What A Day - This Ken Is On Trial

Episode Date: September 12, 2023

The 22nd anniversary of the 9/11 terrorist attack was yesterday, and officials around the country memorialized the nearly 3,000 people who were killed. Roughly 40 percent of the victims remain unidentified, but officials recently used DNA testing to discover the identities of two more of those killed in the attack.Texas Attorney General Ken Paxton's impeachment trial continued into its fifth day Monday, when his former chief of staff testified that Paxton had an affair with a woman named Laura Olson. Paxton is only the third public official in Texas to be impeached, and if convicted he will be basically fired. A verdict could come down as soon as this week.And in headlines: the FDA greenlit a new round of COVID-19 vaccines, thousands are feared dead in Libya after Storm Daniel hit the country, and strippers at Portland’s Magic Tavern Club voted to unionize.Show Notes:Tre’vell Anderson and jarrett hill, co-authors of “Historically Black Phrases” join Reparations Club in LA on September 19 – https://rep.club/products/historically-blackTre’vell Anderson presents their book “We See Each Other” at All She Wrote in Boston on September 23 – https://tinyurl.com/yv9nnrdt What A Day – YouTube – https://www.youtube.com/@whatadaypodcastCrooked Coffee is officially here. Our first blend, What A Morning, is available in medium and dark roasts. Wake up with your own bag at crooked.com/coffeeFollow us on Instagram – https://www.instagram.com/crookedmedia/For a transcript of this episode, please visit crooked.com/whataday

It's Tuesday, September 12th. I'm Josie Duffy Rice. And I'm Trevelle Anderson. And this is What A Day, where we have one request for Smuckers, now that the company announced yesterday that it'll buy Hostess. Yeah. Fill those Twinkies with Smuckers jam and the Ding Dongs with Jif peanut butter. A cinnamon roll with jam instead of icing, perhaps?

Yes. Yes. That's brilliant. That's bold. That's new. That's different. I love it. On today's show, an update on the impeachment trial against Texas Attorney General Ken Paxton. Plus, striking writers are mad that Drew Barrymore taped episodes of her talk show. But first, yesterday marked the 22nd anniversary of the 9-11 terrorist attack on the U.S., in which almost 3,000 people were killed and thousands more were injured. I join you on this solemn day to renew our sacred vow, never forget, never forget, we never forget.

That was President Biden delivering remarks on a military base in Anchorage, Alaska, which is notable news insofar as he did not commemorate the tragedy at one of the actual attack sites, which include the World Trade Center in New York and the Pentagon or at the White House. This was the first time that a sitting president had not acknowledged the event from any of those places, which, of course, a number of folks said was a bad look. Yeah, I bet Republicans took that great. Why wasn't he at any of these places? He just returned from the G20 summit, which happened in New Delhi, India, and apparently just wasn't able to make it back to the East Coast in time. That said, Vice President Kamala Harris, her husband Doug, and First Lady Jill Biden were all dispatched to various ceremonies to pay

respects. One of the biggest ceremonies, of course, happened in New York City at the National September 11th Memorial. That's where VP Harris joined New York Governor Kathy Hochul, New York City Mayor Eric Adams, among other current and former elected officials. That ceremony featured members of the families directly impacted by the attack, reading out the names of those who died and paying tribute to their loved ones. We're going to play an extended excerpt here. Please take a listen. John Leslie Albert. Peter Craig Alderman. And my sister, Jodi Tepedino Niccolo. Tower One, 105th floor, Canter Fitzgerald.

We miss you, Jodi. We love you. Your light still shines as bright as it ever did. Rest in peace. And my grandfather, Raymond Matthew Downey Sr., who tragically lost his life on that day with the many others. Poppy, your hard work, dedication, and perseverance for the FDNY will never be unnoticed.

Your legacy will live on forever. Your beautiful wife, Rosalie, five kids, 16 grandchildren, and one great-grandchild all wish you were here today. But we know you are looking down on us. We miss you, we love you, and until we meet again, our hero forever. John J. Chara. Jeffrey Mark Chernoff. Swarna Chalasani. And my uncle, Christopher X. Our time together was special. Mark Chernoff. Swarna Chalasani.

And my uncle, Christopher X. Our time together was special. So were the memories we made. Although you live in heaven now, those memories will never fade. I bow my head in silence and remember my uncle with love. And I know that you are in heaven watching from above. We miss you. Your family misses you very deeply. Rest in peace, uncle, and God bless America. And my uncle, Jaime Concepcion, we love you. We miss you very much. You were the one person in the family who can't count on to help anybody.

I hope you and grandma are together in heaven. She didn't get to say goodbye to you and you didn't say goodbye to her, but she followed you four days later to be with you. I hope you and both, I hope you both are together watching over us. Amen. That's heartbreaking. And also beautiful that every year, you know, people come and speak to their loved ones. Speaking of some of the victims, officials have recently discovered the identities of two more people who were killed in the attack.

Can you tell us about that? Yeah, so as I mentioned before, almost 3,000 people were killed in the attack, nearly all of whom were reported missing at the time. And death certificates were issued for all of them. But the city's been working to match the names of victims with actual remains from the site since 2001. Roughly 40% of the victims, or about 1,100 people, remain unidentified. And so a couple of days before yesterday's anniversary, New York City's Office of the Chief Medical Examiner announced that due to advanced DNA testing, they've now identified a man and a woman as the 1,648th and 1,649th victims. Their names are being withheld from the press at the request of their families. About these identifications, Mayor Eric Adams said, quote,

We hope these new identifications can bring some measure of comfort to the families of these victims, and the ongoing efforts by the Office of Chief Medical Examiner attests to the city's unwavering commitment to reunite all the World Trade Center victims with their loved ones. Gosh, I don't think I realize that 40% of victims have not yet been identified. That's 22 years later. Just really unimaginable. Thank you so much for that, JaVale. We are going to move on to another issue we are covering. This one is in Texas.

We are five days in on Ken Paxton's impeachment trial, and it is the kind of messy chaos that we can all enjoy. Finally, the Republican attorney general has brought a little joy to our lives. I never thought this man would do it, and all it took was getting impeached. You know, that small thing, getting impeached. Thank you for your service, Ken Paxton, to my week. Love it. Finally.

And a decision in that case, right, could be reached as soon as this week. And it would be really historic if it happens, right? Yeah, it really would be. I mean, I think of Texas as like a messy place politically, but he would only be the third public official in Texas to be impeached ever. And technically, he was impeached on Memorial Day weekend. Since then, he's been suspended without pay from his job, but he hasn't been convicted by the state senate yet. So that's why this impeachment trial is taking place. If he is convicted, he will basically be fired as

attorney general. This isn't like a regular trial in the court of law, obviously. The state senators are the jurors, for one thing, but it does have major consequences. If he is convicted of just one of the 20 articles of impeachment that have been brought against him, he doesn't only lose his job, but he could be prohibited from ever holding office in the state of Texas again, which, sign me up, sold. I was about to say, that sounds like a positive to me. I am ready. So before you recap for us what happened during the trial, remind us how Paxton brought us this drama in the first place. Arrogance and sloppiness.

That's what gets them all, right? Okay, so this all goes back to three years ago, October of 2020. That is when eight of the top officials in Paxton's office, people he had handpicked to work under him, reached out to HR, law enforcement, and Paxton himself, accusing him of breaking a number of laws. They alleged that Paxton was, quote, abusing the power of his office and authority at the expense of the public, all in order to benefit himself and this developer named Nate Paul. Nate Paul had donated thousands to his campaign, and Paxton was trying to help

the guy out. Oh my god. Okay, it sounds juicy already, but I know it gets more messy. How exactly was he helping this guy, Nate? Right. Well, various ways, allegedly. So, for example, he apparently pushed for a legal opinion out of his office that would have benefited Paul having to do with foreclosure sales. He also tried to have his office grant a public information request that Paul's lawyers sent in to his office, even though it meant disclosing a sealed FBI affidavit against Paul, who you probably won't be surprised to hear was under federal investigation at the time.

Of course. So Paxton's trying to, like, break a couple rules for this guy, break more than a couple maybe. And Paxton's staff blows the whistle on him. And then the FBI promptly begins investigating Paxton too, as well as Nate Paul, two peas in a pod. Then Paxton fired the whistleblowers, calling them, quote, rogue employees. They promptly sued. And Paxton's office agreed to settle for $3.3 million. So among the lessons you should take from this, do not fire the whistleblowers. Everybody always does this, and it's so dumb.

So dumb. Anyway, Paxton promptly asked the Texas House to pay that $3.3 million. And legislators were pretty mad about that, including Republicans. They didn't want to pay that $3.3 million. And legislators were pretty mad about that, including Republicans. They didn't want to pay that money. And so that settlement sparked a whole other investigation and led to this impeachment. Kind of wild that he was like, yeah, we're going to settle for $3.3 billion, but government, will you pay for it, please? It's like so audacious.acious and yet every time you turn around a police officer is shooting something or doing something and the government's paying for them so

can't really blame the guy for trying you're not wrong you're you're not wrong at all texas is paying all kinds of money for cops okay so how exactly has the trial gone so far? So the trial started last Tuesday. And keep in mind, he could have like gone quietly into the good night, but he wanted to go to trial, I guess, which is really dumb. So immediately he shows up on Tuesday, he tries to get the articles of impeachment dismissed. That is overwhelmingly denied. And he hasn't shown up in the trial since.

He was there the first day, hasn't been back. By Friday, like only four prosecution witnesses had taken the stand. The Texas Tribune called the questioning of these witnesses frequently tedious and sometimes contentious. And so it seemed to be kind of like in the weeds, people on stand for a long time. And basically, prosecutors have tried to make Paxton's behavior look especially egregious.

His defense attorneys have basically tried to claim that staff never even tried to get clarification or ask questions and that they didn't really have any evidence. Also has been kind of trying to be like, didn't Ken Paxton help you out in your career? Which I don't feel like is totally the right angle to go with here. But anyway, so trial's going on for a few days, but then yesterday is when things get a little juicy because his former chief of staff testified that Paxton had had an affair. And he'd had an affair with this woman named Laura Olson. Here's part of what that former chief of staff, Catherine Missy Carey, said.

We talked about Mr. Olson again. And did you learn that the affair was continuing? Yes. Did he tell you that? Yes. How did you learn that the affair was continuing? Yes. Did he tell you that? Yes. How did he tell you that? What kind of voice was he using? He was frantically upset.

Once again, sloppy to frantically tell your employees that you're still having an affair. But this is where it gets interesting. In 2020, Laura Olson, his side piece, began working for guess who? Nate Paul. Yes. Wow. Nate Paul. Wow.

If you were wondering why Ken Paxton put it all on the line for this random dude, we might have some ideas. Allegedly put it all on the line. Right. Sorry, to be clear. So anyway, prosecutors allege that that's why Paxton kept trying to do this guy these secret favors, right? Because he was frantically, upsetly in love with this woman that worked for him. And obviously, like politicians having affairs,

especially like Republican sanctimonious politicians having affairs is not groundbreaking. But another part that's crazy about this whole thing is that Paxton's wife is a Texas state senator. So she's right there in the trial listening to this whole thing about her husband having this affair that has maybe now led to him getting impeached. Wow. And she can't vote in this trial. She's recused herself because obviously there's a conflict of interest.

But she's just sitting there just hearing about it. And I would like to say to my husband, if he's listening, if you make me sit through an impeachment trial of you hearing about your affair, I will not be doing that. I will not be doing that. Anyway, this trial is likely only going to get more outrageous. We, like you said, could have a verdict by the end of this week. And we will keep you updated. But that is the latest for now. We'll be back after some ads let's get to some headlines headlines

the food and drug administration gave the green light to a new round of COVID-19 vaccines yesterday, and the CDC is expected to issue recommendations today on who should get them. That means the updated vaccine could be available to most Americans as soon as the end of this week. So what is different about this shot? Well, the updated vaccine has been formulated to target the Omicron variant known as XBB1.5. That is not the dominant variant anymore, but the FDA says the vaccine will still provide good protection against the COVID variants that are currently circulating. And as with previous versions, the updated shots are expected to protect folks from severe illness, from hospitalization or death, but not from mild infection. As we mentioned, a CDC advisory panel will meet today to recommend who should get the updated shots.

And once they sign off on that, the Biden administration is expected to encourage folks to get both their COVID and flu shots in one go. Here on WOD, we are calling it the quick stick, a term coined by our friend Dr. Abdul El-Sayed last week. Just go get your quick stick. It's easy. It's efficient. Well, I would just like to say that I am totally ready for another shot.

Absolutely. Thousands of people are feared dead after powerful storm Daniel hit Libya over the weekend. The storm, which swept through Greece, Turkey, and Bulgaria last week, brought torrential rain and severe flooding after making landfall on Sunday. Waters burst through aging dams in the port city of Derna, where destruction seems to be the most severe. Two senior officials said yesterday that as many as 2,000 people might be dead there because floodwaters wiped away entire neighborhoods and homes. But electricity and communications were down in the city, which made it hard to accurately assess the loss of life and true extent of the damage. The eastern cities of the country, including its second largest city of Benghazi, was also heavily impacted by Storm Daniel.

After triggering floods in Greece, the storm became what's known as a metacane, a tropical cyclone that can form over the Mediterranean Sea. Abnormally warm waters, which are tied to human-caused global warming, intensified the storm. It's expected to bring heavy rains and flooding into Egypt today before finally dissolving. The death toll from Morocco's deadly earthquake has surpassed 2,800. And survivors are continuing the long wait for government aid, particularly those in

the more remote and rural parts of the country. They're largely being left to fend for themselves in this recovery process, and many are running low on food and water while also facing electricity and telephone blackouts. They say the Moroccan government has been dangerously quiet and slow to respond to aid requests, so many residents are taking rescue efforts into their own hands. Meanwhile, a series of aftershock tremors continued after the initial quake, and the immense rubble has made it difficult for rescue workers to get to certain areas. This is certainly true for those in the High Atlas Mountains, the epicenter of Saturday's 6.8 quake, where debris has blocked the winding dirt paths that sometimes are the only way to access those villages. So far, Morocco has accepted international aid from Spain, Qatar, the UK, and United Emirates.

The U.S. Embassy sent a team of disaster relief efforts to Morocco to see how the U.S. can best support the survivors. And now to Minnesota, where state officials there have ordered drinking water to be tested at Stillwater Prison. The move comes after about 100 inmates refused to return to their cells during a heat wave on September 3rd over concerns including poor water quality, lack of air conditioning, and excessive heat, among other things. And according to the local newspaper Star Tribune, Kathy Stroud Caldwell, whose son is in prison, was told that water in the cells was rusty and inmates were using their socks to strain the water, which is absurd. Over the weekend, the state's Department of Corrections released a statement saying that, quote,

additional and more comprehensive water testing was ordered to, quote, assure staff and incarcerated individuals that the water is safe for drinking. Meanwhile, the department said bottled water will be provided for staff and inmates while testing at the facility is being done. Also in prison news, this time over in Louisiana, the state has until this Friday to remove incarcerated minors from the maximum security adult prison known as Angola, which is a former death row building. A federal judge last Friday ordered the youths to be removed after she ruled that the conditions at the facility were unconstitutional and that state officials failed to provide adequate schooling or mental health treatment to the young detainees.

People can't do anything about it. They just have to drink the rusty water. This is not uncommon across the country. The Drew Barrymore Show resumed filming on Monday after CBS announced that the program would resume production without its writers. Don't like that. And the striking writers guild WGA is not happy about it at all. According to a statement from Barrymore, the daytime talk show will begin airing new episodes again this week, and it will not discuss or promote struck films or TV shows. This all comes after Barrymore declined an offer to host this year's MTV Movie and TV Awards in May

to show solidarity with writers. While the Drew Barrymore show isn't technically part of the ongoing Hollywood writer and actor strike, the program depends on WGA members, who are part of the strike, right? Those are the writers. So naturally, striking writers showed up outside CBS studios in New York City to protest the show's taping. Picketers waved signs with slogans like,

Drew the right thing for over eight hours. And one of the actual writers for the Drew Barrymore show, Christina Kenyon, was there. She told the Washington Post, quote, The reality is that, you know, you stand with the unions or you don't, and everybody is allowed to make that decision for herself. I love the energy of showing up to your employers and protesting outside. I just love it. Picket outside your employers, everybody. The WGA said that it will continue picketing the Drew Barrymore show until it stops filming. A new episode of the show is slated to air this Friday. And in other labor news, strippers at Portland's Magic Tavern Club voted to unionize on Thursday,

making them the second ever unionized strip club in U.S. history. They're now officially represented by the Actors' Equity Association. And this comes after strippers from North Hollywood's Star Garden topless dive bar won their union election back in April, becoming the first to do so. Strippers at Magic Tavern have been on strike since April to protest working conditions they say are dangerous, including inadequate club security and cameras, as well as poorly maintained facilities. Many strippers have cited uneven flooring and wobbly poles as threats to their safety. They've also

demanded that their employers offer performers contracts as soon as they're hired. Once Actors Equity certifies the results of the Magic Tavern election, the union can officially begin bargaining for a new labor contract. Kate Schindle, the president of Actors Equity, said of the news, quote, I'm thrilled for these workers. They not only knew their rights, they knew they had to stick together and never let up. I love the idea that strippers, exotic dancers, whatever you're calling them, are organizing and they're unionizing because why not? They deserve rights and protections like everyone else. Absolutely. That's a risky job. That can be a really tough job.

And it's amazing to see this happen. I would also like to say I'm in Atlanta. Some see it as the capital of strip clubs. And if you need someone to walk the picket line with you, call me up. I would love to. That sounds great. And those are the headlines. Two more things before we go.

First, we want to hear from you, our listeners, about legislative attacks on LGBTQ plus rights. If you are a trans person living in a red state that has recently passed a ban on gender affirming care, or if someone you love has been personally affected by anti-LGBTQ plus legislation, we want to hear from you. Make your voice heard right here about the real harm that these laws have on people's lives by sending us a voice note or a written response to raven at crooked.com with your name, where you're from, and how you've been impacted. And if you'd prefer to remain anonymous, just let us know. And second, as you all know, I am a fabulous authoress. I've got two book events coming up that I'd love to see y'all at.

My new book, Historically Black Phrases, from I Ain't One of Your Little Friends to Who All Gon' Be There. That comes out next week on September 19th. I'll be having a book talk event in Los Angeles at the Reparations Club. And then next weekend, September 23rd, I'll be in the Boston area with the All She Wrote Bookstore doing a book talk about my first book that came out earlier this year, We see each other, a black trans journey through TV and film. Yes, she is busy. And yes, she would love to see all of y'all. There'll be links to info about both of those in the show notes. And I hope to see you there. Look, Los Angeles is on one side of the country. Boston is on the other. That means everybody should be able to get to one or the other. And everybody listening

needs to be in LA or Boston. It's not that much to ask at all. That is all for today. If you like the show, make sure you subscribe, leave a review, boo on you, Drew, and tell your friends to listen. And if you're into reading and not just tipping strippers to help them pay union dues like me, well, today is also a nightly newsletter. Check it out and subscribe at Cricut.com slash subscribe. I'm Traevel Anderson. I'm Josie Duffy Rice.

And fill our Twinkies with jam, smuckers. That sounded... I'm sorry. Did it not? It just felt... It felt loaded. That's all I'm going. Did it not? It just felt, it felt loaded. That's all I'm going to say. Well, today's a production of Crooked Media. It's recorded and mixed by Bill Lance. Our show's producers,

Itsy King-Dinia, Raven Yamamoto, and Natalie Bettendorf are our associate producers, and our senior producer is Lita Martinez. Our theme music is by Colin Gilliard and Kashaka.