Jack - Volume 2 Season 2 Episode 7

Episode Date: August 22, 2021

This week: A Florida lawyer has filed a $5 million defamation suit against conservative crony Roger Stone; according to TASS, the FBI hasn’t found much evidence of a plan for the insurrection; Special counsel John Durham has used a grand jury in recent months to seek documents and witness testimony; plus some Sabotage and the Fantasy Indictment League.Follow AG on Twitter:Dr. Allison Gill (@allisongill)Want to support the show and get it ad-free and early?https://dailybeans.supercast.tech/Orhttps://patreon.com/muellershewroteScribd is the ultimate reading subscription service, letting you explore all of your interests, in any format you choose — ebooks, audiobooks, magazines, and more — for only $9.99/month. Go to try.scribd.com/AG for your free 60 day trial.

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 easy-going, 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. Hey all, this is Glenn Kirschner and you're listening to Muller She Wrote. So to be clear, Mr. Trump has no financial relationships with any Russian oligarchs.

That's what he said. That's what I think 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 of truth in that campaign and I didn't have, not have communications at the Russians. What do I have to get involved with Food and Fire? I have nothing to do with Food and I've never spoken to him. I don't know anything about a mother

than he will respect me. Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing. So it is political. You're a communist. No, Mr. Green. Communism is just a red hailing. Like all members of the oldest profession I'm a capitalist. Hello and welcome to Muller She Wrote. It is I, the host formerly known as A.G.

You can call me Allison Gill now though. I don't work for the government anymore. Follow me on Twitter at Allison Gill. For clarity, I tweet new stuff and space beans at Mollershey Road and personal updates from the Allison Gill account. We have a great show today, including an excellent sabotage and fantasy indictment league segment, Big News. But first, we need to get through the headlines

related to the Mueller days. For the news of the day, all the news of the day, and everything that's happening like right now as we speak with all other subjects, you can check out the Daily Beans every weekday morning, wherever you get your podcasts. So let's jump in with just the facts. Alright, first up from the Daily Beast, we have some Roger Stone information. A Florida lawyer has filed a $5 million defamation suit against Roger Stone,

alleging that Stone made defamatory remarks involving sexual contact with his kids according to the Associated Press. Larry Clayman, a conservative activist and founder of the Judicial Watch and Freedom Watch, not Freedom Fest. Freedom Watch filed the suit Thursday over remarks Stone reportedly wrote

on the right-wing social network, Gab, claiming that Clayman was a warped former lawyer that the 11th Circuit found guilty of molesting his own children. When Clayman asked Stone to take the false claim down, Stone doubled down and further insulted Clayman. This is according to the lawsuit.laimant said the allegation stemmed from a messy divorce in which his ex-wife made wild claims, including the molestation one, which he said had been investigated, and he had never been charged with. Claimant's law license was suspended in Washington, D.C., but he's still licensed in Florida. Oh, Republicans hating Republicans. And, uh, whoa, this is just again, circular firing squad. Stone didn't respond to the associated presses request for comment.

Claiming a garnered headlines last year, of course, after he sued the Chinese government, the entire Chinese government for $20 trillion over the COVID-19 pandemic. And breaking today from Reuters actually tests the Russian arm of Reuters. I just want to be clear there. The FBI, here's the headline, has found scant evidence. The insurrection had a grand plan. First, let's consider the source, right, tasks. Okay. Reuters recently acquired tasks. This is a Russian back news organization. I take everything that comes out of the task arm of Reuters with a grain of salt, but if the leaks are true, it probably means bad news for Donald Trump. Yeah, if you remember, we had Glenn Kirshner

on the daily beans a week, week and a half ago, he gave us a scenario in which the funders might have a good defense, like to say, Jenny Thomas, who put a bunch of people on a bus and paid for it, to go to the rally at the ellipse on January 6th. She could say, hey, we weren't expecting an insurrection, right? We went there for a peaceful protest and the insurrection happened when it was instigated on the stage at the ellipse and on a side stage by Mo Brooks Rudy Giuliani, Donald Trump Jr. and Donald Trump himself. That would be a defense. We talked about this when we did the MSW Book Club episode

chapter about the facts, follow the facts in a story in which about the facts, follow the facts in a story in which Ellie Honeg had prosecuted a murder of a guy and the driver, they flipped the driver, and the driver said, we were all shocked and surprised when the hit guy jumped up and started shooting. We were only supposed to put him in the hospital. That was what Goddy wanted, so Goddy, they couldn't charge Goddy with attempted murder because that wasn't the intent, right?

So keep that in mind when we talk about this because if the reporting is true, which is based on a, I think four FBI agents anonymous leaks, if it's accurate, we do know there were smaller groups, first of all, that did organize and plan the attack They had shirts, you know, that we know that because they're being charged with conspiracy, specifically the proud boys, oath keepers, etc But if there was no grandmaster plan for all of them Then we can extrapolate that the The riot was incited by Trump, Don Jr. Moe, Brooks and Rudy Kershner addressed this story today on his Justice Matters show and said,

as a prosecutor, he would use this bit of information to implicate the instigators. Because if it wasn't planned in advance, then it was the words of Trump, Rudy Brooks, and Jr. that inspired the crowd to attack the Capitol. So any defense put forth by the instigators, like Trump, saying, the people the people who tacked the capital, they had already planned it without me.

I had nothing to do with it. That defense would crumble. If in fact, it's found that there was no pre-planning involved. I personally think there was, again, considering the source's task. But we'll stay on top of this. Next, a federal judge has ruled that Trump's accounting firm must turn over records of financial payments from foreign governments to House Democrats,

as a judge meta in a ruling likely to be appealed. He decided Wednesday that the House Oversight and Reform Committee should be able to obtain some of the records on its work related to Trump's lease on his company's redevelopment of the old post office building in Washington, D.C. And he ruled that the committee should obtain some records related to whether foreign governments had paid millions of dollars to Trump businesses while he conducted foreign policy affecting those governments related to the emoluments clause of the Constitution.

The House Democrats are investigating the former president for potentially selling access to U.S. policy to foreign governments. The Supreme Court decision on Trump's tax returns has opened the floodgates. Trump will appeal the decision from the federal court, but Democrats have scored a key win for their investigation into potential Trump criminal behavior from the White House. And remember, they can make criminal referrals to the Department of Justice. Trump, as we know, never separated himself from his businesses when he became president. He designated a corrupt path for himself where he could profit from the presidency, but now Democrats will be able to follow that path and see if Trump or his business was criminally

taking money in exchange for foreign policy decisions. Narrator, he was. So according to the article here, the news is tightening around Trump, and it's only a matter of time until one of these investigations topples the failed former one term twice impeached president. I like that sentence. Also this week, for those asking, where in the hell is Durham, whom I'm going to refer to from now on as Clarence Beaks, the Clarence Beaks of the Trump administration?

Where's Beaks? Where in thearence Beaks, the Clarence Beaks of the Trump administration. Where's Beaks? Where in the hell is Beaks? So where in the hell is Durham? Well, according to this article here, Special Counsel John Durham, the prosecutor examining the oranges of the investigation, the FBI's investigation into conspiracy between Russia and Donald Trump's 2016 campaign, has used a grand jury in recent months to seek documents and witness testimony that's according to people familiar with the matter. The burst of activity signals Durham's inquiry

now more than two years old does remain active and is examining possible crimes, though it is unclear whether it is uncovered evidence that will ultimately support more charges. Durham's recent inquiries, those familiar with the matter say, appear to focus on whether people outside the government might have given the FBI fabricated or exaggerated evidence to spur investigations, which could be a crime. Although, wouldn't that be a crime against those people and not the FBI? I don't know. The people familiar with the matter spoke on the condition of anonymity. The interest in the people outside the government was previously reported by the Wall Street Journal. Durham's investigation has long faced criticism,

as Democrats and legal observers have worried that the prosecutor especially appointed by then Attorney General William Barr was essentially out to undercut an investigation that dogged Trump's campaign and much of his presidency. As Durham's probe had continued into the Biden administration and still does, some witnesses have privately grumbled that Attorney General Merrick Garland should push the special council to conclude his work.

The Russia investigation, they argue, has already been scrutinized by Congress and the Justice Department Inspector General and a million other people who found serious, you know, flaws, I wouldn't even call them serious, but they determined that it was opened with a criminal, adequate basis. Others argue that even if Durham's inquiry is misguided, Garland should let it run its course without interference. I'm on that side, personally. Quote, it has struck me from the start as a fool's errand at best and a political task at worst. But to shut it down would give the appearance of political interference that would be unwise.

That is our friend Barb McQuade, former US attorney. Durham's investigators, having the past, asked witnesses about a wide range of topics, including the opening of the Russia investigation and the FBI's effort to obtain secret court orders to surveil Carter Page. As we know, he was a former advisor to Trump's campaign, but had left the campaign by the time that those FISA warrants were signed and renewed by Rob Rosenstein. He has examined Durham in particular, the FBI's reliance on information provided by Chris Steele. He wrote the dossier. And as it obtained those orders and Steele's use of a source,

Igor Danchenko, an analyst once affiliated with the Brookings Institution, and who the Justice Department Inspector General found was the subject of an FBI counterintelligence investigation from 2009 to 2011 that assessed his documented contacts with suspected Russian intelligence officers. But nothing will ever erase the criminal predication created by Flynn, Manifort, Carter Page, and Roger Stone in my assessment and in Andy McCabe's as well.

Not to mention, Durham wasn't appointed special counsel under any known authority because a special counsel cannot be a member of the government, and Durham was a US attorney when he was tapped so let it run its course and then appeal on the fact that he do you remember when man afford filed for dismissal of the charges against him saying Mueller wasn't You know properly appointed and his whole investigation was bullshit and the courts found no he was properly appointed and his whole investigation was bullshit. And the courts found, no, he was properly appointed.

Durham wasn't. And I think that anyone charged under Durham's investigation could file for a dismissal, because he wasn't appointed under any authority, known in federal law. And if he was, it's been kept a secret. Maybe there's an OLC memo somewhere that Bar had cooked up.

I don't know, but it seems to me like it's a pretty strong case for dismissal. So put some beans on that. Okay. Anything comes out under Durham, and I'm not sure what Klein Smith didn't do this, but if I were an attorney, a defense lawyer for anybody indicted under Durham's investigation for anything. I would file a motion to dismiss because he wasn't appointed under any known authority in federal law. All right, everybody, we need to take a quick break,

but we will be right back with sabotage and the fantasy indictment league. Stay with us. Hey, everybody, it's A.G. Thanks for supporting Miller, she wrote. Today's episode is brought to you by my new favorite thing, Scribd. We ever sat there and scrolled through Netflix for hours

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If you want to change things up and switch between titles, genres and formats, you can do that anytime on your phone, tablet or computer. And right now, we're offering listeners of this program a free 60-day trial. Go to try.scribd.com slash AG for your free trial. That's try.scribd SCR IBD.com slash AG and you get 60 days of scribed for free. All right. Time for some sabotage. All right, this is interesting. Manhattan prosecutors, DA, Sy Vance, they're moving to advance their criminal investigation

into the former president and his business affairs, fighting with his company over evidence and continuing talks with the lawyer of a Trump organization executive who hasn't been charged. That's according to people familiar with the matter. Manhattan prosecutors and Trump organization lawyers appeared at a secret court proceeding with New York State Supreme Court Justice Juan Merchand last week to discuss a dispute. Over documents, the Manhattan District Attorney's Office has subpoenaed. Justice Merchand is overseeing the criminal case stemming from the indictment of the Trump

Organization and its CFO, Weiselberg, which was made public in July. This dispute is related to documents prosecutors have sought for their continuing investigation, while the scope of the evidence in question can't be determined. It includes a broad swath of financial documents according to people familiar with the matter. In another sign of movement in the criminal probe, prosecutors have been holding talks with the lawyer of Trump Organization Executive, Matthew Kalamari, senior, partly to determine whether his cooperation would be helpful according to people familiar with the matter. The next public court appearance for the Trump Organization in Mr. Weiselberg is September

20th, so we'll be on top of that. As we know last month, the Manhattan District Attorney's Office announced indictments charging the Trump Organization in Weiselberg with tax fraud. Prosecutors accused Weiselberg and the company of a 15-year-long scheme involving off-the-books payments and perks like cars and apartments to employees at the company. Prosecutors from the New York Attorney General's office are working with the District Attorney's office on the case.

That's Tiss-Chames's office. Weiselberg and lawyers for the Trumporg pleaded not guilty. Alan Fudrfoss, a lawyer for the Trump Organization, said the case was brought because of the Trump name and that compensation cases are resolved by civil tax authorities. Earlier this month lawyers for Weiselberg asked for additional information from prosecutors including the names of others involved in the alleged crimes. That's according to court documents filed in the criminal case. Prosecutors said in a filing this week that the unindicted co-conspirator in the criminal case, prosecutors said in a filing this week that the unindicted co-conspirator in the indictment was Jeffrey McConee, as we had predicted. That's a senior finance official at the Trump Organization, unindicted

co-conspirator. They noted that they had provided Mr. Weiselberg with more than three million pages of materials, but said they weren't required to disclose additional information. A lawyer from McConeani did not respond to a request for comment. And with that little bit of information, it's time for the fantasy indictment leak. I'm gonna be a di- No, it is gonna be a di- I'm gonna be a di- I'm gonna be a di-

And di- I'm gonna be a di- I'm gonna be a di- I'm gonna be a di- I'm gonna be a di- I can't come down, I'm gonna be a di- All right, here we go, seven months after being pardoned by Trump, a one-time editor of the New York Observer now faces new charges

of unlawfully spying on his former wife by secretly gaining access to her computer. The editor of the New York Observer Ken Kersen, a close friend of Kushner, was charged in state court in Manhattan on Wednesday with eavesdropping and computer trespass, both felonies, prosecutors accused Mr. Kursin of using spyware to breach his wife's computer in 2015 as the couple's marriage fell apart. Each crime is punishable by up to four years in prison, though probably if sentenced to be served concurrently, and he's if he's never been a criminal before, it'll be months. We know this." Quote, we will not accept presidential pardons as get out of jail free cards for the well-connected in New York. That is a statement from the DA, Sy Vance. A lawyer for Mr. Kerson, Mark Mukasey, declined to comment. And if Mukasehi sounds familiar, him and a food or fast from the last story were Trump

lawyers in the Mueller Probe. Mr. Kerson used a software program called Web Watcher to monitor his wife's computer keystrokes from the observers' offices in Midtown Manhattan, which allowed him to get the passwords to her Gmail and Facebook accounts. He used the illicit access to spy on her from September 2015 to March 2016, according to prosecutors. The couple divorced in January of 2016. The complaint said, Mr. Kersen's wife worked at a summer camp in

2015, where she became friendly with one of her co-workers. They stayed in touch after the summer was over, and the director of the camp later received an email containing copies of private conversations between the two. Based on that information, investigators believe that Mr. Kersen monitored his wife's conversations with that, investigators believe that Mr. Kerson monitored his wife's conversations with that coworker. Mr. Kerson was not a particularly adept user of Web Watcher and he contacted the program's customer service representative several times, both to help him access

his wife's messages and to reassure him that she wouldn't be able to detect the software. Quote, like if someone at the Apple store is looking for it, they'll be able to find it, right? He asked on one occasion. These charges are the latest twist in a case that first began in spring 2018 when the Trump administration nominated Kerson for a seat on the board of the National Endowment for the Humanities.

After the FBI began a routine background check into Mr. Kerson, investigators soon learned of allegations that he had harassed several people, one of them a doctor at Mount Sinai Hospital. Last October, federal prosecutors charged Mr. Kerson with cyber stocking and harassing three people, including the doctor, whom he blamed for the collapse of his marriage. At the time, Mr. Mukhie said that the conduct alleged is hardly worthy of a federal criminal prosecution.

And I have to say to Mukesie, fuck you, because I had this happen to me. Web crawler was what my ex-husband used, and then also planted bugs in my house and in my person in my car. But Mr. Kursin's accusers said that this behavior, which included targeting the doctor with negative yelp reviews, threatening emails, and insinuations in calls to her office that she was having an affair, had been diabolical. A footnote in the Federal complaint mentioned that in addition to the behavior for which he was being charged, Kerson had engaged in a pattern of harassment that included installing software on one individual's computer to monitor that individual's keystrokes and website usage without his slash her knowledge or authorization. That was

what this charge is about. In addition to his ties to Mr. Kirsson, Mr. Kirsson is a former speechwriter for Rudy Giuliani, and a personal lawyer for Mr. Trump. He also faced criticism during the 2016 presidential election for advising Trump on a speech. Court documents filed in November 2020 indicate that Mr. Kirsson was in plea negotiations with federal prosecutors, but in his final hours in office, Trump rendered those talks moot by pardoning Mr. Kerson, along with a number of the president's other associates, including his former chief strategist, Steve Bannon. Interesting, you mentioned Steve Bannon, because Steve Bannon is also being investigated by Sive Ants.

Yeah, since it says here in the article, the investigation into Mr. Bannon is ongoing. Mr. Vance's office charged Paul Manafort, Trump's former campaign chairman, with mortgage fraud and other felonies in 2019, but a New York appeals court later ruled that those charges violated the state's double jeopardy law, because he'd been convicted. Manavort had been tried and convicted on federal fraud charges the year before. That's why it violated the double jeopardy law. But Mr. Carson has never been tried. And it not on these charges either.

These weren't in the federal. This wife thing wasn't in the federal charges. And New York's double jeopardy law bars, a second prosecution only won a jury has previously been impeannled, or the defendant has pleaded guilty. It was unclear whether Mr. Kersen's former wife is cooperating with the District Attorney's office in a written explanation about why the president had pardoned Mr. Kersen.

The Trump administration said she had written a letter to federal prosecutors asking them to drop the case. Hmm. So give yourself a point. If you had a rando connected to the Trump family, I'll give this a point, even though it has nothing to do with the Mueller investigation. And this, of course, has a little influence on my fantasy indictment draft this week. Since Vance said presidential pardons are not to get out of jail free card, and he charged Kerson who hadn't faced federal conviction or trial on these charges.

And since Vance is also investigating Bannon, who has also not been convicted of a crime or pled guilty, I'm going to draft Bannon. And based on the reporting in the sabotage segment about the Vance investigation into the Trump org and the mention of Kalamari Senior, I'm going to keep Kalamari on with a plea agreement kicker So plea agreement for Kalamari. I'd also like to think we'll see the formal announcement of a plea agreement with McConee So I got plea agreement McConee plea agreement Kalamari I've got banan and then I would like to add gates and ingress all So there you have it. Thank you so much for listening.

We will stay on top of all these stories for you, including the investigation into Rudy Giuliani and the Russian-backed Ukrainians in the southern and eastern districts of New York, respectively. As of this recording, I checked. I have not seen an update from the special master Barbara Jones in the Rudy case. She's the one going through all of the documents to see what is privileged and what is not. I presume she's still working since we haven't had an update, which is why I do not have Rudy on my team this week. But he's broke and Trump has

thrown him under the bus, and I don't think he's long for this world as an unindicted man. My guess, I would say October November timeframe, but we shall see. There's a lot more to go through in the Rudy documents a lot more than there were in the Cohen raid. So until next week, please take care of yourselves, take care of each other, take care of your mental health and take care of the planet, I've been Alison Gill and this is Muller Sheerot. Muller Sheerot is written and produced by Allison Gill in partnership with MSW Media. Sound Design and Engineering, or by Molly Hockey, Jesse Egan is our copywriter and our art and web designer by Joe O'Reader at Moxie Design Studios. Mueller She Wrote Is a proud member of MSW Media, a group of creator-owned podcasts focused

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