Jack - Volume 2 - Episode 3 - Holding Pattern

Episode Date: May 23, 2021

This week, Allison Gill: reviews some of the recently unredacted contents of the Rudy search warrant; reminds us about Rosenstein's involvement in drafting the OLC memo that is ordered to be released ...5/24; adds Donald Trump and others to her Fantasy Indictment League picks as we await more information about possible pending indictments of Rudy and Weisselberg.Follow Allison Gill on Twitter:Mueller, She Wrote (@MuellerSheWrote)andhttps://twitter.com/allisongillSupport the show:https://patreon.com/thedailybeanshttps://patreon.com/thedailybeansPromo CodesVisit http://betterhelp.com/AG and join the over 800,000 people taking charge of their mental health with the help of an experienced professional. Special offer for Mueller, She Wrote listeners, get 10% off your first month.

Transcript
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Starting point is 00:00:00 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. I interview the coolest people like Mary Trump, Kathy Griffin, and DNC Chair Jamie Harrison. The Start Me Up Podcast has an easygoing, casual style and a strong emphasis on left-leaning politics. We also have Frank discussions about sex and more than a few spirited rants. Just visit patreon.com slash start me up or wherever you get your podcast and start listening today.
Starting point is 00:00:38 So to be clear Mr. Trump has no financial relationships with any Russian oligarchs. That's what he said. 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, not have, communications at the Russians.
Starting point is 00:01:01 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.
Starting point is 00:01:21 Communism is just a red herring. Like all members of the oldest profession I'm a capitalist. Hello and welcome to Mollarshi Road. I was your anonymous host, A.G. But I don't work for the federal government any longer, so you can call me Alison Gill. Follow me on Twitter at Alison Gill or at Mollarshi Road. And check out our Daily News podcast called The Daily Beans.
Starting point is 00:01:41 It comes out weekday mornings. So not a lot of brand new updates. There's a few this week. We're kind of in a holding pattern in a lot of ways. We are waiting to see if Merrick Garland will hand over the bill bar, Office of Legal Counsel memo that was ordered by Judge Berman Jackson. Garland asked for another week and said he would have his decision by tomorrow, Monday the 24th. I did speak to Joyce Vance, who said that the reason he probably asked for another week, although this is just speculation, there may have been some deliberations within the department and Merrick Garland wanted to hear all sides before, you know, to be able to
Starting point is 00:02:18 address any objections to maybe releasing it or appealing it before he made his decision. We're also waiting for the McGann testimony about Trump's obstruction of justice charges laid out in volume two of the Mueller report. And, you know, of course, we have to sort of see where that's going to go. They have until they've said that they're going to give a status update on that agreement for McGann to testify behind closed doors. The transcript will be released probably about seven days after that happens and they will give an update to the court on June 11th so we're waiting to see what happens there. And then finally we are waiting for the man hat in district attorney and now the New York attorney general to potentially drop an indictment on the former president and there's a new piece out in the Atlantic about that that I'll be going over later in the show.
Starting point is 00:03:05 We do have a lot to go over today, so let's jump in with just the facts. As I'm sure you've all heard by now, the New York Attorney General, Leticia James has teamed up with Manhattan District Attorney Sy Vance in the criminal investigation of the Trump Organization. We also learned this week,
Starting point is 00:03:20 she's got a separate criminal investigation open into Alan Weiselberg, that's the CFO of the Trump Organization. As we know Weiselberg has been the Trump org money man since 1973. And Tish James has been criminally investigating him for months now, sent a letter to everybody in January saying she was doing a criminal investigation. She had opened a criminal probe into Alan Weiselberg to try to get him seemingly to flip and cooperate. He previously cooperated with federal investigators in the Southern District of New York in the Cohen Trump Hush Money Case where he signed a non-possolution agreement, and now we have
Starting point is 00:03:56 some information from Alan Weiselberg's daughter-in-law which brings us to some sabotage. Yes, in an interview on CNN's Aaron Burnett Out Front, Jennifer Weiselberg predicted that her former father-in-law, Alan Weiselberg, would flip on Trump when she was directly asked about it. Jennifer Weiselberg, who was married to Alan Weiselberg's son Barry until 2018, has been cooperating in the investigation. Investigators reportedly took possession of three boxes of documents and a laptop from her last month. Meanwhile, Michael Cohen, Trump's former lawyer and fixer,
Starting point is 00:04:31 says he believed Trump would be the one to turn on everyone else involved in the investigations in the Trump organization, including his own children. Weiselberg also told Burnett that while attending Trump's inauguration in 2017, it felt dangerous for him to become president. Quote the amount of power given to a president, I just think it's irresponsible to give somebody who is self-serving and narcissistic that much power when it's inevitably always
Starting point is 00:04:55 to benefit themselves. When asked why she was cooperating with prosecutors, Waiselberg said it was because it's so horrifying that Donald Trump could be president again knowing what I know And I do have an update for you in the Rudy Giuliani case while we wait for movement there as we know the former department of justice was blocking the execution of search warrants on Rudy and Tone sig but Merit Garland lifted that block and Rudy's home in office were rated this April Much of the search warrant court filing was redacted, but some of those black bars came off the filing this week. Some of that newly uncovered information is that federal prosecutors actually seized 18 electronic devices belonging to Rudy
Starting point is 00:05:34 Giuliani and more than one of his employees when they rated his home and office last month. That's according to this new court filing. This letter, dated April 29, had been previously filed publicly with many redactions, but the new filing with fewer redactions sheds a little more light on the government's investigative steps. It indicates that prosecutors obtained electronic devices belonging to multiple people who worked for Giuliani partners, but it does not say specifically how many. Giuliani previously said on Fox News that the FBI took seven or eight electronic devices when they arrived at his apartment to execute the search warrant.
Starting point is 00:06:07 His attorney, Robert Costello, previously said they also took the laptop belonging to Giuliani's assistant when they searched his office. Government specialists have downloaded 11 of Giuliani's devices, according to the filing. The remainder, however, are passcode protected, and the government has asked for Giuliani's assistance in unlocking them. The bulk of the now revealed material relates to a covert search of Giuliani's iCloud account in 2019.
Starting point is 00:06:32 Giuliani's lawyers are arguing that the search was illegal and prosecutors should not be able to review the materials they seized last month. Prosecutors said they used a filter team of attorneys and FBI agents who are not on the investigative team to review the material obtained in 2019 for items that could be covered by attorney client or other privileges, they noted that the review is substantially complete. So that's the eye cloud review.
Starting point is 00:06:55 They argued that a filter team was appropriate at the time because the warrants were executed covertly, but they are now seeking a special master. That's an independent person to review the newly obtained materials from the raids in April, in part due to the publicity of the April search. That process was used after authorities seized material from another former lawyer for President Trump, Cohen, as we know, and prosecutors said in their filing that in that case the special master resulted in an efficient and effective privilege review. That's their argument for appointing a special master here. But Julie Annie's lawyers have asked the court to delay the appointment of a
Starting point is 00:07:29 special master. They want the judge to first unseal the affidavits supporting an earlier search warrant that gave prosecutors access to his eye cloud account. Prosecutors however told the court that the affidavit should not be revealed because quote, although there has been public reporting about the existence of this investigation, much of the information set forth in the affidavit should not be revealed, because, quote, although there has been public reporting about the existence of this investigation, much of the information set forth in the affidavits is not publicly known. In objecting to the search, Giuliani's lawyer said,
Starting point is 00:07:54 the prior search overlaps in time with the latest search, but for 56 days added at the end. The Justice Department acknowledges the overlap in the newly unredacted portion of the letter, quote, based on the government's investigation to date, given the overlap in date range, and because certain materials, including certain emails and text messages, were backed up to the iCloud accounts that were searched to pursue it to these prior warrants, the government expects that some but not all of the materials present on the electronic devices seized pursuant to the warrants
Starting point is 00:08:25 could be duplicative of the materials seized and reviewed pursuant to the prior warrants. Department of Justice is soon expected to file a reply to these objections that Giuliani and his lawyers have made, and as part of the same investigation, agents last month also executed a search warrant at the home of Victoria Tonseng, a lawyer and Giuliani ally. She know we know she, her and her husband, DeGeneva, were lawyers for fraud guarantee. Prosecutors said in the letter Giuliani and Toansing's status as lawyers shouldn't make them above the law or immune to criminal investigation, and said search warrant executed on them late last month were the result of an ongoing multi-year grand jury investigation into the conduct involving Giuliani
Starting point is 00:09:05 Tonzeng and others. Quote, Giuliani and Tonzeng are lawyers to be sure, but this court has found probable cause that their devices and accounts contain evidence of specified federal crimes. Prosecutors also argued against Giuliani's assertion that the affidavits should be unsealed to allow him to evaluate whether the government leaked phone records or text messages to the house. The house of representatives. Quote, there is no evidence to support this outlandish accusation.
Starting point is 00:09:32 And in any event, a subject's desire to investigate his own unsupported conjecture is simply not a proper basis to unseal affidavits. And Giuliani cites no case in support of that bootstrapping proposition. So he didn't even cite any case law. I'll be right back with some information about the bar, office of legal counsel memo, and the prospect of Trump being indicted. Stay with us. We'll be right back. Hey everybody, it's AG from Mollishe wrote, and this portion of the pod is brought to you by BetterHelp.
Starting point is 00:10:00 They provide professional, convenient online counseling. We know life is an amazing purchase gift, but sometimes it can be very overwhelming, unpredictable, and stressful. It can cause anxiety. And when I'm feeling the pressure and anxiety of tough situations, I try to remember I do not have to face them alone. And neither do you. So if you're dealing with anything preventing you from living your best life,
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Starting point is 00:11:05 So visit our website and read some testimonials like this one from user AD who says, Dr. Hood has been great from the first session until now. Months later, she's helped tremendously with mitigating my stress and anxiety. She helps me see different perspectives and makes me feel seen and heard. I'm better able to understand and process my emotions thanks to Dr. Hood's help. So visit betterhelp.com slash AG. That's better help, H-E-L-P. And join the over 800,000 people
Starting point is 00:11:28 taking charge of their mental health with the help of an experienced professional. Special offer for Moller She Wrote listeners, get 10% off your first month at betterhelp.com slash AG. Hey everybody, welcome back. So as we know, a few weeks ago, Amy Burman, Judge Jackson of your nasty, penned an opinion
Starting point is 00:11:45 requiring the Department of Justice under Mayor Garland to hand over a secret office illegal council memo that Bill Barr blocked from handing over in a Freedom of Information Act case, arguing that the memo is protected by the attorney client and deliberative process privileges that exception to the FOIA rule. Judge Jackson was clear and concise as to why the memo didn't meet the requirements of exemption five. Garland asked for an additional week a continuance to either to make his decision to hand over the memo per the court order
Starting point is 00:12:13 and also unseal the court order or unredact the court order, I should say, or to appeal the court's opinion, and he should make that decision. Tomorrow, May 24th, if he releases the memo, I wanted to make sure everyone knew how involved Rod Rosenstein was in the drafting of that memo. In the law and crime piece by Matt Neham that was released in September 2020, Matt outlines some communications about the memo in emails received by Jason Leopold at BuzzFeed News in his FOIA request.
Starting point is 00:12:45 It says here former Attorney General Rod Rosenstein, Department of Justice official who appointed Bob Mueller as special counsel, also played a prominent role in editing an unseen official legal counsel memo that laid out the Department of Justice's legal rationale against charging President Donald Trump with obstruction. Heavily redacted emails by BuzzFeed news as Jason Leopold show the who, when, and some of the what of March 24th, which is the day that Attorney General Bill Barr sent out a four-page letter to Congress outlining to Mueller's dismay, the principal conclusions of the Mueller report weeks before it was released to the public.
Starting point is 00:13:21 A federal judge would later call Barr's summary a distortion, but the emails actually pertain to a memo that was at least seven pages long, not bars for page letter. On March 24th, 2019 at 134 in the morning, Rosenstein sent proposed edits to Assistant Attorney General for Officer Legal Council Stephen Engel, who has since been rewarded
Starting point is 00:13:44 with a place on Trump's revised potential Supreme Court nominee list. Notice the subject line regarding says regarding draft memo in this particular email that you can see in this piece in law and crime. Rosenstein sent edits from his phone. He sent edits about pages 456 and 7 of the memo. All of those edits were redacted. So because it went beyond four pages, we knew that this wasn't an email regarding his four-page letter to Congress. At 7.57 in the morning, just a few hours later, Engel responded, thanks. Later that day at 1 p.m. 101 to be exact, Engel sent a new paragraph to Brian Rabbit, who was at the time, bar's chief of staff,
Starting point is 00:14:26 quote, for the memo, not the letter correct, Rabbit responded two minutes later, correct, Angle replied seven minutes after that. Watched out groups of tried and thus far failed, remember this is September 2020, tried and thus far failed to obtain a complete copy of the legal justification, Office of Legal Counsel relied upon
Starting point is 00:14:44 in researching the conclusion that there was insufficient evidence to say Trump committed obstruction of justice, only releasing a heavily redacted version of the memo amid protracted litigation. The memo's existence was revealed in response to a Freedom of Infra-Maintenment Act request filed by crew, citizens for responsibility of ethics in Washington. The group had initially filed a for a request for records pertaining to the views OLC provided Attorney General William Barr on whether the evidence developed by Special Counsel Robert Mueller is sufficient to establish the President committed an obstruction of justice offense. The Department of Justice initially rejected Cruz request, arguing that the documents were not a matter in which there exist possible
Starting point is 00:15:23 questions about the government's integrity that affect public confidence. That resulted in a lawsuit that eventually produced more than 250 pages of internal White House documents. And as we know, we just got the order from Judge Jackson, in this case, to release the actual memo because she said it does not rise to the level of making it into exception five to the FOIA rules. But in a letter accompanying that redacted memo from an attorney in the Department of Justice's Office of Information Policy, the office stated that the OLC's legal reasoning was being withheld based on a widely used exemption before the exemption states that documents are protected
Starting point is 00:16:05 from the law if they would not be available by law to a party other than an agency and litigation with the agency. Provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested. In June 2020, Department of Justice made reference to the OLC memo saying it was nine pages long. Additional emails also show Rosenstein's involvement on April 17, 2019 in editing Barr's statement prior to the release of the Mueller report. The Mueller report
Starting point is 00:16:37 was released on April 18, 2019, a day later. Note that the rabbit email from April 17, 2019, included an attachment to a memo he called deliberative and pre-decisional. Crew argued as recently as September 2, that the secret charging decision memo was neither deliberative nor pre-decisional. But the premise for the Department of Justice and their invocation of the deliberative process and attorney client privileges to justify withholding is fundamentally flawed. OLC created the documents at issue not to provide legal advice to aid attorney
Starting point is 00:17:10 general bar in deciding whether to bring a prosecution, a decision that the attorney general had delegated to special counsel Mueller. Instead, OLC's memo served to help the attorney general falsely spin the findings of the special counsel Mueller into a vindication of President Trump and to so doubt about the undermine the findings of the special counsel. The FOIA offers no protection for those efforts, which are not protected by either deliberative process privilege or attorney client privilege, and instead reflect the kind of misconduct for which the FOIA was intended to provide an avenue of public access. And, from the Washington Post in April of 2019, Rod Rosenstein again was in danger of losing his job.
Starting point is 00:17:53 The New York Times had just reported that in the heated days after Komi was fired. The Deputy Attorney General had suggested wearing a wire to surreptitiously record President Trump. Now Trump traveling in New York was on the phone eager for an explanation. Rosenstein, who by one account had gotten teary-eyed just before the call in a meeting with Trump's chief of staff, sought to defuse the volatile situation and assure the president he was on his team.
Starting point is 00:18:16 That's according to people who were familiar with it. He criticized the New York Times report that was published in late September and blamed it on former deputy FBI director Andy McCabe, whose recollections formed its basis. Then he talked about special counsel Robert Mueller's investigation of Russian interference and told the president he would make sure Trump was treated fairly, and that's also according to people familiar with the conversation.
Starting point is 00:18:41 Quote, I give the investigation credibility, Rosenstein said. That's according to an administration official with knowledge of what was said during the call. And he said, I can land the plane. I just wanted to make sure everyone was aware of the hand Rod Rosenstein had in crafting the memo used to justify not prosecuting the president. I wanted to bring this up in the event that Garland hands it over. Maybe Congress wants to investigate it, which I think they should, or at least have an independent council or special council investigate the rollout of the Mueller report, and what
Starting point is 00:19:13 bar did to it. And there's an interesting article out by Kimberly Wheel in this week's Atlantic about the imminent indictment of Donald Trump. And I wanted to go over that article with you. Yesterday evening, New York State's Attorney General Leticia James announced we have informed the Trump organization we are now actively investigating the Trump organization in a criminal capacity.
Starting point is 00:19:32 That was the New York Times reporting we got last week and the spokesperson for the New York Attorney General's office. James will be sending two of her office's prosecutors to join the team of Syvance, the Manhattan DA. With this news, Donald Trump, those around him, and the country as a whole, inch closer to the prospect
Starting point is 00:19:51 that a former president could face criminal charges and possibly even prison time. The country has not been through anything like this before, she says. The ongoing investigation is sweeping. James began it as a civil investigation following the 2019 congressional testimony of Cohen that the Trump organization had lied about the value of its assets to secure loans and insurance to reduce its tax liability. Her focus includes
Starting point is 00:20:15 the Trump organization's evaluation of seven springs of state. That's that 213 acre estate in Westchester County, which it used to claim a $21 million tax deduction for conservation easement on the property in 2015. James is also looking into 162.5 million state and Westchester County, which it used to claim a $21 million tax deduction for conservation easement on the property in 2015. James is also looking into $160 million loan on a property of 40 Wall Street in Manhattan, which Trump personally guaranteed for $20 million, as well as large portions of debt owed by the Trump Organization, relating to the Trump International Hotel and Tower in Chicago that were claimed as taxable income and the valuation
Starting point is 00:20:45 of Trump National Golf Club in Los Angeles. A lot of stuff. Vance's municipal-level criminal grand jury investigation adds another area of possible criminality to the scope of James's state-level inquiry, including possible bank and tax fraud. Vance is also reportedly looking into hush money payments to stormy Daniels and other women on Trump's behalf, a maneuver that sent Cohen to jail for campaign finance violations. And if you'll remember, that's when we got the name individual one for Trump. He was, he was unnamed unindicted co-conspirator in those crimes. And then the Southern District of New York, after bar got there, just kind of sat on the case,'t do anything until a judge said you need to make a
Starting point is 00:21:26 decision and the Southern District decided to close that case. By law, grand juries operate in secret, but it's publicly known that vans is also subpoenaed, mizards, Trump's personal accounting firm for financial records relating to the former president and his business. In July 2020, the Supreme Court rejected a bid to protect those records from disclosure on presidential immunity grounds and Vance finally obtained the records in February of this year. Now they say here in this article that Vance obtained Trump's tax returns, but they also got a whole trove of just financial records.
Starting point is 00:22:00 I personally think there might be something in there showing intent or the ability, you know, it would make it very difficult for Trump to say that he had no idea about it. Vance's office has reportedly interviewed Cohen at least eight times and Cohen stated that, quote, unfortunately for Trump, I have backed up each and every question posed by the District Attorney's office with documentary evidence. Vance has also sought records from two of Trump's largest creditors, as we know, Deutsche Bank and Ladder Capital, and from Columbia Grammar and Prep School. That was a subpoena, which is attended by the grandchildren of Weiselberg, who has worked for the Trump family since 1973, as I said earlier in the show.
Starting point is 00:22:40 In 2017, he became the only non-family member to serve with Trump's sons Eric and Don Jr. to manage the trust established to hold Donald Trump's business assets while he was president. According to the grandchildren's mother, Jennifer Weiselberg, more than $500,000 in tuition was paid through checks signed either by Weiselberg or Trump himself as part of compensation for Weiselberg's son Barry from 2012 to 2019. Vance's office has been trying to get Weiselberg to cooperate with the investigation.
Starting point is 00:23:07 He was also involved in reimbursing Cohen for the $130,000 payment made to Stormy Daniels before the 2016 election. And I think it's important to note that if those checks were paid, those tuition checks were paid by Donald Trump himself as compensation for Barry Weiselberg, they would be taxable. And that's what I think what they're looking at
Starting point is 00:23:29 is that taxes weren't paid, perhaps, on those payments. For her part, Tish James has subpoenaed the Trump organization for records relating to consulting fees. Remember the $700 and something, $1,000 paid to Ivanka Trump while she worked at the Trump organization? And that's in addition to documents regarding the various properties implicated in the investigation.
Starting point is 00:23:48 In October, Eric Trump, we know, sat for a deposition by lawyers in James's office. The Trump Foundation dissolved amid an investigation by James's predecessor, Barbara Underwood. That's his, that's the Trump charity. And that was amid, um, via him violating laws in connection with Donald Trump, uh, in, in the 2016 presidential campaign, and whether the charity work was otherwise legitimate, it was found not to be only criminal charges can produce jail time. And although indictments can be filed against corporations, which the Department of Justice has deemed legal persons capable of committing crimes and criminally liable for the illegal act of its directors, officers, employees, and agents, corporations can't go to jail.
Starting point is 00:24:32 Nonetheless, individual corporate officers can be charged along with a corporation, she says. This is where Trump, his top affiliates and family are all in potential trouble. Trump's tax council in 2016 described him as the sole or principal owner in approximately 500 separate entities that do business with a Trump org. It's hard to imagine a scenario in which none of this comes back to Trump himself. Whether the joint efforts of the Manhattan DA and New York State Attorney General will lead to indictments is unknowable at this point, but the matter is clearly ramping up. Now, I want to take a little, an aside
Starting point is 00:25:06 and say, there have been very significant signs that this is leading toward criminal charges. We have sivants retiring. This is his last term. He will not seek re-election. He hired Palmerance, former US attorney, probably as a bridge, maybe to the new, maybe to the new DA, but also the pomerance is the one doing most of the questioning in the grand jury room. They added a forensic team, a forensic accounting firm, who is looking very closely at all these documents that were obtained from Mizar's. Same accountants by the way that were looking through Manafort stuff on the Mueller investigation team. Partnering with the
Starting point is 00:25:44 New York Attorney General is another thing here, and having two of those attorneys from the AG, from the Attorney General, on the team in Manhattan. And also, they have said that they believe Sivance has told people privately that he will make a charging decision before he leaves office. So all of those things kind of sort of equate to, we might have an imminent indictment.
Starting point is 00:26:10 And one question of late is whether either jurisdiction could force Trump to appear in New York in the event he has criminally charged, given that he has lodged primarily in Mar-a-Lago in Florida, though he recently moved to his country club in Bedminster, New Jersey. So he's there now. Florida Governor Ron DeSantis is a staunch Trump ally and Palm Beach County State Attorney Dave Aaron Berg has publicly acknowledged that informal conversations have occurred regarding whether DeSantis could intervene in a case that indictment happens. But as Aaron Berg notes DeSantis can try to delay it, he can send it to a committee and do research about it
Starting point is 00:26:44 But his role is really ministerial and ultimately the state of New York can go to court and get an order to extradite the former president. In fact, this is a rare circumstance in which the Constitution is quite explicit regarding a governor's obligation to respect an extradition request from another state. Article 4 Section 2 provides that a person charged in any state with treason, felony, or other crime shall on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. This is a statute of troubling origins dating back to 1793, and known as the Fugitive Slave
Starting point is 00:27:19 Act. It sets forth procedures for extradition, which the Supreme Court has affirmed. As President Trump dodged conviction, despite two impeachment trials and three counts of constitutional wrongdoing, he is now criminally and civilly liable, as well as that of his businesses and his staff and his children. They are squarely within the sides of the rule of law here. Former Senate Majority Leader McConnell put it plainly in a remarkable speech, justifying his vote to a quit Trump for his role in the January 6th insurrection. He said, we have a criminal justice system in this country. We have civil litigation and
Starting point is 00:27:53 former presidents are not immune from being held accountable by either one. And that sort of goes along with what Mueller testified to in 2019 when asked by Ken Buck if you could prosecute the former president after he leaves office and he said yes. And that brings us to the fantasy indictment league. I can't hold down, I'm gonna be dead! All right, so my picks are gonna remain the same this week as they were last week, because like I said, we're in a holding pattern in those three major areas of concern, right? The DA and New York Attorney General, Manhattan District Attorney teaming up, we're waiting for that bar, office illegal council memo, and we're also waiting for a potential McGahn testimony, and maybe there will be criminal referrals made to the Department of Justice out of that particular testimony. And remember, he's only allowed to testify to the publicly
Starting point is 00:28:54 available portions of the Mueller report and to verify that he, that those portions are true and correct, said that that way Trump can't block this for executive privilege because Trump and the attorney general decided to release the Mueller report and therefore that way of the executive privilege there. So while we're waiting for that stuff, my picks are going to remain the same. It is Trump. It is Donald Trump. And you know, he hasn't been part of this fantasy indictment league for the entire first season
Starting point is 00:29:23 of Mueller she wrote because he was President and and we had figured that Mueller was going to follow that 1970s office illegal council memo that says you can't indict a sitting president and never forget when asked Well, why the hell did you do the investigation if you couldn't indict the president and he said to get all the evidence down While it was freshen everyone's minds and before it was destroyed and he was able to come up with those obstruction of justice charges and volume two, which may prove to come in very handy now, especially in getting McGann's testimony and making a criminal referral. I'm gonna leave Rudy on there. I think Rudy and Tone Zigg, Tone Zigg, excuse me, are in deep trouble. 18 devices, 18 electronic devices.
Starting point is 00:30:05 Of course, I think we're a while away from that. Like I said, they haven't even, the right now, where they are, is they're just now responding, prosecutors are just now responding to the Giuliani's objections to appointing a special master. I think my beans are on, they'll be appointing a special master.
Starting point is 00:30:23 And then of course, Matt Gates, we know a lot of stuff is being investigated in that particular set of crimes. And we just got news that Matt Gaetz's ex-girlfriend is now cooperating witness. And we know Joel Greenberg, as of last Monday, has officially begun cooperating in that case. And then Derek Harvey, he is the guy, the new nez aide, that was over there as well.
Starting point is 00:30:50 I'm also very interested to see, as a side note, what happens with these lawyers, Angle and Rabbit and, you know, the other attorneys who were involved in the other Office of Legal Counsel memo, the one that Mara Garland is going to make a decision on tomorrow. I'm interested to see how that hands out. I do think Merrick Garland will hand the memo over, but we'll let you know either way. Everybody, until next week, this has been, again, holding pattern, but lots of stuff, just about ready to happen. So we'll be back next week. And until then, please take care of yourselves,
Starting point is 00:31:26 take care of each other, take care of your mental health and take care of the planet. I've been AG, and this is Mullershi Road. Mullershi Road is written and executive produced by Allison Gill with editing and sound design by Molly Hawkey. The podcast art and web designer by Joa Reader with Moxie Design Studios, Muller She wrote is a proud member of the MSW Media Network, a collection of independent creator-owned
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