick last week. Yeah, and she was saying that when she was out, a few times she was out in public when she would cough or sneeze or something, people would just like jump backwards from her. Oh yeah. Yeah. Yeah. It's scary. I was just before we got on air, I was saying I went to Target to get hand sanitizer. They're completely out. And the cashier was like in every other target is also out. Yeah, within like a hundred miles. Um, we will get in talking about coronavirus a little bit just so you know, so open water works better than hand sanitizer although hand sanitizer is good. How many?
Starting point is 00:04:08 And the masks Don't really prevent it Those are more for providers But like I've always that if there were no why wouldn't I that's what I think to I don't really understand that well It's kind of just like In consistent logic it seems right the way that I'm hearing it. But I have heard that it's better for people that already have it,
Starting point is 00:04:28 because then it mitigates how many of your germs are just like spewing out. Yeah, germs bew. You have firehose of germs. Cobraflin. Cobraflin. Just like whenever they do that throw up stuff on Saturday Night Live.
Starting point is 00:04:43 Yes, and Project Island. Or a team America world police. Yeah, exactly. And that's day away from that. Yeah. I had a pretty good weekend. I got to hang out with a friend of mine who hadn't seen forever from Long Beach and then went to a podcast meetup.
Starting point is 00:05:00 That's right. At Tivoli last night ran into the guys and ladies from So Say We All. Oh, cool. Specifically. Yeah, Justin and Jennifer. And apparently my episode of Incoming is going to air this season on KPBS, so that's really really neat. Oh, I love them.
Starting point is 00:05:17 They're so. So say, we go ahead. No, I'm just going to say Justin and Jennifer, they're like the homies. Yes. Ryan, Ryan, you still live with them. Yep. Yeah. So I basically you still live with them. Yep. Yeah. So I basically still live with them. Yeah.
Starting point is 00:05:27 Yeah. It's a really cool storytelling organization. It's Indiego. Yep. And they have a great veterans writing group as well. All right. Well, we have a lot of news to get to, but first let's get into some corrections. It's time to stay.
Starting point is 00:05:39 It's time for me to say I'm sorry. Oh. I made a mistake. Oh. All right, so today, corrections brought to you by Amanda Reader. Woohoo. All right, so this is from NTO. And it says, the three of you airing your differences about burning in the establishment
Starting point is 00:06:02 media was absolutely essential listening. The three of you gals embody quite a bit of the current zeitgeist at the Democratic Party, and you handle it with grace, humor, and consideration as always. Thank you. Thank you. I know.
Starting point is 00:06:14 So rude. So rude. I know. And I got. So he says, it wasn't on Bernie to announce that he was briefed about Russian interference. A number of reports note this information was classified classified and the knee links to an MSNBC video.
Starting point is 00:06:29 And someone leaked it with very convenient timing right before Nevada. Bernie was upset at the Washington Post, but one has to wonder if Trump or his sympathizers didn't leak it right before Nevada to try and hurt him. Though we don't really know the specifics. As AG said, no one has the receipts on this. Yeah, considering Trump actually wants Bernie. Yeah. Like he's, you know, I don't know that that would have been the case that Trump would have done it.
Starting point is 00:06:49 Yeah, totally. Also, side note, the daily did a great episode on this with Bernie. Cool. Yeah, I was thinking about that. And then he says, by the way, Oprah's recommendation, 100% deserved. Thank you. This is from Amanda Delov. AG is super smart and organized.
Starting point is 00:07:01 Jordan is kind of impatient and Amanda is a breath of fresh Canadian air. That's what the fresh Canadian air is super smart and organized. Jordan is kind of patient and Amanda is a breath of fresh Canadian air. That's what the fresh Canadian air. Kind of impatient. Jordan is kind of impatient. I'm like that is the opposite. I am an incredibly impatient actually. The opposite of Wolfshirt. I'm sure we're going to get also more emails about this correction because we're talking about controversial subjects.
Starting point is 00:07:21 But anyway, in the episode Ginger Block Party, after talking about Warren versus Sanders and PAC money, you should know that after 2016, Bernie converted his campaign into the R-revolution PAC and has been accepting dark money contributions since then. It's unfair to the Warren campaign to make it sound like she is doing something Sanders hasn't been doing this whole time. Common cause actually felt a complaint with the FEC in January about R-revolution. Much of Sanders' senior staff used to work for R for our revolution. I love them both, but it is unfair to list to pretend Sanders is totally clean here. You keep me saying these trying times. Interesting.
Starting point is 00:07:51 I'll do more research on that. I didn't know that I was a pack of research. Yes, definitely, because I had heard that it's operating similarly to a pack, but not that it's actually a pack that gets all the protections of a pack per se. Yeah, but I mean, if you can make dark money donations, which I don't, I haven't verified it. I haven't verified that either, but I would like to very much so. Absolutely.
Starting point is 00:08:10 So yeah, I don't think it would change anybody's mind. Yeah, I think the pack, I'd like to know more about it though. Yeah, that just seems to be like, it was such a strong talking point for him for the last like decade at this point, plus, you know, so I think that's why people are latching on to it a lot, but there's people that have your opinion AG, which I think is totally fair, which is like, take the money. These are the rules that exist, take the money and especially with Bloomberg entering their ways. I normally wouldn't be a take the money person. I was not in 2016, but we didn't have a blue umbrella.
Starting point is 00:08:39 The rules have changed a little. Yeah, yeah. So yeah, thank you for those, both of those corrections and here's an excellent From anonymous you guys are generally pretty fair the dem candidates however You fell for the narrative that presents Pete Buttigieg comments about taking a pill not to be gay completely out of context He's relating to the incredibly common experience of a young gay struggling with this part of himself a struggle He says he's now long past please watch the video where he talks about this in his entirety rather than just the short clip. I did say that. I think I covered, like I understand the intention behind that statement. It was just, you know, why they had to like pan over to Chastin's face right afterwards. But yeah, point taken. Totally. Yeah, it definitely needs to be put in context because
Starting point is 00:09:28 Yeah, definitely needs to be put in context because every like most gay people I know have said that very thing and not to Put down or belittle their current spouse or their current S.O. or any current sort of relationship configuration there in it It's more to say it's hard. Mm-hmm totally. Yeah Unfortunately that sound bite sucks Yeah, I was curious. As soon actually I think it was Ryan who was watching it. Also for the Ryan is it my best friend, my boyfriend turned best friend. So you'll hear me say his name. Conscious and coupling.
Starting point is 00:09:56 Conscious and coupling. Yes. No one fucking cares. Anyway. But yeah, right. To head up any emails we'll get that say, no, what do you fucking care? Yes, yeah. Ryan was watching that clip and his first thought was, I wonder if he was talking about how
Starting point is 00:10:11 he felt when he was younger and it sounds, I didn't watch the full clip either today. It sounds like that's what they're saying. Yeah, that, like, that was the context. Yeah, yeah, yeah. And I guess we should have hit on that. Yeah, yeah, and I guess we should have hit on that Yeah, totally Alrighty, um, just just a couple more here. Um, we got we got so many it was hard to cut them down Oh, for Madeline long time listener, love listening to women at work additional context for the whole Pense Indiana HIV nightmare It wasn't just that there was a huge HIV flare up. It was directly caused by Pense Defending Planned Parenthood
Starting point is 00:10:39 Her folks get regularly tested for STI's HIV and also refusing to allow for clean needle exchanges. It was a manufactured crisis long before the orange baby made them his thing. From Tom C., as possibly your only libertarian listener, Curie Sivese is actually the only one. You may have been too hard on Justin Amash for his HR 35 vote. In this Twitter thread, he explains that lynching is already a federal hate crime and that the law actually increases the chance that people could see the death penalty to him and me, the government shouldn't be putting people to death. So voting against the bills, actually him voting against expanding the death penalty.
Starting point is 00:11:14 That is the opposite of my understanding of what Justin Amash had explained. Justin Amash, it's not a federal crime. The bill was to make it a federal crime and to expand it to be a hate crime. And that would take away the death penalty. Yeah. So states do the death penalty. So I'm not sure about that. Yeah.
Starting point is 00:11:33 He links to it to put a thread and check it out. Yeah, we'll check it out. Definitely check it out. He says, thanks. Go ahead. I just want to say we should do a libertarian call out. If there's other libertarians on Twitter, you should find one another. Yeah, listen to our podcast. He says, thanks for being so open to information and working
Starting point is 00:11:49 to understand other people's views. Thank you. Yeah, you're listening to the most probably liberal group of gagging women that exist on air. All right, we are the new focus, focus. This is the last one. This is from Maddie Houseman. Love your shows. Listen to them when I walk my dog, Blizzard. Ooh. Oh, what is it?
Starting point is 00:12:11 Amazing. I don't know a dog named Blizzard. It's a great name for a dog. I consider myself really well informed on news and politics and you still manage to find stories I haven't heard. You mentioned Devin Nunes' attorney, Steven Bis, in your story on his dismissed fusion GPS lawsuit. You said Biss was a Republican on the House Intelligence Committee with Nunes. Yeah, that's wrong.
Starting point is 00:12:30 Right. He's actually not. He's a terrible lawyer in Charlottesville, Virginia. Yeah. No connection with the federal government at all or any government. He's also been suspected twice and recommended once. He represents a lot of Republicans come. Great.
Starting point is 00:12:41 The Twitter. The Twitter. The Twitter. Not as famous. Yeah. The Twitter account at lawsuit's dev in tweets about Nunez and Biss. That's how I know. Nice. And that's it. That is so sad. That is our actions have warranted an entire Twitter account. I can sustain itself-onitionant against alone. God. Pat. At Nunez lawsuits? It's at lawsuits devin. At lawsuits devin.
Starting point is 00:13:08 Well, that was all off. Okay. At lawsuits devin. I'm gonna follow that. Yeah, I'm gonna follow that too. Awesome. All right, well thank you for the corrections. If you have a correction, visit us at mullershirope.com.
Starting point is 00:13:20 Click contact, select corrections. And build us a compliment, Sammy. We'll get it right eventually We do have a ton of news to get to so let's jump in with just the facts All right, so South Carolina primary happened yesterday and Biden got 48.8% with Sanders coming in 1999 crushed he crushed
Starting point is 00:13:39 It is a massive win for Biden and he needed it because if he didn't get it He might not be able to go forward. Yeah. The question now is what will give him a, will it give him enough momentum? And here's how goofy Joe Biden is. He's calling it Joe Mo, Joe momentum instead of Mojo. But that's the question. He'll be able, will he be able to overcome the massive grassroots movement of the Sanders campaign? We talk more about, and I'm, I, please don't think I'm just saying that they're the only two viable candidates right now. I am not saying that.
Starting point is 00:14:11 We talk more about campaign strategy and what the Biden campaign and how the Sanders campaign are preparing along with Warren Buttigieg, why Tulsi hasn't dropped out yet, stire dropping out. We talk about all that in our daily beans podcast that comes out first thing Monday morning or tonight if you're a patron. So check that out. We go way way more in-depth in the 2020 election in the daily beans. And that comes out every morning. So, and it's it's a great commuter podcast still swearing. And they might be giants does the music. So you know it's good. Biden Sanders were the only two candidates to walk away with any delegates.
Starting point is 00:14:44 Biden captured 33 He had 14 immediately just from entrance polling. They awarded him 14 delegates and he ended up with 33 at the end of the night Bernie got 11 That's honestly more than I thought he was gonna walk away with at the start of it when the polls first started rolling And I was like oh my god. He might not even get any who Bernie. Yeah. Yeah, well 71% of the registered Democrat Democratic voters in that state are over 45 years old. So, um, and, sorry, I'm so sorry. No, go ahead. Did you see? We'll talk about the San Diego means more I know too,
Starting point is 00:15:12 but really quick. Did you see how many Democrats there identify as conservative? Yeah. A quite a few. I was like, it's like 10% or 11% yeah. Wow, that is. And then also there were like, There was 11% of the... Yeah, I love her so, yeah. It's like, wow, that is... And then also there were like Biden, like the very liberal ones who identify as very liberal went for Biden too. And so you have to wonder though what a very liberal Democrat looks like in South Carolina versus a very liberal Democrat in New York City.
Starting point is 00:15:38 Or California. Right. I didn't want to pull ourselves into this. Steyer came in third, but he dropped out. That's so weird to me. We've dropped out of the race, followed by Buddha Judge in fourth, Warren was in fifth and Tulsi pulled up the rear in sixth,
Starting point is 00:15:52 all with less than 10% of the vote. Pulled up the rear. And none of them got any delegates. After South Carolina, that puts the total delegate count at Bernie in the lead with 57, Biden with 53. Just like that. Yeah. Buddha Judge with 26 Biden with 53 just like that. Yeah. Booted judge with 26. That's less than half fewer than half. Excuse me. That Biden has worn with eight in Klobuchar with seven. Wow. And I'm not, I don't
Starting point is 00:16:14 care about Tulsi. Um, soup. I actually, she wasn't listed in this report. So I don't think she has any. I think maybe she's got one. No, she doesn't have any. I don't think she has any. I did correct us if we're wrong. And of course, Super Tuesday is coming up this week. They have Alabama, Arkansas, California, Colorado, Democrats abroad, main Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah, Vermont, and Virginia. And I think American somehow is doing a caucus in there. I feel like I'm back in fifth grade, and that's like the state song that Rouge Louisiana
Starting point is 00:16:45 Columbus is the capital of Ohio. That's Montgomery. I love my myself. I've had them in Montana. Then the Colorado and boys the Idaho. I can do the whole song. The Canadian is just blankly staring. Yeah, I hope they taught you that song in a British accent as well. That's from the Animaniac. Oh, that's a great one then. I learned that in the last 20. Oh, that's a great one then. I didn't learn that until I was 20. Oh, I genuinely thought that was something that you learned at school. No, it was on the Animaniacs and I was like,
Starting point is 00:17:13 I gotta learn that. And I also learned the countries of the world. There are many. But you were singing that when you were in grades. Oh, no, you are. I'm actually a Pokemon. I'm a Hedija Maker Peru, Republic Dominican, Cuba Caribbean, Greenland, El Salvador,
Starting point is 00:17:22 two Puerto Rico, Colombia, Venezuela, Honduras, Guyana, and so on. Guatemala, Bolivia, then Argentina, and Ecuador, Chile, Brazil. Costa Rica, but at least, look at the Bahamas. I can go. I can go.
Starting point is 00:17:34 But yes, they're a big fan of the theater here in the US in K-12. Or cartoons. Yes. Super Tuesday accounts for just over a third of all delegates that'll be awarded in the primaries. 33.4%. Sorry, what was that? How many it accounts for one third? Did you say just over a third? 33.4% of all delegates awarded in the contest. I think the thing is, though, considering the lack of unity currently in the party, I think not just super Tuesday is going to count. Every fucking state is going to count. Right, which poses an interesting question for when do people actually start dropping out?
Starting point is 00:18:08 Because you have Warren and, you know, Klobuchar that might be sitting here thinking, I could have a Biden. I could have a Biden night. Yeah. Mm-hmm. But there, I do have a very particular story from inside the Biden campaign about Klobuchar and Warren. We're going to go over that in the daily beans. Again, so check out the daily beans where ever get your podcasts. Again, so check out the daily beans where we get your podcasts again, comes out every morning early, it's perfect for you, commute, and they might be giants, does the music.
Starting point is 00:18:31 They perform the theme for the daily show, just so you know, so cool. And Malcolm in the middle. So cool, they wanna name me for that. I know way too much about they might be giants, but that's not possible because they're awesome. Also this week, we got a lot of news on coronavirus, along with a lot of disinformation from the Trump campaign.
Starting point is 00:18:47 In a rare press conference, rare because they don't hold press conferences. I don't think they've had an official one since the Huckabee's left. But in a rare conference, held in the White House briefing room, Trump named Pence, and the co-heat named Pence, the COVID-19 czar, who then walked up, wiped his nose,
Starting point is 00:19:03 and then shook hands with everybody. I'm not kidding. He then told us he is the best disease man because there was a case of MERS one time in Indiana when he was governor. And in a subsequent briefing, which we'll talk about in a second, he actually bragged about his handling of the HIV crisis in Indiana in 2015.
Starting point is 00:19:18 The one where his official mitigation strategy was prayer. Hopefully since coronavirus disproportionately affects older people, he'll have some amount of compassion for this moving forward that he didn't have for HIV. May have. But I think he's literally 27 years old and just has that gray hair. Trump went on to name Steve Mnuchin and Larry Cudlow as other chief enforcers and then put Stephen Miller's new wife in charge of communications.
Starting point is 00:19:42 New wife! And forced an edict that any and all statements about the outbreak would have to go through the vice president's office. At a rally this week, Trump called the outbreak a democratic hoax. Sorry, he said a Democrat hoax around that time. Mariam Webster online tweeted that the word hoax
Starting point is 00:19:59 was trending as the most looked up word. So it seems Trump supporters were finally compelled to find out what the word hoax means. I guess they couldn't be bothered during the Russia hoax or the impeachment hoax. The next day, Trump held another press conference in which he lied about the number of cases in the US saying there were 22 when there were at the time actually 68. He then told us about the first death from coronavirus in the US that occurred in Washington State, said it was a woman. He was incorrect. It was in fact a man. Pence got up and talked about his amazing handling of the HIV epidemic in his state.
Starting point is 00:20:30 I was talking to you about that before. The doctors got up and assured the American people they had not been muzzled right after they said a bunch of nice things about dear leader. Trump was asked if he still thinks it's a hoax now that someone had died and he lied again and said he didn't say the coronavirus was a hoax. He said something ambiguous like the Democrats are a hoax or something. I'm trying to throw that in there unrelated or something. I couldn't even figure out what he was trying to do.
Starting point is 00:20:54 He's too stupid to nail down sometimes. The entire thing was just a Trump ask his encloser fuck that probably left more Americans uncertain and worried than anything else. Trump also banned travel from South Korea, Iran, and Italy. Jordan has been covering the coronavirus story along with news from the CDC and the World Health Organization on the Daily Bean. So listen there for daily updates as we try to cobble together
Starting point is 00:21:15 as much actual information about what's happening as we can. And the last time we were together, we had gotten the Roger Stone sentencing. And we have found out that the judge, Amy Berman Jackson, was still considering the motion for retrial and that Stone filed a motion to have Jackson removed as the judge because she praised the integrity of the jury. The basis for Stone's retrial motion is that the jury, specifically the four person, was biased against Trump and Roger Stone.
Starting point is 00:21:43 That's actually the last time we were together. And so much has happened since then in the Stone case. By the way, if you're Donald Trump saying that no trial is fair if anyone that participates hates you is a good strategy since you can't throw a stone in DC or New York without hitting 762 people that hate you. Or at least know you're a criminal in a lawyer. Trump even took his attacks from the juror to Judge Jackson, and then to the justices, Ruth Bader Ginsburg and Sonia Sotomayor saying they have to recuse themselves from all Trump cases because they're biased against him. So that's everyone hates me.
Starting point is 00:22:17 Yeah, we do. And that doesn't affect them. So shut up. In any case, Berman Jackson denied Stone's motion to have her removed as the judge, saying the motion was nothing more than a publicity stunt to get the words judge and biased into a court filing that Trump would probably jerk off to later. So she tossed that. She didn't say that last purpose. She said the first part, right? Yeah, she did. Yeah, she did. That would be amazing if she just threw the jerk out of the jerk out of the jerk. She's that way.
Starting point is 00:22:45 That'd be like, dude, I'm voting for you, and then you don't vote for judges. So, not better one. So, she tossed that motion, and then she held hearings on the retrial motion, a caffee in one day, about the jurors, even though she ruled she didn't need to. So, she's going above and beyond, right? She questioned three jurors, the first two assured the court and assured the judge that the four person was not biased, that she was voted for as the four person by secret ballot, and in fact, she was the only one that delayed deliberations to ask
Starting point is 00:23:12 a question about the evidence, and that they all would have come back with a guilty verdict much faster had she not tempered the proceedings with her, you know, thoughtful deliberation. Judge Jackson then questioned the four person who said she was not biased in the case. She shut down her social media for most of the trial and she did not recall posting any specific anti-trembar, anti-stone articles during the trial. Stone's lawyer also got a chance to question her and she said the same things. The judge did not rule that day. She still is not ruled.
Starting point is 00:23:41 She insinuated in earlier proceedings. I'm talking about the sentencing hearing that she wanted to respond to the retrial motion in writing. So I'm sure she's hard at work on that and we will get a thoughtful and probably intense work product from her soon. My beans are on her denying the motion. I guess she said she shut off her social media as if Roger Stone is relevant enough at all. I'm being crazy people, social media feeds. Yeah, and Roger Stone is back and forth on this too. Like sometimes we'll be like, I'm not important enough for a gag order. And then other times he's like, I'm the most important
Starting point is 00:24:11 thing. And it's just like, yeah, I guess I'm more talking about organic talk. Whereas he's specifically putting things out about his stupid fucking book or to attack the judge. Yep. Yep. So that was interesting, all that Roger Stone stuff. Happened this week. And I'm sure by the next time we talk on Mullershey Road, we'll have a decision on the retrial motion. So we'll be right back with today's hot notes,
Starting point is 00:24:39 sabotage and fantasy indictment leaks, so stay with us. Hey, everybody, it's A.G. and this episode of Mullershey Road is brought to you by Worthy. I'm a big proponent of selling your engagement ring if your relationship ends. and the fantasy indictment leaks, so stay with us. finger or in your jewelry box. Or it believes you deserve an easier way to sell your valuable jewelry. You just schedule a free secure pickup fully insured by Lloyds of London and tracked by FedEx. Worthy does all the work for you and you get a total peace of mind. Expert gemologists from GIA prepare your jewelry for auction. You're in control at every step. You choose what price to accept even after you send in your jewelry. So you can watch the offers
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Starting point is 00:26:18 Yeah, just ahead of the segment is not going to be very funny because the story is really awful. The Justice Department has created an official office whose purpose is to denaturalize immigrants. They said the purpose of the office is, quote, to bring justice to terrorists, war criminals, sex offenders, and other fraudsters." And quote, so amazing to me because that description literally describes the white-collar criminals that effectively run this country currently. And this is just a blatant example I think of scapegoating and creating a distraction or a look over here, pebble as we've called it.
Starting point is 00:26:48 Trying to stir up anger and aggression towards the wrong group of people, all while the real source of the chaos is the group saying that they're the ones protecting you. They're the fucking war criminals, they're the sex offenders, they're especially the fraudsters, and this is just bullshit.
Starting point is 00:27:05 Joseph Hunt, he's the head of the DOJ Civil Division, said, The De-Naturalization Section will further the department's efforts to pursue those who unlawfully obtain citizenship status and ensure that they are held accountable for their fraudulent conduct. Again, all this while the ones at the top of this department keep crime, keep covering up for the president, and keep ensuring that he, a natural born citizen and by his claims of true patriot, gets to do whatever the fuck he wants all the time. Some lawyers in the Justice Department are also afraid that this office is going to be
Starting point is 00:27:35 wrongfully used against naturalized immigrants who have not committed any crimes, just like our current system is used against our own citizens, mostly people of color, see a pattern. Like I'm obviously not saying that people who are actually guilty of terrorism, like actual terrorism or sexual predators shouldn't be brought to justice on principle, but Trump is putting on a giant target on their backs, on the backs of black and brown people, who he's successfully used to weaponize racism that his base just eats up. They love that shit, and it's disgusting. He's casting such a big net over migrants regardless of whether or not they
Starting point is 00:28:12 actually committed crimes. In fact, I think part of him doing this and casting this wide net is to intentionally catch folks up in it that shouldn't have ever been entangled in the first place. And, you know, under Obama, he also pursued denaturalizations, but also targeted people that lied on their applications or committed other crimes, but denaturalizations have gone up so much under Trump, it's not even comparable. There's been 228 denaturalization cases
Starting point is 00:28:41 that the DOJ filed since 2008, and 40% of those have been filed since 2017. Wow. Yeah. So it's like for people that, you know, including Trump want to say, well, Obama did this. Not at this scale. Not putting all these resources behind it like this. Now, did you read, um, there were just this, this is breaking. So I don't know. I haven't read the entire decision yet, but Ken Kuchinelli, a federal judge, has determined that he was installed illegally under the vacancies act. And that his decisions on asylum seekers must be voided. That'll be appealed. Yeah. Just for future reference, every win, every court win that I put up on Twitter can be appealed
Starting point is 00:29:28 and probably will be. There can be a stay put on it and there probably will be despite Judge Sotomayor saying it's being abused. Yeah. So, I didn't realize that that's how stays kind of worked sometimes is the administration essentially comes to you and like asks for it basically. Yeah, the file emotion. Yeah, and I guess, yeah, I mean, I guess when you say file asks for it basically. The other file emotion. Yeah.
Starting point is 00:29:45 And I guess, yeah, I mean, I guess when you say file emotion, it's like that happens all the time. But to think that it's coming, it didn't used to happen all the time, right? There were those motions weren't filed all the time. Well, no president's been doing all this shit so much. Yeah. And I think the problem here is that a judge might, we'll probably see it when a president files requests for a stay denying it could be perceived
Starting point is 00:30:06 as political. Definitely. And could also make it so that their appeals could win. So I think they're doing it in, you know, with an abundance of caution because this is the Trump administration. Just like when they were open to Russian investigation and they made sure every single step was taken properly when they were investigating Trump and even even Trump's IG couldn't find anything wrong with the opening of the Russian investigation because they had to be very careful. It's the president. I think that might add to it. And, you know, Mulvaney has even said, when he did that speech at the Oxford Union recently, we actually need more immigrants. And he actually said that to a group of conservative folks.
Starting point is 00:30:50 I think I said this a couple of years ago, when Trump first started with his attack on legal and illegal immigration, that this country is a business. And if you can't keep the front doors locked. You need customers. And I'm not trying to diminish human beings into customers, but the immigrants, not only do they bring incredible diversity and talent and amazingness to our country, it's the fabric of our nation,
Starting point is 00:31:20 but they also generate revenue, not just for the federal government by way of taxes, but in our economy, billions. So it's important. And I think that's what Mulvaney was sort of recognizing when he said those words. It's just why would you? Right. And it establishes cultural ties between us and places across the globe, even if these
Starting point is 00:31:43 folks are coming here fleeing violence, which is awful, that doesn't mean that the entire culture of the place that they're fleeing is devoid of any value. They come here and it's a beautiful thing for fucking whites and other, and it's not just white people here obviously, but you know what I mean? Just like super western bubbly thinking to be pierced. It'll be like there's other
Starting point is 00:32:06 shit. There's other beautiful shit out there and it gives you a sense of being a global citizen. Yes. And it's so important. And it's the exact opposite of the isolationism that Trump wants to you know, perpetuate. Yes, perpetuate and capitalize off of. Yep. Yep. All right. Well, thank you for that reporting. I'm interested to see what happens with the kitchen. Ellie case too. Yeah, that is very interesting And we finally got a decision from the DC circuit court of appeals in the house judiciary's subpoena former white house counsel Don McGann I think in a previous episode. I said it was the house oversight committee. It's the house judiciary um
Starting point is 00:32:42 In a two actually that might be in the interview later with Glenn Kirschner. So just don't need a correction on that. It's the house judiciary. I know it. In a two to one decision, the judges dismissed the case with Judge Griffith, a Bush appointee, writing on behalf of the court, quote, the Department of Justice on behalf of McGahn responds that Article three of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss the case. And I don't, that goes against all other previous decisions. Does it?
Starting point is 00:33:13 In these matters. So basically, they're just saying executive and legislative, you do get out. This is a point where we draw a line in the sand and the judiciary stays over here. Yeah. And that goes against even the Trump administration and Republicans' arguments in the impeachment inquiry saying that the Dems don't have a case because they failed to go to court for subpoenas for Bolton and everybody, Mulvaney, remember? Right.
Starting point is 00:33:36 So as if they were going to do anything lawfully in the first place. But then the DOJ asked out of the other side of their mouth, asked the court to dismiss this case because the courts shouldn't have a say in enforcing subpoenas from the Congress to the executive. So yeah, and that, of course, paved the way for Republicans in the Senate to acquit the president. The other judge voting in the case was a GW appointee and the third dissenting opinion came from a Clinton appointee who must have been like, what? I'll be talking with Glenn Kirschner about this decision
Starting point is 00:34:17 where we go from here and what he thinks about what's going on in the US Attorney's office in DC where he worked for 30 years including with Jesse Liu, the ousted US Attorney there. That'll be after the final break but before we do the final break, are you ready for sabotage? Yes. All right, so we recently found out a guy named Andy Kojah, who had been on my fantasy indictment draft since the minority report came out from the House Intelligence Committee after the Russia investigation. He had been charged with campaign finance violations, but he says there's a bigger story. And this sort of reminds me of, you know how we thought that Parnass and Freeman were indicted to
Starting point is 00:34:58 keep them from talking. This is sort of what Kojah is saying. He's calling himself a whistleblower. And he says Saudi Arabia and the Emirate of Abu Dhabi bought the 2016 election from Donald Trump for Donald Trump. And he was charged retaliatoryally. He alleges that the Saudis and Emirates illegally paid tens of millions of dollars to the Trump campaign and disguised the money as small donations from Americans using stolen identities and virtual credit cards like those of the gift visa cards. As donations of less than $200 don't have to be reported to the FEC. So these were all very small, but they added up to tens of millions of dollars.
Starting point is 00:35:34 He said they made the payments using a payment processing technology. We call it Stripe. And he says he knows this because he sold the know how and the technology to George Nader, who orchestrated the whole thing. He says Nader told him he needed the payment engine to make online micro payments in bulk to the Trump campaign and the RNC. He also said, Kauwaja said, Nader told him Trump promised he'd be hard on Iran if the Saudis and Emirates helped him win, and that he would destroy Obama's nuclear deal.
Starting point is 00:36:03 He would cripple the Iranian economy with sanctions on oil. He also told him the Russians were on board, NATO told Kojah, the Russians were on board, and that NATO himself had met with Putin and got in the green light from him because he wanted Hillary to lose. So great. He then provided photos of NATO with Putin. Whoa! Multiple photos of a meeting. Wait! Between NATO and Putin. Is this the first time we're hearing this? Yes, holy shit Yeah, that's why I sort of wanted to focus on this one the Department of Justice though
Starting point is 00:36:34 Indicted Nader and Kojah for making illegal payments to the Hillary campaign The US now considers Kojah a fugitive dude Wow Jesus Christ. I mean, I guess and died him again then, right? Well, yeah, I think they'll probably just like we thought there would be super-seating indictments coming for Fruiman and Parnas and Korea because they're trying to stamp them out and, you know, disappear them that we might get super-sements for ko-wa-ja and Nader. Yeah, holy shit. But for but for messing with the Hillary campaign. Hmm interesting huh? Yeah very interesting. Alright well we will be right back to discuss oh wait let's do the fantasy indictment leak first
Starting point is 00:37:20 you ready to play the fantasy indictment link? Yes. I'm going to be a dietitian! No way, it's going to be okay. I'm going to be a dietitian! I'm going to be a dietitian! I'm going to be a dietitian! A dietitian! I'm going to be a dietitian! I'm going to be a dietitian! I'm going to be a dietitian!
Starting point is 00:37:32 I'm going to be a dietitian! I'm going to be a dietitian! I'm going to be a dietitian! Okay Jordan, you get to go first this time. What say you? I'll do a native. A native. Superseaning.
Starting point is 00:37:41 Yes. Superseaning native. And I'll do what Superseaning co-Asha.ha. Nice. What is Koazha already indicted for? Campaign finance violations alongside Nader. Okay. For donating making strong and donations to Hillary's campaign. Right. And so Yeah, and of course that Abramson is like I told all you motherfuckers this in my book read my hilarious. Yeah, and of course that Abramson is like, I told all you motherfuckers this in my book, read my book. Yeah. Okay, Tom Berg. Classic.
Starting point is 00:38:12 Classic. Super seating. Parnas. Nice. Super seating for you, man. Super seating Korea. K-C-O-R-R-A-I-A. Yeah.
Starting point is 00:38:30 I will do AMI. All right. God. I'll do Giuliani. Do you remember what the statute of limitations is on the AMI case, if any? Five years, five years. Five years. Okay.
Starting point is 00:38:43 Um, pecker. Pecker. Five years. Okay. Picker. Picker. And I'll go... Gillain. Although, and now it's this is totally flipped, right? Because now we're picking indictments that we think will be retaliatory. It's just it's scary times. Okay, now we will be right back to discuss the implications from the McGann decision right after this quick word about Dungeons and Dragons. Stay with us.
Starting point is 00:39:09 Hey, everybody, it's A.G. and this portion of Mueller, she wrote, is brought to you by the Dungeons and Dragons podcast called Awful Neutral, I'm on it. And it's basically seven comedians playing different role-playing games. Mostly we play classic D&D, but we've also done a special Halloween call a Cthulhu episode. We did a leprechaun episode for St. Patrick's Day that's coming out soon, and we did, and also we're doing Kids on Bikes, which is a role-playing game based on Stranger Things, which is awesome. And I think you'll really enjoy it. It's sort of my free time, my downtime, and it's kind of crass, and and it's kind of crass and just a lot of fun and I think that you'll really appreciate it. So wherever you get your podcast look for Awful Neutral, you can also follow us on Twitter, at AwfulDND.
Starting point is 00:39:54 And I think you'll, you know, it's just, it's fun. If you're into role-playing stuff, I think you'll enjoy it. And even if you're not, you'll probably be like, okay, I need to start playing role-playing games. So check it out, again, Awful awful neutral. I think you'll love it. Joining us today for the interview is MSNBC Legal Analyst and former 30-year federal prosecutor with the US Attorney's Office in DC. Please welcome Glenn Kirschner to the show. Glenn, thanks for coming back on Mollershield. Yeah, happy to be with you.
Starting point is 00:40:20 Yeah, I'm so glad that I was able to get a chance to talk to you because, as you know, yesterday, we finally got the seemingly delayed ruling from the DC District Court of Appeals on the House Oversight Committee's subpoena of Don McGann. This is a long time coming, and I've read through the ruling, and it seems as though the court has decided in a two-one decision that they don't have jurisdiction to decide inter-branch issues between the executive and Congress. What are your takeaways from this ruling? You know, my takeaway is that I understand that the courts are loath to enter the fray when it comes to what they call the political question doctrine.
Starting point is 00:41:03 They think the other branches of government ought to fight it out. And, you know, I don't have a problem with that conceptually, as long as the other two branches of government are acting in good faith and being at least minimally law abiding. That really does help. Unfortunately, we have an executive branch that doesn't give one wit about the law.
Starting point is 00:41:27 And ordinarily, when the executive branch runs amuck, when the executive branch engages in crime and corruption and abuses, it's the attorney general's job. It's the job of the Department of Justice and the FBI to address that, unfortunately, our constitutional construct did not take into account what happens if you have a corrupt president as enabled and supported by a corrupt attorney general. That is why I think we have to turn to the courts to inject some sort of law abiding sanity into what we've been experiencing and two of the three federal circuit court of appeals judges in DC just said no we're out of it. So it is yet another dark day for the rule of law in our country given the opinion they hand it
Starting point is 00:42:23 down yesterday in the McGahn case. Yeah, I feel you on that because I mean, well, first of all, we've seen the Trump camp and his lawyers and his legal team and Trump himself argue that they can't be investigated by state investigators or district attorneys. They can't be investigated by Congress. He can't be impeached. And even during impeachment proceedings, they argued that Democrats should have relied on the courts to rule on, for example, the Bolton testimony. So how do they, I don't even understand how they can justify that kind of contradiction here.
Starting point is 00:42:55 Yeah, welcome to King Donald. Apparently nobody can address his crimes and abuses. Here, if there is a little bit of a silver lining hiding behind this enormous dark cloud, it is that it was a two-one split. So two of the justices decided that this is what we call a non-justissuable issue. It's not an issue that they believe the courts should take up. But even those two judges, there was a, they kind of splintered on the question of whether there is such a thing as absolute immunity, which is what McGann and others are claiming.
Starting point is 00:43:36 Absolute immunity is not a thing. There's no such legal doctrine of absolute immunity. So the opinion was really more of a 1-1-1 split. You have Judge Thomas Griffith, who was appointed by George W. Bush. And I'm generally loath to point out who appointed a particular judge because judges are not supposed to be driven by politics or ideology or who they were appointed by.
Starting point is 00:44:04 And I will tell you, in my 30 years as a prosecutor, I appeared before hundreds of judges, both civilian and military. And until Donald Trump entered our world, I never once asked or knew who appointed which judge. It just didn't matter. It, of course, does matter now. So you got Judge Thomas Griffith, who wrote the opinion for the majority.
Starting point is 00:44:27 Then you've got Judge Karen Henderson, who was appointed by George H.W. Bush, who went with Thomas Griffith and said, we don't think this is an issue the courts should be involved in. But she said, and by the way, ain't no thing as absolute immunity, which is actually a pretty consequential question, because that's what Don McGam is asserting. And then, of course, you have Judge Judith Rogers, who was appointed by Bill Clinton, who dissented flat out and said, wait, wait, wait, wait a minute. Congress's power is at its zenith when it is trying to acquire the evidence and information
Starting point is 00:45:07 it needs to conduct a full fair impeachment inquiry. So she just flat out dissented. So yes, it was a two-one opinion, but on some really consequential issues, it was more of a one-one opinion. So what I think that guarantees is that the house is going to not just appeal this, but the first step is that they'll probably petition for reconsideration of this opinion. And I hate to be down in the appellate weeds, but I did do appellate prosecution for a number of years. There are two ways you can petition for reconsideration. One, you
Starting point is 00:45:43 could just go right back to the same three judge panel and say, hey, judges, I'll do respect. We think he got this one wrong and we would like you to reconsider it. I think they may forego that step in favor of what's called unbunk reconsideration, unbunk, fancy Latin word for full bench, all of the judges. So they will probably ask for all 11 DC Federal Circuit appellate court judges to reconsider
Starting point is 00:46:11 what the three judges on the panel just said. And here I'm going to go right back to politics, unfortunately, because of the 11 judges who sit on the DC Court of Appeals, seven were appointed by Democrats appeals seven were appointed by democrats four were appointed by republicans again that shouldn't matter but frankly in this day and age it may matter so we may see the full court overturned what we just got out of those three judges yeah and and bringing up the i'm with you on it never thinking about who appointed judges before
Starting point is 00:46:45 it didn't really matter until now because of Trump, just seeing some of these, these picks that he puts forward. And you said of the 11 seven are, are dem, appointed by Democrats for reported by the publicans. And I think what makes that important is not so much that we don't think that the, the, the decision will be a fair and judicious one. It's that Trump will point out that there are only four Republicans on that court and blame his loss if they hand him a loss on this on that.
Starting point is 00:47:17 And I do assume that if they apply to have the case rehered or the the argument rehered on bonk and the house oversight wins this round then Trump will and the Department of Justice will then file with This Supreme Court Of course and their game is delay delay delay and interestingly until this opinion they had lost pretty much and interestingly, until this opinion, they had lost pretty much every court opinion that has come out on this and other issues. But ironically, Trump is going to win by losing because the longer he loses, the longer he can appeal, and the longer he can hold off the day of reckoning. And he can hold off that day of reckoning until well after the upcoming election. So he actually wins by losing every court case. But as you say, if the full court
Starting point is 00:48:12 reverses this opinion and says, you know what, one, there is no such thing as absolute immunity. And two, Don McGahn, you need to testify. Well, then you know Trump is going to have the DOJ appeal that up to the Supreme's, and that is going to take a very long time to be resolved. Yep, and so question for you then, given the balance of the full bench, and there is probably a pretty decent likelihood, especially considering Henderson and Rogers,
Starting point is 00:48:39 both think there's no such thing as absolute immunity. And so the chances are pretty good. Do you think that House Oversight should go with that, or do you think, as you've said in some of your tweets, and you've been saying, actually, since before any of these cases got to where they are now, that the house should just exercise, say, okay, court, it's not up to you, it's up to us great, and then exercise, it's inherent, contempt powers. And I was hoping you could tell us what that means and if you think they should do that or both, you know, appeal on bonk and exercise their
Starting point is 00:49:11 inherent contempt powers. Yeah, you hit the nail right on the head. They should do both. So the first thing, they're good. They can't let this opinion stand unchallenged. So they have to go on bonk to try to get the full court to unravel what is a really bad legal opinion. Not bad politically, I think it's bad legally.
Starting point is 00:49:27 And they also yesterday should be issuing subpoenas and should be enforcing those subpoenas by their lawful power of inherent contempt. And I wrote an article about this for NBC News blog, think, back about six months ago, and I retweeted it out because, you know, what's old is new again. So the inherent content power at this moment is really the only vehicle available to the Congress to get people to come in and tell the truth about what this criminal president has been up to.
Starting point is 00:49:59 The inherent content power simply provides that if somebody thumbs their nose at a congressional subpoena and says, I ain't coming in, I ain't testifying, or if I do come in, I'm going to invoke absolute immunity and I'm not going to say anything. The Congress has the power to vote in the full house, whether that witness should be held in contempt. If they vote that he or she should be held in contempt, they can then enforce that contempt citation, that contempt finding, and here's what they do.
Starting point is 00:50:31 They send the sergeant at arms, Paul D. Irving, retired Secret Service agent, he knows his way around a pair of handcuffs. They send him out probably as supplemented by US Capitol Police officers. So the US Capitol Police Force is the only law enforcement agency under the control of the legislative branch. All of the others are under the control of the executive branch, FBI, DEA, ATF, you
Starting point is 00:51:01 know, Park Police Secret Service. I could go on and on. But the Capitol Police, that's the police force for the legislature. And they actually have every right. And this has been affirmed by the Supreme Court, even though they haven't done it since the 1930s. They have every right to arrest for contempt. Anybody who fails to comply with their lawfully issued subpoenas.
Starting point is 00:51:27 That's the only vehicle they have left. There are a couple of other ways to enforce congressional issued subpoenas, but they're basically dead doctrines at this point, because one is what they did with McGahn. They try to bring suit to enforce the subpoena, and two of the three judges just said, can't do it.
Starting point is 00:51:45 The other way they can do it is what's called criminal contempt. That would require Bill Barr to refer a contempt charge for somebody who refused to appear on a congressional subpoena, refer it to my old office, the U.S. Attorney's Office for the District of Columbia. So the prosecutors there, all of my friends and former colleagues, could pursue in court holding somebody in contempt criminally for failing to comply with a congressional subpoena. Well, you think Bill Barr is going to refer anybody who is Trump friendly for that kind of a potential criminal contempt proceeding. Oh, heck no. You probably don't want me to go off
Starting point is 00:52:26 on what's going on in my old office. The US Attorney's Office in DC, but that is where they just famously installed a brand new attorney named Tim Shea, who on day one walked up to my former colleagues in the Roger Stone case. These people had been prosecuting that case honestly, ethically,
Starting point is 00:52:45 apolitically and aggressively. And on day one, the US attorney said, Hey, guys, you need to go light on Roger Stone. Boy, that is as ugly and unethical and act as I have ever seen in my 30 years as a federal prosecutor. Hmm. I had a feeling you might want to talk about that. And I want to get to that in just a second, but I did have a quick question though about doing both remedies for appealing on-bong and using inherent content powers, because it makes sense. You send the sergeant an arms out, and they exercise that which they haven't done in
Starting point is 00:53:21 90 years or something, as you said. And their argument could be because of this ruling, well, we used to go to the courts, but now we can't. The courts are saying they don't resolve these kind of issues, so they would have at least a good argument there. But would appealing on Bonk weaken an argument to use inherent content powers? No. And, you know, listen, that is a lawful vehicle that is on the books, and even though it hasn't
Starting point is 00:53:46 been used in a while, the Supreme Court said they have every right to enforce their own subpoenas. I think it was Ben Franklin who said, you know, it would be folly to say that the Congress has the right to impeach, but they don't have the power to obtain the evidence they need to decide whether to impeach. So no, I don't think appealing a bad decision undercuts the lawful process of inherent contempt. They could have and should have been doing it all along.
Starting point is 00:54:18 I understand that there would be an accusation that it was somehow heavy-handed to lock up people who refused to comply with lawfully issued congressional subpoenas. But you know what, Trump and Barr in tandem have employed every heavy-handed tactic known to man. And so for the Dems in Congress to respond in kind with a lawful albeit somewhat aggressive approach, you know, is long overdue. Yeah, that's a good point.
Starting point is 00:54:50 It's impossible to weaken an argument to use something that's on the books as a remedy, a legal remedy that you have. And as this is funny, I had this, here's what my script of question says, Glenn, it says before I let you go, since you worked at the USAO in DC for so long, I'd like to get your thoughts on what happened to Jesse Liu being replaced by Tim Shea. And you've already sort of touched on it a little bit. And yeah, as you're saying, it's the most offensive thing you've seen in 30 years. I'm also interested in to know what you think about what happened to Jesse Liu.
Starting point is 00:55:26 Yeah, so I know Jesse because we were line prosecutors in the U.S. Attorney's Office in the early 2000s when she was there for four years before moving on to some other jobs. Then of course she returned as my final and 10th U.S. Attorney that I served under before I retired from the Department of Justice in June of 2016. And, you know, I served under six presidents from Reagan to Trump.
Starting point is 00:55:52 I served under 10 U.S. attorneys, never once did I have a U.S. attorney come to me and tell me to do anything differently in any of my prosecutions. So when I read the New York Times reporting that Tim Shea told the Roger Stone prosecution team the first day he arrived at the office, you need to go easy on Roger. I'm obviously paraphrasing there. But again, that is sort of obscenely unethical. Jesse Liu, yes, she was appointed by Trump. Yes, she was only one of two US attorneys who were personally interviewed by Trump before he decided to nominate them. You know, there are 94 US attorney's offices in the country.
Starting point is 00:56:36 He chooses to personally interview the one who's going to head up the DC practice, which is, you know, politics central and the Southern District of New York, which is prosecution central for some of our most high-profile political cases. And he interviews Jesse and Jeff Berman personally before he picks them, so I might say, installs them. Maybe he thought Jesse was going to be a lackey.
Starting point is 00:57:02 Well, Jesse is no lackey. Jesse prosecutes people, a lackey. Well, Jesse is no lackey. Jesse prosecutes people honestly, fairly ethically and apolitically, regardless of what her own political persuasion may be. So, you know, it's crazy, in my view, that after the first investigative team on the Andrew McCabe case said, guess what? Not enough evidence to prosecute. Well, then that team was replaced with a second prosecution team. That team presented the case to the grand jury
Starting point is 00:57:34 based on all the reporting that we've seen and it looks like one of two things happened. Either the grand jury no build, they said you ain't got enough to indict Andrew McCabe or they may have actually not asked the grand jury for a vote sensing that the grand jury would no bill. Those are both completely legitimate procedures. I've done both in grand juries.
Starting point is 00:57:58 But the fact that Trump perceived that my old office wasn't being aggressive enough and carrying out his desire to punish one of his sworn enemies, Andrew McCabe, by prosecuting him not with standing that we apparently didn't have enough evidence. What does he do? He yanks Jesse Lu out of the number one spot at the DCU's attorney's office. Now, granted, he nominated her for a position in treasury. But what did he do two weeks later? He withdrew that nomination.
Starting point is 00:58:30 So my question is, was that whole thing a ruse to just get her out of a position, install a bar loyalist? Somebody who's been described as a bar, acolyte, Tim Shea, so maybe he will do the president's dirty bidding as the top prosecutor in DC. Let's see if they start to dig into and investigate the Jim Comey's of the world and the Brennan's of the world
Starting point is 00:58:56 and the Clappers of the world. We know they couldn't get an indictment against Andrew McCabe. Let's see where they go next. Yeah, well, I'm sure you know how I feel about that question. And, you know, everything that you just went through also last year, right around the time that the grand jury did not return an indictment on Andrew McCabe. I believe Trump tried to move Jesse Lou out at that point.
Starting point is 00:59:21 Again, two to give her the number three spot in the Department of Justice. It just seems to me like he's trying to, as he did with Marie Yvonnevich, remove somebody that would, that's not doing his corrupt bidding. Yeah. And when he doesn't like you, what does he do? I read the reporting by Jonathan Swan and Axios. He put you on an enemy's list. I mean, when have we heard that before? Hello, Richard Nixon. You know, this is, we have sunk so far. And for the Appellate Court and the McGahn case now say, no, no, no.
Starting point is 00:59:54 Hey, Congress and Executive Branch, just work in good faith and negotiate and engage in accommodations and everything's going to be okay. Really, I would like to know what planet Judge Thomas Griffith actually lives on. Yeah, and just real quick, but I guess it's not a really easy question, but I'm gonna ask you the same question.
Starting point is 01:00:15 I asked Frank Fogluzzi, Malcolm Nance, Andrew McCabe. So what do we do? Who do we tell? If we can't brief the gang of eight without getting somebody fired and we can't you know We can't trust the DNI the attorney general is compromised most of the Senate seems to be bought and paid for Who who do you go to if you're a line employee at the Department of Justice or or anyone in the 17 intelligence community agencies and you've seen some shit. Who do you tell? Where do you go?
Starting point is 01:00:48 You know, I still think Michael Harwoods, the Inspector General at the Department of Justice is somebody that can be trusted to do his job fairly and apolitically. I know he also has his detractors, but when I look at the report, he issued with respect to the Pfizer warrants and what the FBI had been doing with respect to the origins of the Russia investigation, here's what I like about his findings. He criticizes everybody when he finds something to criticize. So you know what, the FBI looks like it really fell down on the job with respect to some of the warrants and some of the re-ups that they were presenting to the FISA court, and they need to do better.
Starting point is 01:01:33 And director Ray said he takes that criticism deadly seriously, and he's committed to doing better. But what else did Michael Harrow would say? said, the origins of the Russia investigation were sound and were righteous. And of course, you couldn't get Bill Barr in front of a microphone quickly enough to say, no, no, no, no, no, we disagree with all of that. And then he trotted out John Durham, the U.S. attorney that he tapped to go globe trotting to try to undo the Mueller investigation conclusions to try to undo the Mueller investigation conclusions, to try to undo the conclusions of the bipartisan efforts of Congress looking into the origins of the
Starting point is 01:02:13 Russia investigation. Everybody concluded they were righteous, and yet Barr and Durham couldn't get in front of a microphone quickly enough and do what no U.S. attorney should do, which is comment about a pending investigation. So to answer your question, I think Mike Alharowitz is still someone who whistleblowers can go to. I would like to see 100 whistleblowers a week come forward and say, I'm sick of it.
Starting point is 01:02:40 Let me tell you about the dirt I see going on inside the executive branch of our government. Unfortunately, when those people are labeled as traders and you know what we use to do to traders, according to President Trump, you can see why people are running scared. And Trump loves that people are running scared. Well, thank you so much for your insights today. I really appreciate it. MSNBC Legal Analyst and former 30-year federal prosecutor with the U.S. Attorney's Office in DC. Glenn Kirschner, it was really a pleasure to talk to you.
Starting point is 01:03:14 I appreciate you coming on. Thank you. Enjoy talking with you. All right, everybody. That's our show. Thanks again to Glenn Kirschner for coming on and telling us about his experience in the DC Attorney's Office with what he thinks is happening with Jesse Liu and Tim Shea and just that whole insanity and it's already old news, isn't it? The weaponization of the Department of Justice.
Starting point is 01:03:39 And so we need to keep that at the forefront of the news. Yeah. I just want to see the House forefront of the news. Yeah. I just want to see the house hold him in contempt. Yeah. Yeah. And I agree with Kirshner on that, too. He's like, look, I've been saying this for a while. And I just thought it was interesting, too.
Starting point is 01:03:57 I was like, does holding in them in inherent contempt, sending the master of arms, is it master of arms? No, it's the sergeant of arms out to the arms. I master of arms. Is it master of arms? No, it's the sergeant arms out to Blowy car sales guys their masters of arms Do they have arms? Yeah, I guess they do. I wish you could have seen that. But I know you felt it. Oh, God.
Starting point is 01:04:37 Anyway, so if you go out and arrest McGahn, for example, put him in jail until he talks, it does doing that undercut your ability to appeal to the subpoena part of it. Like to appeal the court and say, no, the court, you need to decide. And I thought he made a really great point about, no, you can't undercut something that's legally your option to do. And it's still legally within the confines of the constitution to send the sergeant and arms out to arrest these mofos. So we'll see what happens. We'll see what shift decides to do. I hope they get tough. But they also might be like, we don't want to miss with the election. Yeah, you know, they're very close at this point, I guess. But I don't know. I feel like the election has been happening for a year already. It has actually. I am so stoked though, just like the fact that super Tuesdays and a couple days and it's
Starting point is 01:05:30 only the road only continues further. And it's already March. God, I do sometimes daydream about Canadian elections, which only last four months and there are really strict campaign finance rules. Yep. Which I'd love to get to, but we can't, unless you fucking vote for whoever the fucking nominee is. It's mostly the length, man. Maybe elections are so short.
Starting point is 01:05:53 And it could be Biden. You don't, you know, and you're just going to have to do it. Yeah. You can have to. Oh, yeah. Biden is not the worst person that could get elected. I will tell you that. At least not as far as I'm concerned. Out of the Democrat. Yeah, a Democratic field. Yeah, totally.
Starting point is 01:06:08 Vote blue. Agreed. And I still have an offer out $1,000 to the charity of Tulsi Gabbard's choice if she doesn't run third party. But she has to email me about it. No, I'm kidding. I don't think she's going to. I have beans under not doing that.
Starting point is 01:06:24 Really got beans under not running third? Cool. I don't think she's gonna. I have beans on her not doing that. Really? Got beans on her not running third? Mm-hmm. Cool. I don't think she's going to either. I don't think so. I hope not. She could run as a libertarian.
Starting point is 01:06:32 Interesting. Yeah. She does have a lot of libertarian fans. Definitely. She has a lot of libertarian fans. For sure. Yep. Yeah.
Starting point is 01:06:41 A lot of pet snakes out there. In the same episode, we welcomed our libertarian listener. I know. He's just sitting there listening, petting his snake. He's getting, love you libertarian. Seriously, yes. And those are old comedy tropes. Yes, they do. Please don't take this seriously.
Starting point is 01:07:00 I guess I get most of this from Triumph, the comic dogs. You know, Bitwary walks through the Star Wars fans line Who's taking care of your pet to Rancho LaWal? You are here, you know I get most of those Trobes roast yeah from roasts. So please don't take them seriously and forgive me. I do love you You can send us your favorite liberal roasts back. Yeah, I don't know if my heart can take it for tat Tits are skat. I feel like they're all, wait, skat, skibbitabet. Oh, not the poop kind of skat. No, isn't skatting like skibbitabet, but it is.
Starting point is 01:07:33 But it's also poop. Oh, that's a multi-use word. I didn't read this correction because it was, we had too many to choose from, but there was one correction where both in the beginning and end of the compliment sandwich, it said, love all the poop jokes. It was like, someone is a fan of Jordan and I. Yes.
Starting point is 01:07:51 Constant poop jokes, keeping it classy as fuck. Hell yeah. That's sandwich. But it's sandwich. Oh, it's so fun, just a duality of being, you know, a relatively intelligent person like ourselves and also loving poop. Yeah, and also being a low brow comic.
Starting point is 01:08:07 Oh yes. Like I love dick jokes. And also I'm really into what's going on in the McGance Pena case. Yeah. Take me seriously. She have shirts. Take me seriously. Yeah.
Starting point is 01:08:23 I love poop and justice. I'm a doctor of poop. All right. Um, anyway, thank you. Poop jokes and justice. There's our episode title. Wonderful. Thank you also for featuring Glenn Kirschner.
Starting point is 01:08:37 He'll be thrilled. Yeah. People are also going to be disappointed because we didn't even have like any real poop jokes. Well, that's why you got to stay around to the end of the show. To get it. Yep, to get the poop jokes. Yeah. All right.
Starting point is 01:08:52 That is a little show. And I hope that you all have a wonderful week. Check out the daily beans every morning. We'll be giving you the news as it happens, particularly focused on, you know, more current events. And although I guess we're, you know, more current events. And although I guess we're always, this is all current events. It's just one is more Mueller focused,
Starting point is 01:09:09 one is more 2020 election focused. Yeah, we get more Trump-y. We get deep-ridden to specific cases and stuff on Mueller, she wrote. Yeah, yeah. Cool. Thank you very much, everyone. Please take care of yourself, take care of each other.
Starting point is 01:09:21 I'm Benagie. I'm a Jordan Covain, Pemagie Reader. And this is Mueller, she wrote committee reader, and this is Mollershi Road. Mollershi Road is executive produced and directed by A.G. and Jordan Coburn with engineering and editing by Mackenzie Mazzal and Starburn's industries. Our marketing manager, production and social media direction is by Amanda Reader, fact checking and research by A.G., Jordan Coburn and Amanda Reader, and our knowledgeable listeners. Our web design and branding are by Joao Reader with Moxie Design Studios
Starting point is 01:09:45 and our website is mullershyrope.com. Music Music 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 in crucial state house races,
Starting point is 01:10:13 and fighting back a non-existent red wave. But the Magga 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.
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