35 Burst results for "Glenn Kirschner"
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner Explains What the Special Master Dismissal Means
"So tell us what's happening now, the DoJ has gained access to all these Trump documents, obviously, right? The special has officially been. Ordered as officially been dismissed. So what does that mean? What's happening now? So the DoJ now has access to all these documents. The delay didn't work, now what's happening. So what that means is the decks have been cleared for Jack Smith to break into a justice sprint, right? There is no longer anything holding them back from using all of the documents that were seized from Mar-a-Lago. In furtherance of criminal charges against Trump and Steph not only Trump, because we know Trump didn't load up boxes, ship them to Mar-a-Lago, unload them, put them wherever it was. He was trying to hide them. This is going to be a conspiracy indictment. It's going to be Donald Trump and others that assisted him in this crime. Those are co-conspirators. And you know what, that is a challenging investigation. And that's what I think Jack Smith is probably trying to get his arms around as quickly as he can.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner on Calls for Trumps Legal Team to Be Held in Contempt
"Talk to us about a big deal or not. The DoJ are asking the federal judge to hold Trump's office in contempt of court following this discovery of new classified documents that Trump's property, despite his legal teams assurances that they had already handed over all the material. What do you make of this latest? I mean, it's his people going, oh wait, there's even more. Right. We didn't tell you. You know, this is really curious and perhaps unprecedented. I'm not celebrating it. Look, Donald Trump has held us in contempt for 6 years. It's nice to hear that he and his team might be held in contempt. But you know, this is really to use a legal term, a funky procedure going on with chief chief judge beryl Howell overseeing whatever in the world she is overseeing. It almost feels like another version of a special master arrangement. That's not a criticism of chief judge barrel harrell. I think she's terrific. But I don't know what's going on behind closed doors. What I do know is it doesn't seem to be all that effective to have some judge intervene. And try to put fixes in place for what we all know is broken. What we all know is broken is that Trump and his defense team are corrupt. Don't care about actually divulging themselves of all of these documents. And there's a way to remedy all this. It's with indictments for the crimes that we know Trump is committed.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: Jack Smith Is Exactly the Person We Need on Trump
"You said special counsel Jack Smith Thanksgiving Day court filing that destroys Trump's lawyers legal arguments. It seems like people are pretty heartened by the speed that Jack Smith appears to be moving at. What do you think? Yeah, Jack is a real without fear or favor kind of prosecutor. I didn't know him personally, but some of the folks that were in my homicide section ended up leaving the D.C. U.S. attorney's office and working for Jack when he was the head of public integrity at the Department of Justice. And I'll tell you that now we have a little bit of hero fatigue, right? Because we thought bob Mueller was going to bring it home and Bill Barr basically blocked him and lied about his report. We thought Merrick Garland was going to bring it home. I will say now having seen Merrick Garland operate over the last year and a half. He's a very good man, but he seems to have lost his prosecutorial instincts and he's behaving more like a judge, which is not what we need out of our attorney general at this moment in history. But what I've been told about Jack Smith is, listen, he's fearless. He will take politically charged cases that are difficult to prove. He has prosecuted Republican politicians and Democrats. And he's not afraid to lose. He's going to do the right thing. And that's precisely the kind of person we need heading up the Trump cases at this point.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner Believes Kellyanne Conway's Testimony Might Hurt Trump
"Think you've said to us that you feel like this might be the first case up because it's so clear and there's so many documents, but what do you think of the J 6 committee as they wrap up? Are they going to make criminal referrals should they? Is it going to matter? Yeah, there really cramming for their final exam right now. They put Kellyanne Conway in the hot seat and she testified for 5 hours. Now, whether that was facts or alternative facts, we don't know. But let me just share a data point, then I'll go back to the overarching J 6 committee thing. What I always found really intriguing is that Donald Trump first announced on August 17th, 2020, if I lose the election will be rigged. And Kellyanne Conway, senior counselor to the president of the United States promptly resigned. So we know what she did. Now we need to know why she did it. Yeah. Because I have a feeling those two data points are connected. And if she testified truthfully, I think it's going to hurt Trump.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: The 11th Circuit Court of Appeals Opinion Is 'Poetry'
"You said justice is coming this morning. It's a sunrise justice. Yeah, and that was almost premature jingle there. That kind of hurt. Sorry. Yeah, no. I think things are looking up. Objectively, things are looking up with the 11th circuit with Trump's former high White House lawyers being ordered back into the grand jury to tell the whole truth about Trump and on and on. It's just kept coming for Trump this week. Yeah. It's a beautiful thing. Well, I mean, as you were saying back when this happened, this was just so improper in the first place. They obviously went judge shopping for judge cannon, which she did was completely improper, but I think as you told us at the time, it just caused the delay that he was hoping for, but that's over now, right? It is over. And you know, it's a really important opinion. I would urge everybody to read at least pages 20 and 21, three paragraphs, because as I said on Lawrence O'Donnell's show last night, that is about as close as you get to rule of law, poetry. It was so good. And let me say I was on the panel with my friends Joyce Vance and barb mcquaid. So you know I kind of dragged down the IQ of the panel. But I have to quote what my friend Joyce Vance said, she said that the 11th circuit Court of Appeals opinion was so scorched earth that basically they bench slapped judge cannon. Yeah. And that was a perfect way to put it.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: It's Time for an Investigation Into Justice Alito
"You tweeted Congress if you're listening. It's time for an investigation. I'd fashion it an impeachment inquiry of justice Alito, his lies to the Senate to the American people into the late senator Ted Kennedy must be investigated because women's constitutional rights matter. Yeah, I got to get your take on this latest bombshell report about justice Alito leaking. Yeah, The New York Times made it pretty clear in its reporting. I think two days ago, a couple mister and misses Wright had dinner with another couple, mister and misses Alito, and the next day, misses Wright contacted this reverend shank is his name and said, I've got some very interesting information. No emails, please, and then she told him that basically Alito authored the hobby lobby opinion. Another opinion that basically is religion over the rule of law, and that hobby lobby is gonna win. So Alito leaked his own opinion, the hobby lobby opinion. Don't you think he probably also leaked the Dobbs opinions revoking women's constitutional privacy rights? Yeah. And then acted all huffy about it.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner Sheds Some Light on Special Counsel Jack Smith
"So let's get to the big question. Because we've been flailing without you as you know. Ever since the appointment of Jack Smith, who apparently is not the guy in the matrix, he puts on sunglasses. I think he is. But no, it's a different guy. Different guy. Okay. But Glenn, I think it was Barbara mcquaid, I saw on TV first that said, you know, the Justice Department wouldn't be doing a special prosecutor if they weren't going to indict. If they were going to decline. So, you know, and then everyone from tally nostalgia was like, this is no Jill wine banks initially said this is a waste of time and money. And you and I have been obviously impatient for justice for a long time and my first thought is, why isn't an indictment? Why is it, you know, yet another step. But, you know, it takes me a second to calm down. But just a little. But I think we all have Mueller fatigue, right? We think, oh God, are we starting all over again, blah, blah, blah. And a lot of people have pointed out how Lawrence tribe and others that they think this will speed it up and not slow it down. Dying to get your take on it because I do get that it's different a bill Barr's not in charge, it's not Trump's Justice Department. He is not starting from scratch, but give us your whole overview on this. Yes, Steph, I wish we had an hour. There's so much to unpack. And we do have, we have superhero fatigue. We thought bob Mueller was going to come in and take Trump out. His report did take Trump out the problem is Congress and the Department of Justice didn't act on the crimes that bob Mueller documented in volume two of the Trump Russia report. We thought Merrick Garland was going to come in and do what was necessary. It turns out in hindsight, Merrick Garland turned out to be too much judge and not enough prosecutors. So I am not prepared to say Jack Smith is galloping in on the white horse and he's going to take care of all this. However, first thing I did was I talked to all my Friends and former colleagues who worked with or for Jack Smith. I don't know Jack personally, to a person, they can not speak highly enough of his determination to hold criminal politicians accountable. Without regard to politics or criticism or fear of failure, here's why I really like the appointment of Jack Smith. We can do an autopsy on whether Merrick Garland should have appointed a special counsel. There are good arguments on both sides, but I think the bottom at the bottom of it all wants Trump announced he was a candidate. Let's face it, Merrick Garland is Joe Biden's attorney general. So to have Joe Biden's attorney general going after Joe Biden's only announced political opponent in the 2024 election, I believe, left Merrick Garland, no other choice but to appoint a special counsel.
Stephanie Miller's Happy Hour Podcast
Club Q Shooting Is About Guns Not Red Flag Laws Says Glenn Kirschner
"Not the happiest subject to start with, obviously, because clearly all the talk is about this latest tragedy. Predictable tragedy in Colorado, right? Talk to us a minute just about the red flag laws failing to, this guy apparently legally purchased this AR-15. Just talk to us about your initial thoughts on what's happened. Yeah, so red flag laws allow law enforcement authorities to temporarily seize weapons from somebody if they believe that person poses a demonstrable danger to others. What we are learning in the aftermath of the club Q shooting is that this gunman apparently had made bomb threats. He was charged with kidnapping and menacing. Now, what we have, what I have seen reported as those charges were dropped and apparently the record was sealed. So whether this was truly a failure of red flag laws or not, you know, we'll have to wait to hear more about that. But, you know, this is all about guns. It's not about mental health. It's not about frankly red flag laws. It's all about guns and the Republicans, as we know, will continue to worship at the altar of virtually unrestricted access to weapons of war, assault rifles, and they'll continue to let the blood money flow into their campaign coffers until we rise up and say we're not going to take it anymore.
Stephanie Miller's Happy Hour Podcast
Will Alex Jones Be Punished More Than Financially for Sandy Hook Lies?
"Boy, speaking of justice delayed, a Connecticut judge has ordered Alex Jones to pay an additional $11 billion. 473 million on top of right, he had already been in order to pay 965 million. I mean, you know, you see him openly taunting these poor families and saying you're never going to see a diamond, there's no money. Is he going to be able to evade this justice forever? He's not going to evade financial justice. And that is important, particularly, you can't make the sandy hook families hold. But you can punish the you know what out of Alex Jones for lying and taking advantage of the tragedy of people's children being murdered. I want him prosecuted in the event the evidence supports a prosecution. That's where justice comes in. Money is important. Send him to the poorhouse, give every penny he has to this any hook families. But he needs to be held accountable for his part in ginning up the insurrection.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: Trump Isn't yet Done Killing the Republican Party
"The reporting this morning, Trump determined to launch his 2024 campaign next week from Mar-a-Lago despite worse than expected Republicans showing on election day and a looming runoff in Georgia. He intends to announce his third White House bid Tuesday at 9 p.m., even as a number of Republicans have publicly and privately said the party should move on from him. Sources tell The Daily Beast. He's ready to rock and roll. It's hard to hold off at this point because it shows weakness one adviser said, but there's also a chance he could come up with some reason. I mean, it is clear he thinks this will either protect him or at least distract from any coming indictments, right? And it's a win win step because it will, there's no rule that says a candidate for office can not be indicted particularly if the election is too years away. That's absurd. But it looks like Donald Trump is not yet done killing the Republican Party. He's got one nail left and he is prepared to drive it into the coffin lid, which is a beautiful thing. I urge him to announce. I invite him to announce because I think that will pretty much spell the end of the Republican Party as it presently exists. He learned nothing from what just happened to the Republicans during the midterm. So Donald, please. Remain in the mix. No, I find myself agreeing with you. I'm like, oh my God, this is I underestimate how glorious it would be, not just the blue wave, but watching the total disintegration of this party. And the infighting,
Stephanie Miller's Happy Hour Podcast
Trump Keeps Confessing to Crimes With Glenn Kirschner
"This is how we know God loves us and wants us to be happy is because Trump has committed more crimes since we booked you yesterday. So what is it? Yeah. Yeah, good morning, Steph, and how about we see some indictments for some of these guys? Yeah. Yeah. I think Joyce fans said the best part of social media is the confessions. With Trump always I mean, and again, I know he's a notorious liar, but I mean, what do you make? I don't know if it's part of him trying to burn Ron desantis and the Republican Party to the ground or, you know, but obviously that needs to be investigated, right? It does. And it needs to be invested in the Department of Justice actually has no choice because once they have been attacked and it's been alleged that DoJ was part of Trump's efforts to unlawfully interfere in the Florida election. Let me tell you, DoJ has absolutely no discretion. They have to look into it if only to debunk it. Right. So another good development, something else that needs to be investigated.
Stephanie Miller's Happy Hour Podcast
Will SCOTUS Take up Trump's Tax Return Case?
"Trump loses his appeal to keep his taxes hidden from Congress. He of course will appeal to the Supreme Court which he thinks is his. I have heard others say that is unlikely they'll take it. So what is the time frame on this now? Yeah, the Supreme Court has already in substance rejected similar claims like when he was trying to keep all of his tax documents and financial records from the prosecutor in New York from the district attorney. So I don't think the Supreme Court has any appetite to try to give a relook to an issue that they've kind of already settled. So all of these things have taken far too long. Every sort of justice clock is ticking, but it looks like this one is about run out.
Stephanie Miller's Happy Hour Podcast
Which Crime Will Trump Be Indicted on First?
"DoJ has many to choose from, but which crime likely will be the first one in which Trump has indicted, here's my take at last night's show with the Saban theater with Stephanie Miller and sexy liberals. I forgot because I was looking directly into your blue eyes, which what did you say again? Which climb do we think? You know, if I had to bet it would be the classified documents crimes because those are so easy to prove and frankly they're so dangerous and damaging and we need to send a message that it's just not okay to steal our nation's secrets.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: The DOJ Is Playing Catch-Up but Will Get There
"I thought it was a bad week for Trump, which makes it an exponentially better week for me. And you said another week gone with no accountability though for Trump and his dozens of co-conspirators, and no concrete signs of imminent indictments of any of the suits of the insurrection. This is no way to assure we the people of the legitimacy of the DoJ frustration is winning out today over patients. It really is hard, isn't it? Because it's just the rulings this week, like you were saying with judge Carter. You're like, okay, okay, okay. Yeah, it's weird when you have two of the three coequal branches of government having concluded and announced Donald Trump committed federal felony crimes. The judiciary has been screaming it from the rooftops in various cases when they're dealing with cases regarding the insurrectionists, the boots, the people who Donald Trump ordered to attack the capitol. Many of those folks are going to prison. And Donald Trump, who gave the unlawful order, is out there golfing. That's a deep injustice at play in America right now. You have Congress. Another branch of government that has shown us God bless Congress because they've shown us in the J 6 public hearings, precisely the crimes that Donald Trump committed. only one branch of government that can actually prosecute him. Executive branch, the Department of Justice. So it feels like they're playing catch up, but you know, right now, I'm going to shut my mouth about my frustrations until after the midterms. Because, you know, let's wait it out. Let's not drive Republicans to the polls by announcing on the eve of the midterms. Donald Trump is finally indicted. We'll wait it out. Merrick Garland, you know, he's trying to rebuild the credibility and the legitimacy of the Department of Justice, wait until after the midterms, and then we better see indictments and I believe we will.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: Trump's Actions on Jan 6th Are Unforgivable
"Steph, this was not negligence. This was not incompetence. This was an orchestration by Donald Trump. This came from the top down. He wanted to set the capital up to be taken. He wanted to set the people in the capitol up to be hurt, including Mike Pence. He made no secret about that. Maybe Mike Pence should be hanged. So what he did Steph and I've been saying this since not long after January 6th, he deprived the United States Capitol of the law enforcement resources it needed to defend against an attack. He launched. Think about it. There were only two law enforcement agencies there that day. The capitol police, which is the only federal law enforcement agency under the control of Congress rather than of the executive branch and the Metropolitan Police department, my partners in local crime fighting the city cops, right? Who was absent Marshall service, ATF, DEA, largely FBI, park police. The bureau of prisons, prisons, riot squad. Why do I cite that organization? They were deployed to BLM. They were the federal government knows how to deploy massive law enforcement resources and Donald Trump refused to do it because he wanted the capital to be taken. That's going to be part of this conspiracy, and that is unforgivable.
Stephanie Miller's Happy Hour Podcast
The Jan 6 Committee Is Heading for Prosecution Says Glenn Kirschner
"I had the opportunity to be in the room yesterday with January 6th hearing. And I mean, talk about drama, talk about sort of a powerful presentation. Once again, we see proof beyond a reasonable doubt of Donald Trump's crimes. And what I love is representative after representative, talked not as legislators. They were using the words of prosecutors. I mean, Liz Cheney said that Donald Trump's plan was the premeditated plan to declare that the election was fraudulent and rigged long before the election was really held. Zoloft sort of along the same line said, it was a premeditated plan by Donald Trump to declare victory after the votes were counted. Listen, all of this is foreshadowing for the coming criminal referrals, by Congress. To the Department of Justice. Yeah. I mean, that's the legal term is premeditation. I mean, that's exactly. And I love that you use that term yesterday on Twitter. You said new evidence proves beyond a reasonable doubt Donald Trump committed felony obstruction of justice, the Verily legitimacy of the DoJ is now riding on an indictment of Trump for his crimes because justice matters and I realize you were talking about an entirely different set of crimes and that would be the document theft and espionage and whatever. So take your pick. Take your pick. It's a potpourri of crimes. I mean, isn't it? It's hard to even focus because you're thinking, oh my God, you know, they sure stole the thunder back yesterday at the J 6 committee.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner's Insight Into Oath Keeper Trial Revelations
"So you have been covering, obviously, you've been at the oath keeper trial. Obviously the bombshell is Stewart Rhodes claimed to have contact with the Secret Service agent according to an ex member. Oath keepers founder Stewart Rhodes claimed he was in contact with the Secret Service agent in the months leading up to J 6, a former member of the far right group testified. John Zimmerman, the former oath keeper, testified. He recalled how the oath keepers gathered guns in preparation for the possibility that Trump would invoke the insurrection act. He said of roads he did have a number for a Secret Service agent or claimed it to be a Secret Service agent back in September. Give us your take on that. So, you know, the Secret Service agent angle is interesting, but I think it's a bit of a sideshow and even a distraction because it has nothing to do with the charges against these 5 oath keepers that are on trial. So listen, I've been in there every day. I've gotten to talk, not about the case, but with the prosecution team, my former homicide prosecutors. I know a lot of the folks involved in the case. I would caution them not to go down that side road of Secret Service stuff and what's Trump involved because that has nothing to do with the charges. It's intensely interesting and concerning if Stuart Rhodes is actually in communication with the Secret Service, but mind you, this was back during a rally, a Trump rally in September in Fayetteville, North Carolina, so it really doesn't have much to do with the insurrection on January 6th. Interesting and will probably hear more about it in the future.
Stephanie Miller's Happy Hour Podcast
Glenn Kirschner: Charge Trump in Federal District Court in DC
"Just wanted to get finally your take on in the piece that says the DoJ has the number of options short of carrying out another search warrant. One would be to file a motion in the ongoing court fight over the documents seeking either return of the documents or a statement under oath from Trump that he has returned all the documents one expert said the goal is to get Trump on the record because he has a history of saying things out of court that he won't go on the record for. I mean, we know he's lying. So what are your what would be your prescription for what the DoJ should do now? Enough for the half steps enough of the slow walking enough of the civil litigation if we bring charges if we indict him in federal district court in Washington, D.C., which is where this case is properly brought, that's where venue would be had all of this other stuff melts away. Enough with trying to get certifications that he's turned everything over because all that would be doing Steph is building the criminal case. The evidence that he continues to lie. We already have enough evidence to charge him a thousand times over. Let's move out all the civil litigation nonsense and judge cannon and the rest of it. And charge him in federal district court in D.C..
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"In other news, when I don't know where you end, and I begin, I thought it was an original thought, and then I realized I read your tweet, and I thought, oh, I stole that from Glenn kirschner, but it's not really stealing when you just organically, I thought it was my thought. I was like, oh, no, that's where I got that idea. Is you tweeted. So agencies in which Trump installed lackeys, DHS, DoD, USS, some installed after he lost the election wipe their cell phones. Okay, and what other agencies EPA education labor agriculture HHS or just the agencies that may have joined Trump's effort to retain power. That's a really good point. I'm waiting for some great investigative reporting on precisely that point. I'm hoping that the agencies that took note part in trying to keep Trump in power unlawfully also didn't wipe their cell phones, right? Because they didn't need to. It's the agencies. I mean, think about it. After he lost the election, he put in a new Secretary of Defense for two months. Chris Miller, so Chris Miller could do precisely what Chris Miller did. Make sure the capital was set up for failure and then wiped his cell phone. Come on now. What do we look like? And speaking of this whole theme of lying is that we're looking at in the Alex Jones trial, so Chris Miller goes on Fox News and lies. That oh, Trump ordered, you know, 10,000 National Guard troops under oath has to say, you know, like Alex Jones had to say, sandy hook was real. Like, no, he did not order. You know, national lied to the American people on Fox entertainment. I don't call them Fox News. That is actually part of a criminal cover up. That's chargeable as a crime. I'm appreciative that he told the truth under oath before the J 6 committee. But when you lie to the American people trying to cover up Donald Trump's crimes, you're committing your own crime of accessory after the fact that miss prison of a felony. So keep it up sports. I'm so happy to hear you say that because how many times have we heard, well, it's not a crime to lie on Fox News, otherwise they wouldn't have a network. I mean, it should be. It can be a crime. It can be a crime. We just have to investigate it and indicted. Yeah. And you said looks like a conspiracy for the ages, I served in the federal government under every president from Reagan to Trump during that time I served under ten United States attorneys. I never recall wiping our cell phones when an administration turns over being a thing. Again, the key question keeps being, are we going to find all of these? And because, like you say, it is the biggest conspiracy in our history. It looks like, you know. You know, I don't know, I am the last one to render an opinion on the capabilities of recovering, deleted electronic data. I am E incompetent, really bad. That's why I have my whiteboard and my legal pads. And I've heard your thoughts on autocorrect. You have not been able to. But here's conquer autocorrect. The way to invest, way to investigate these deleted texts is to subpoena every mofo that wiped their cell phone and asked them to lines of questions. One, why did you do it? Who directed it? Et cetera. And then the other is we want to know what you spoke with and what you said to them on and around January 6th.
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"21 when this happened, does that negate the minor part of that? Let me see if I can find. Oh, Glenn, hi. Yeah, first of all, lawyers are the worst. I can't. Self loathing, maybe. But here's the thing, Chris, it's an excellent point because to answer that legal question. You know what we have to do? We have to bring a charge. And we have to let the courts decide. We are so determined as lawyers. And as prosecutors, to self edit, like when people say, well, I don't know if we can prove Trump's criminal intent. Well, first of all, yes, we can. I've heard that, but yes, we can. Yes. Let's maybe we co opt that. And we apply that to whether we should charge Donald Trump. Yes, we can. But really, the only way to definitively figure it out is present it in court and let a judge decide. And let a jury decide because we can engage in legal naval gazing all day every day about is this enough? Can we prove that? The only way you know is if you take the legal, maiden voyage. And does it sound like recklessness for the father of this mass murderer to have done what he did that enabled his son to do what he did? It sounds like recklessness to me, but the only way we know is if we bring a charge in, we litigated. And there's no shame in losing a difficult case. But there's nothing but shame in declining to bring a case for fear of losing. Let's go back. Why can't you run for president? Was that thing that happened with the guy in Reno? I don't think I can, I can be a fundraiser. I'll tell you what, Steph, if we go to publicly financed campaigns, my hat is already in the ring. All right, and I should say that guy in Reno had it coming. If I need to testify for Glenn. I'm just kidding. It's a little joke. Steve, where's Steve? Half moon bay, California, you're on with Glenn. Hey, Steve. Let's discuss the Dixon memo. What's attorney general Glenn kirschner going to do to end the Dixon memo and unconstitutional taking of power by DoJ? Thanks, guys. Great. Okay, Steve. What memo is it the one you can't prosecute a sitting president or which I think so. Okay. Oh, Nick, did he mean Nixon memo or dick? I don't know what he meant. Go ahead. The OLC memo. That's why I think first of all, that is a horrific opinion that you can't prosecute a sitting criminal president. That, you know, I've always said that we don't become a banana republic by prosecuting criminal politicians. We become a banana republic by refusing to prosecute criminal politicians because I contend you can draw a straight line from Nixon getting away with his crimes, receiving a proactive blanket pardon from Gerald Ford, a straight line to what Donald Trump knew he could get away with. And he still getting away with it. And by the way, 60% almost want Trump prosecuted already before we've even reached the end of the January 6th televised hearings. And let me just say watching, what is what I love gaslit? Yes. The series, I just finished watching. The reason Ford lost is that he pardoned Nixon. Yeah. They wanted justice then. We want largely we want Americans want justice now. For Donald Trump. Let me go on record as saying Donald Trump will be prosecuted. I happen to believe I happen to believe he will be prosecuted both in state court and in federal.
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"Tweets. I wonder if There are radicalize q. Horses who are refusing ivermectin for their worms and instead taking the pfizer. Cobaine backseat okay. That's funny see. This is why we need comedian. particularly comedians. like my friend. Ben glebe who joins us now on zoom because because cova because. We can't have nice things you were going to be in studio but we have our friend. Sean is leaving to take care of his mom with Cancer and a couple of weeks. We're all just you know. Ben having to be double extra careful again because of delta and because of kobe idiots right look i understand i was gonna shower and everything but you save me of that need. That's the beauty of it. You don't live near anything in the world so really makes it a lot easier to this way but yeah people learn to your house for your birthday party because we thought oh woo. everything's opened. Everybody was vaccinated at your party. This was a couple months ago or something we're like we're we thought we were excuse. My life is back party. I had huge balloons. That said life is back. I now boasted it and then we all made. It was outside. I was like. I fell in love with your mother. That's another long story but you know i. I spoke hebrew tour. I said on the data. She says something. I said gonna nemo ticket was really ben. You missed it. Yeah tove may owed my god and now here we are again right delta delta very and and there's a new one that is starting to circulate into countries that i'm like oh my god this is that's even more infectious supports than delta. I mean it is so depressing isn't it. I mean it's incredibly depressing. I i just did a a disaster trailer parody for this talk show hosted and it's a mediocre heading towards earth that is going to destroy earth and we have to get on pods for or we die and already fragments of the media or have hit earth and the guys like i'm not getting your liberal space thingy and we're like what do you mean the meteors already hit your homes. Your house was destroyed last night. That's what the lame stream media wants you to think. And then the guy looked goes goes look out the window you can see the media right now. And he sees it reflected in his glasses and he goes. I'll believe it when i see it. That is reality. We keep talking about the idiosyncrasy but it really is like people are eating horse. Pace washed down with brando. Because it's what plants crave. I mean we really this video. You did so hilarious. Because we've heard of these cove video down here in huntington beach. it's their anti vaccine restaurants. You went in like undercover What's i don't even want to say the name of it it's a self styled bastion of noncompliance with kobe..
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"That's a great point. I you heard missed all talking about sending federal doctors in you know. There's obviously a lot of ideas you know the president of the doj said. They're looking at it. Nancy pelosi said congress will look at it. What do you think the best remedy is here. What can and should happen. Glen i think ultimately the courts will strike at that. Strike this down. I actually think the texas state courts once these cases are filed will say. This is not the subject of a lawsuit. It doesn't matter what empty headed governor. abbott says. it doesn't matter what the texas taliban legislature says. In order to bring a lawsuit you need standing and you need damages and you have neither. You just don't like the way your neighbor exercised or constitutional rights case dismissed. It's not going to withstand court challenges. I predict even in the state courts in texas and the supreme court yes. Five justices had absolutely no allegiance to the law to their own case law of roe v. Wade so they're not going to take this up on an emergency basis at the end of the day. They're not going to allow us to stand. Now that's a different question for what from what they're gonna do. In other cases that are already scheduled for hearings like the fifteen week abortion case. That's pending before them. They could very well undermine roe v. Wade cut it back or do away with it altogether but it won't be as a result of this ridiculous texas law yeah So looking at a piece of the staggering implications of the supreme court's texas antiabortion. Because a lot of this is obviously legal. Gobbledegook google for most of us. So that's why we have you. But i this is they said. Spa relies on a highly unusual enforcement. Mechanism i think. You've alluded to this. But no state officers permitted to enforce the statute instead. The law permits any person other than an officer or employee. This is how they get around this right To follow lawsuit against an abortion provider. Anyone who aids or abets the performance inducement of an abortion. A plaintiff who prevails and such a lawsuit is entitled to a bounty of at least ten thousand dollars paid by the person they sued talk about a slippery slope of my or who clearly has no apps left give said texas lawmakers fashion the scheme because because federal constitutional challenges to st louis ordinarily are brought against state officers were in charge of enforcing the law. So if no state officer enforced law. It's unclear whether anyone can be sued to block it. The supreme court's order joined by five conservative justices effectively blesses this method of evading judicial review. If texas can avoid a court order blocking its antiabortion. Law by delegating enforcement law to private bounty hunters soak in any other state and florida's already said bright. Hold my beer right. I mean this is the joy an Avoid judicial review right so think about it if legislatures can start passing laws handing off the enforcement of those laws to the citizenry than how congress pass laws ending off the enforcement of those laws to the citizenry. Because i know who. I'd like to go out and start locking up. Yeah yeah so a couple of other things on here allowing lauda stand violates the obviously supreme court ruling on it means that it means the constitutional right to abortion is effectively dead states. Now have the power to ban abortion for the first time since roe v wade while it's theoretically possible to court could reverse course in a subsequent litigation strike down espy eight the sort of justices who would allow such a law to take effect exceedingly unlikely to do so and the courts already planning to hear a case in its next term which you just referred to which it can overrule row explicitly..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Up the dangerous fokker out. In the community that you work toward superseding indictments to build your your case and include all of the crime. So yeah i. I like your theory but i still think donald trump should have been arrested already. Yeah and what was the point of getting don mcgann's second testimony. If not to make a criminal referral an arrest arrest donald trump. I don't get. I feel that i feel like everyone. Sorta like all right. We did it. We got it. We're done and that bugs me your new too. But until i get into the announcement from the department of justice saying they aren't pursuing those charges. I'm still going to give them the benefit of the doubt. But you're right. Timing is a factor and you know the other thing. Is this still irks me. We had michael cohen. As a co-conspirator plead guilty to campaign finance violations at the direction of and for the benefit of donald trump. Can somebody explain to me why. Donald trump has not been charged with those crimes. That's a ready made. Ace now i this. I can actually make more when telling counteract mint and it's it's a little bit down in the legal weeds but people will say well. Michael cohen may have played pleaded guilty to something that was a little bit an overstatement. Remember how we couldn't convict john edwards of campaign finance violations. Because i will agree that proving that it's a thing of value this kind of campaign information that you could either exploit or berry Is that a thing of value. Statutory people may say well. Michael cohen may have pleaded guilty to more than he really could have been convicted of at trial in his zeal to provide information against donald trump. So i get that. But i would still have given it a go. Because that's something when you commit crimes to seal an election and then you hold up the presidential shield that you stole as protection against being charged for those crimes you gotta you gotta give that one a try and the judge told the prosecutors in that case you either need to close this case or or charged someone else and they. They chose to opt to close that case. I think that was under berman. I could be wrong but that doesn't preclude prosecutors from reopening things that hadn't been charged right. Is that correct. Yeah so anytime of prosecutorial decision is made that we don't have enough evidence to charge a case or we won't we don't charge a case for some reason. That decision can always be revisited. Like because don't charge a sitting president you don't indict a perfect example perfect example. He's not sitting you have to worry about statute of limitations too though because most crimes carrying a five year statute of limitations. So if you don't act in five years you may lose your opportunity to charge somebody. But you can always file indictment under seal. Sit on it. But i don't know that they did that in this particular case but yeah we do have we do have a statute of limitations. Although i will say for the obstruction stuff i would consider the dangled pardons and the execution of the pardons right before he left office as when that sort of statute of limitations start to toll right so it would. The obstruction of justice took took place in two thousand seventeen which means it expire in two thousand twenty two. But if you count the pardons which were the completion the cherry on top of the obstruction stuff. That extends it to to christmas of twenty twenty-five if conspiratorial acts are continuing than the statute of limitations doesn't even spark running right. So i mean and when we look back to the campaign finance crimes remember. Yeah they were committed in two thousand sixteen but remember. Donald trump was still writing. Michael cohen reimbursement checks from the oval office. So that extends the statute of limitations because it was an ongoing conspiracy at that point. We'll we'll keep on top of all of this and sometimes no news is good news if they're holding it close to their chest. I appreciate your time today. Everybody please check out justice matters. You must just google it. You'll find you'll find glenn and follow on twitter glenn kirschner. I appreciate your time today. Thank you everybody. stick around. we'll be right back with goodness. Hello everyone it's alison. Gill feel tired and worn out of the end of the day with headaches. Watery eyes and you can't figure out why it's probably because you've been staring at screens all day. I used to get terrible headaches. Tired and sore is because i'm on screens all the time looking at the news reading the news doing social media writing scripts reading scripts and then back to the news..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"You need a you need an agreement between two or more people to commit crime and then you simply need one conspirator to do one thing toward the commission of that crime. Jeffrey rosen authoring. Those six letters circulating those six letters among other doj leadership in preparation for sending those letters which reportedly he never did faxon overt. Act with stephanie rule. This morning i said let's use this as an example and i often pull stephanie. The my hypothetical crimes. I said steph. Let's assume you. And i are going to rob a bank. I go out and get a gun. You go out and rent a car. Because we're gonna use a rented car to rob the bank and the next day we decide for whatever reason to abandon our plans. Were not going to go through with it. You know what we've done. We've committed the crime of conspiracy to rob the bank because you don't have to commit the underlying or agreed to crime to be guilty of conspiracy at a minimum. Donald trump and jeff clarke are in a conspiracy. And there's no way on earth that the department of justice is not investigating this. Yeah and that's a really great example. Because i want to bring up some of these a lot of these defendants boot like boots on the ground foot. Soldiers in the insurrection are being charged with conspiracy to obstruct a congressional thing right even conspiracy to aid and abet those known and unknown to do the same and they all. They often bring up the fact that they attempted to do this. And in fact these foot on the ground guys did do that. We delayed the verification of the certification of the election for eight hour. Seven eight hours right so they actually were successful but they put that in there too as a notation to say. You don't have to be successful. But they were and you. And i have also talked about how that sets up the generals right the people who funded and incited an instigated this. Because if you've got a couple of hundred people admitting that they aided and abetted somebody who wanted to obstruct this the verification and they did over acts which they lay out in the indictments to do that that implicates people higher up doesn't it it does. And and here's what here's a phrase. I don't think you've ever heard me other before. Let me take up for the funders and organizers for a minute okay now the generals donald trump don jr. bo brooks rudy giuliani. They in back expressly incited the insurrection. On january six those are the generals who set the foot soldiers on the capital to attack. It they're all guilty. They need to be indicted. But let me take up for a minute. For the organizers. And the funders. If i was among the organizers and the funders and what i knew was that we were going to have a big rally on january six and i helped fund and organized the rally. And here's here's what the defense would be. But as a funder and an organizer. I thought donald trump and company were going to say. Let's go and peacefully protest. What's going on at the capital. So the funders. And the organizers are going to have an out and the out is i didn't know donald trump mo brooks rudy giuliani and don jr. We're going to be as reckless. And as overtly criminal as they were when they incited something that yes i funded and organized. This is a fact intensive endeavour that the prosecutors have undertake to see who should be charged among the funders and the organizers but the insiders aig the insiders need to be indicted. Yeah there's even a chapter in hatchet man which is l. e. Elian book about not facts. You have to. You have to go with the facts where there was a gambino crime family investigation and two guys were sent out to beat the beat the hell out of a guy and they got the driver to flip and the driver said and they shot the guy right instead of beat beaten beating him up hospital beating and they flipped the driver and the driver told the prosecutors. We were all surprised when the guy came up and started shooting. We were supposed to put him in the hospital. And that was the order from gaudy right and so therefore they couldn't go after godley for attempted murder because that wasn't the intent right there right. The intent was just to put the guy in the hospital. That's sort of exactly what's happening here. With the out for people who funded the insurrection and helped organize it and so those facts are important and sometimes they don't go the way you want them to go but you have to file the facts. Every case is a fact intensive unique set of circumstances. And you're exactly right. You have to follow the facts now. What i will say is when there is a conspiracy to for example scare somebody with a gun and the end. So that is the agreed. Upon crime you can extend criminal liability to all natural improbable consequences that result from the crime. You agreed to commit. And if you agreed to commit a crime with a gun and scare somebody and some of the co conspirators. Get a little over enthusiastic. And they shoot the guy. I maintain as a prosecutor that because it was a natural improbable. Consequence of the crime agreed to. You are also on the hook for all of the crimes by all of the co-conspirators. That's really interesting. I have a question for you about why we haven't heard about a criminal federal investigation into at least the clark trump thing but we do have i g inspector general and senate investigations and we wanna mention the interesting nature of a saturday session with the senate but i do have to take a quick break. We stay with me. Thanks everybody will be right back. Hello it's ag with daily beans and the seven of the pot is brought to you by upstart when you carry credit balance month after month especially with those high interest rates..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"From a ten count indictment against human from colorado and utah. Now massa's remarks highlight the challenge prosecutors faced in defining the most severe criminal conduct allegedly committed on january. Six prosecutors have employed obstruction charge rather than sedition insurrection counts accusing at least two hundred thirty five. Defendants of correctly disrupting congress's certification of the twenty twenty electoral college. Vote so attorneys for braiding. Olten and patrick montgomerie claimed that specific offense did not apply to them arguing that the join house and senate session that meant january six does not qualify as an official proceeding of congress which is a fucking crazy argument and they were certifying about mostly clear. He was not persuaded by that claim at this point. Thank god but in the pursuing of similar challenges brought by more than a dozen capital riot defendants in eight cases. Moss ordered further briefing by all sides over the underlying question of how the justice department distinguishes felony conduct under the statute punishable by up to twenty years in prison for misdemeanor offenses such as shouting to interrupted congressional current moss who was appointed to district court for the district of columbia in two thousand. Fourteen said that the government could face a constitutional vagueness problem if it cannot Excuse me articulate and mess. Up particular laid to put clearly unnoticed. How corruptly obstructing. Your influence in congress differs from ordinary trespassing parading or disorderly conduct in the capital lesser charges lesser charges. That are punishable by no more than six months in prison. Is this big deal. They need to fix this. We knew this one. I think you said this one of the first charges may charged first person. The way they did it we were like this is going to sit a really bad precedent but ford is coming to ahead..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Your perspective much more interesting and entertaining than most other sources of news. Thank you. This is a two for a correction and a pronounce. The place name silicon valley. I love what's coming next. This made me my age pronounce it correctly. Dana had some issues. There's an under. Silicon is the element used in the manufacturer of computer chips. That gave its name to the santa clara valley. Where hewlett packard apple and so many manufacturers were founded silicone is a polymer that contained silicon to form a resilient rubbery material most famously used to help breast cancer survivors. Look like they did premiss tactic. Did you just say silicone which contains silicon. 'cause i feel like that's what you said. I do hope it so that at least for even silicone is a polymer. That contains silicon. They we go. Yeah yeah perfect. That's the boob stuff. Yes it is for the pet tax. I sometimes i say. Silicon valley sometimes say silicone valley or silicon instead of silicon. I say silicon. But i never say silicone and i go back and forth like i. I don't. I can't tell which i like better honestly and i used to have issues so i had issues staying ahead some issues for the tax. I've included harbinger an informal neighborhood adoption. We feed him he hunts. it's all good. Msw beans has always been my commute goto alison at lunch. Thank you for all you do. Look beg cat those is that is a sexy that is like that cats here. Come come here with of all kitten pictures. Okay thank you so much for the correction the gentle correction. I'm glad you've been listening for so long. And we shall continue. This is from kristen pronouns. She and her. I have had incredibly bad luck when it comes to romantic relationships you let people talk about red flags. Well i like to see. Just how many red flags. I can get things to being burned. Eleven tv billion times. And the pandemic. i haven't dated for several years and it's been even longer since i was a healthy adult relationship resorted to dating apps to get some ego boost. But they've just lead to more frustration when communication fizzles out quickly or my matches. Don't respond well. The good news is i've had a couple of really great dates with someone from one of those apps. He seems fantastic. He actually wants to see me is fully present conversations flow easily we aligned politically and he's really good sponsor but when asked the i added the bonus of the only downside is we have basically opposite work schedule so as someone who's love languages quality time. This is worrisome for me but for now. I'm just enjoying the butterflies. Louie gohmert game in my family who. We want to emphasize the intensity of something. We use equations. So here's mine you know. How much a douche canoe gates's and that to how relieved we all were when the election was called for biden multiply that by the handsomeness of mccabe. Now raise all of that to the power of the combined cuteness of all the animals that have been submitted through pet tax. And that's how dumb. Louie gohmert is equation was also for tags attached as a picture of louise with her day-old kittens. Oh oh my god l. Louise was a foster that my neighbors. Kitty sat while her foster parents were out of town sometime. Mid to late september she and her kittens would be available for dopp shen through Connect that's a rescue in dc area and that's amazing because look at these baby the little white kitten just buried in there you can see like sticking out tale. Let crunched in the the. Gosh all these are little black kitties tuxedos except for the one mama the one that looks like mama. Shoot so adorable. Thank you for that photo. And that's a great equation on how dumb..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"They are investigating the potential complicity of members of congress. They are investigating their way up the chain. We do have to be patient as difficult as that. It's generally you don't ask questions like that unless you've got some sort of evidence right exactly. You've already got the phone records between i. I'm going gonna say hypothetically. Lauren bogaerts office beyond the insurrectionists right. That's a real. That's a real hypothetical going out on a loom. They're glenn going on a limb on the trees and forest. I love that by the way. I'm calling this episode of the trees and forest. Yeah i also generally speaking. And i'm with you. I want that more transparency. We're adults you know like talk to us like we're grownups department of justice. Because you know you. And i were talking a little bit before. We started recording about the wilbur. Ross thing that they're not. The department of justice is not going to prosecute for lying to congress which is a one thousand one charge. But they didn't say why and the justice department isn't commenting on. Why and i wish they would tell us. Because the answer is probably technically. We can't get him on one thousand one. Because he said wilbur. Ross told congress at the department of justice was the sole reason are the sole per contributor to why we put that question on the census about citizenship citizenship. Question now truth be told there were other agencies and people working behind the scenes to come up with that question and then they told the department of justice to make that recommendation and so technically you know i mean if you wanna get technical about it you could probably say it's not a lie to say the department of justice made the recommendation and that's solely. What we went on was the department of justice recommendation. It so you might not have a good case for one thousand one. But they won't tell us why. And that's all i want i i'm with you. I don't think it's too much to ask. And we want to know more. We are adults and we can. We can handle the truth. But we're adults on the edge and we actually need more information and more transparency. So so the government can rebuild. Its relationship of trust with us. Listen ordinarily if they prosecutor told me. Listen i've assessed the evidence. And i don't have enough to bring a charge. I was willing to accept that because that was something. I the do hundreds and hundreds of times the problem is it after four years of humbled trump and bill barring jeff sessions. We have no confidence that if a prosecutorial decision is made to prosecute or declined to prosecute then it had anything to do with the evidence that bitter did not support the charge. It had to do about whether you were friends of donald trump. mike. Flynn.
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Own judgment and commitment order and the jury knows not only did he plead guilty to doing something together with these other people. I'm trying to convict. But he's still hostile because he's lying about it they can force. The process is a tried and true tactic. We only do it if we're really being aggressive and we really wanna hold the bit. The pins and the top dogs and the big criminal fish guilty. This is what we do. And i hope they're they're gonna do it. You put hodgkin's on the sand you say sir on such and such a date you weeded guilty to obstructing stopping what was going on in congress. That is a building block piece of evidence that we can use whether or not. Hodgkin's is cooperating. With whom yeah. And that's exactly kind of what popped into my head when you said what he had pled guilty to because like you said. This isn't just trespassing or a violent entry or anything like you know just those initial charges that they scooped everybody up with at first. So that's really really interesting tactic and thank you for getting into the procedural weeds in the trees and forests us. I appreciate it. I wanted to ask you just in general before i let you go. We haven't heard any thing about anyone above sort of these at least a proud boys and oath keepers and three percenters leaders. Anyone higher up being even investigated. I take that back. I think we did hear from the washington post in february on february twentieth that they were in fact investigating roger stone for his role in the direction. But do you think we haven't. Everyone seems to be very impatient. They're like throw the cuffs on donald trump. Now and i keep trying to say that would be bad. We have to have an airtight case. You have to complete the investigation. You don't want you know. Think of different defendant in those shoes in you. Don't you don't do that right to. Can you kind of explain why this is taking as long as it's taking which is appropriate actually. It's going pretty fast i think. And maybe hopefully what we can expect down the road when we should start passing judgment on them. Not investigating the leaders. Yeah that's a great question. We are all impatient and the reason we're impatient.
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Welcome back we are talking with. The host of justice matters former federal prosecutor. My friend glenn kirschner and glenn before the break you mentioned that this this particular defendant pleading guilty to a felony of obstructing congress in a proceeding. Which was verification of our election. Was a building block to work your way up the criminal ladder because when you mentioned the importance of the charge and the felony what clicked in my head was. This is probably bad news for the people who incited this riot. Can you talk a little bit about why and how. This is a building block for going up the ladder. Sure so charges like assaulting police officer which are horrific charges like unlawfully entering a federal building charges damaging government property once. You're in that building. Those are all Your legitimate charges. They should be prosecuted their contemptible. But what's what's really think most dangerous for the people who funded organized and incited what happened that day is when the people that they incited plead guilty or are convicted of going there to stop the democratic process because that is what trump don jr. mo brooks rudy giuliani and others urged them to do go down there and stop the democratic process. They called it a steel. Which is a win win prosecutors. Because they were lying to the people they were urging.
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Important here is this mob of insurrectionists tried to stop democracy dead in its tracks in a in a violent way even if they didn't each entre police officer so i i don't understand the judges rationale and doing it and he certainly didn't explain it this old prosecutor satisfaction and i don't think the general public's satisfaction if you listened to what he said you know because i mean sure you take these mitigating factors into account the fact that he's never committed a crime before that puts you at the low end of the sentencing guidelines which is fifteen months right and go not half of that and also. How does this impact besides all of now. All the insurrectionists are going to be like. I want. I want my child i want to go to trial. I don't i'm not going to cooperate. Et et cetera. This sort of sets a precedent for other judges sentencing. Now doesn't it yes or no. Each sentencing is intensely unique. It has to do with the the background in the history of the offender. It has to do with the exact conduct that that defendant committed while in the capital end. One judges sentencing determination doesn't bind and it's really not even all that persuasive to another judge when he or she is approaching an intensely unique sentencing. Hearing so this you know it does some atmospheric damage not because other judges will follow it. I actually expect you're going to see other judges push back against it and say i understand my colleague down. The all gave an insurrectionist eight months. Let me tell you why. I view this very differently. That's what i think. We're going to hear some judges saying moving forward. What it really does. Is it damages the the sort of atmospherics and the psyche of all the other insurrectionists who now they maybe they're going to get off with wider punishment than they otherwise thought they might yeah especially with the jammed up court. I mean we've got five hundred thirty five cases now and there's there's more coming and you know. I know that they are trying to save the trials. For the most egregious conspiratorial you know heavy indictments there and so that you couple that with this light sentence and you've got a bunch of people who are gonna not cooperate for very much you know what i mean. They just cheapened it. Now the flip side of it. I mean the the fact is that Hodgkin's pleaded guilty to a felony. That's a good thing. The felony wasn't just damaging property and it wasn't just unlawfully. Entering the capital it was to obstruct the election certification. That's a good thing.
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"Was very apologetic. Took responsibility and he said. I'm ready to take my excitement. It was actually a pretty impressive of statement by a defendant. And i've seen probably thousands up so then the judge started default and the judge. Talk a good game. He said the kind of things that federal judges in nbc have been saying about the insurrection. Let me just quote three sentences that appear in the prosecution. Sentencing memo judges in the district of columbia have said and i quote violent reach of the capital on january six was a grave danger to our democracy. A singular and chilling event in us history raising legitimate concern about the security. Not only for the capitol building but of our democracy and the actions of the violent mob particularly. And here's where paul alar hodgkinson sorry comes. In particularly those members who breached police lines gained entry to the capital are reprehensible offenses against morality civic virtue and the rule of law. The judges have gold gone on and on about how bad this is how dangerous it is to our democracy and judge. Moss said some of those things. He was the presiding judge today. The prosecutor wanted eighteen months in prison. The guidelines sentence was fifteen to twenty one. Months and then judge moss. Said some only going to send you to prison for eight months. I thought i misheard it. I listened to the entire livestream of it but no said eight months cures the most important point the guidelines are there for and the reason is similar offenses should be sentenced. Similarly and when the guidelines say somebody who obstructs a congressional inquiry and this is not a congressional inquiry into agriculture prices. This is a congressional preceding by which our.
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"It brandon scumbag welsh. What the fuck. I boop boop boop boop boop josh chain gang. I'm already know emmys. These assholes are facing up to thirty years in prison. If they're convicted so like nine months right they'll get they'll probably get probation. I can't. I'm sorry people that were just over today. Another member of the group. This is michael curzio. He pleaded guilty monday to participating in the storming of the us capital january sixth event. He was sentenced to six months in prison but was set to be released from jail this week. After receiving credit for time served so yes this is going to get more and more frustrating and rightfully so because this is a bunch of bullshit but these guys can face a lot of years. So we're going to see what happens with these indictments sixteen members of this gang this gang. I can't call the gang scumbag and chain gang. And one. I i mean shrek back a kuna matata like what else is in this gang donkey. Send in your gang names for us. I would love for you to if for you guys to contribute to this area nation. Guess send those and feel free to send him in. If anyone wants to actually create a nickname generator for this gang. That would be extra fund gone. Send it to in casper well to us. Should the friendly ghost. You could send them to us. Daily beans pod dot com and click on contact. I would love to hear your ideas for gang names. Our next story is from government executive today and it says the biden administration has declined to prosecute former trump officials including former commerce department secretary wilbur. Ross after inspector confirm they provided false testimony regarding the origins of the proposed citizenship. Question on the twenty twenty cents s. The commerce inspector-general launches probe in two thousand nineteen following a request from lawmakers. The investigators did not make their report public citing privacy concerns but said in a letter to senate majority leader chuck schumer and carolyn maloney representative from new york that ross another officials played a substantial role proposing the addition of the citizenship question on the census. The proposal caused significant controversy. As critics said it would deter non-citizens from participating in the count as it was eventually struck down by the supreme court. That question ross twice told congress. The addition of the citizenship question was based solely on request from the justice department. But the inspector general found ross misrepresented the full rationale behind the decision. It's findings follow publicly. Disclosed e mails the clearly demonstrate that the role that raw and the white house and other commerce officials played well before the justice department became involved. His prim court noted the political influence when ordering the removal of the question. The supreme court actually cited quote evidence shows. There were significant communications related to the citizenship question. Among then secretary his staff and other government officials between march twenty seventeen and september twenty. Seventeen which was well. Before the department of justice request memorandum evidence also suggests the department requested and played a part in drafting the doj memo. Inspector general said it presented its findings to the justices public integrity section of the criminal division but the department declined to pursue prosecution under the trump administration justice similarly declined to prosecute ross and others after democrats voted to hold them in contempt for refusing to turn over documents relating to the citizenship question. Justice did not respond to an inquiry as to why it declined prosecution. And that's the part the fucking bothers me. Yeah i'm very bothered that they didn't take prosecution but i can see how they wouldn't win. This would be the argument wilbur. Ross would say look. We used the memo from the department of justice as the sole thing that guided us to add that question. Sure we told the doj to write the memo and sure i had a lot of meetings about it beforehand emails and public staff and shit like that but it was that doj memo that corruptly help right. That was the sole thing. I wasn't lying and he would get off on a technicality. Just like sessions got off on a technicality. When when he said he never met with any russians he did but not in an official capacity that we're in his calendar. Had note takers and shit present. You know right just like cavenaugh. Didn't say he sexually assaulted. You know christine but yeah it. Just wasn't officials in his calendar and i'll i'll talk to glenn a little bit about this later on in the show but i mean if you don't have a slam dunk case you don't bring it you know. And if they can't prove that he lied which. I don't think that they could but they don't tell us and that's what fucking pissing me off. I'm not nine merrick. Garland you can tell me why you're not bringing charges. I think. I guess i shouldn't have to guess. And if you're trying to earn my trust back you suck at it right now. Do you know what i mean. Yeah i do i do. I think we need some good news. Yeah we think we need some good news in the hot notes. So i'm going to give it to you. We're going to minnesota. The governor tim. Walz is a democrat. Not surprising to anyone. At this point on thursday signed an executive order significantly restricting the use of conversion therapy in the state. There's no scientific evidence to support the use of conversion scumbag. Come on shrek. i'm trying to get through a story. All right there's no scientific evidence to support the use of conversion therapy and that's according to the human rights campaign which says the practice can instead lead to depression anxiety and suicide at least twenty states plus washington. Dc in puerto rico have banned the controversial practice. This is a quote. We want you to be whoever you are and that should seem pretty simple statement. The fact of the matter is it's not in. This is from waltz. He was addressing the state's lgbtq community. He said our kids deserve to grow up in a state that values them for who they are not one that tries to change them he went on to say. This executive order aims to protect young and vulnerable minnesotans from the cruel and discredited practice of conversion therapy and affirms that the lgbtq plus community is an integral part of one minnesota ending with we call our partners in the legislature to move a comprehensive ban on conversion therapy across the finish line. But we will not wait to do. What's right so this is explanation. Waltzes executive order restricts conversion therapy by directing the state health and commerce departments to request declarations from health maintenance organizations and health plan companies. Bet they do not cover conversion therapy so it also requires the health department to report on the public health impacts of conversion therapy. In addition the state human rights department will also investigate and pursue civil enforcement actions against health providers who engage in practices related to conversion therapy. Fuck yes and the human services department is not allowed to pay for. Conversion therapy uses with state funds. This is a big deal so those are the key points there now. The reason he didn't fully out right ban it is because he can't by executive order that something the state legislature would have to do which is why he's putting it to them and putting his weight behind it saying we need to push through. We need to do this absolutely and he's got to do. What's right now as much as i can. I have to so that's fucking awesome. Good job. I am happy with that guy. I am well. At least we're happy with someone you know. Thank you for bringing me out of my funk. There governor and dana. We'll be right back with the host of justice matters former federal prosecutor..
The Daily Beans
"glenn kirschner" Discussed on The Daily Beans
"University's vaccine mandate the governor of minnesota restricts conversion therapy in his state and sixteen members of a florida based white supremacist. Gang are indicted. I'm alison gill. And i'm dana goldberg. Hey dana how's it going today. Gm tuna right. How are you. i'm doing well. You're gearing up for some travel. You tomorrow travel day for houston. You're going to be Out you won't because in the show with me tomorrow but you'll be back. When for friday show no for thursday. She went his dab for thursday. Show yes. I will be back for thursday show awesome. Yeah well safe travels to you my friend. Thank you thank you. i'll be messed up. Gloved humping rabbit bunny suited up and has matt suited found. I'll be fine. i'll be fine. Good good yes stay safe. Stay safe out there with delta variant. I'm going to be talking later in the show with my good friend glenn kirschner twenty plus year federal prosecutor in dc. We're going to discuss the miscarriage of justice. I mentioned at the top of the show that went down in the dc district court this morning when a judge handed down a sentence of only eight months to an insurrectionist where prosecutors were seeking eighteen months and the federal sentencing guidelines are fifteen to twenty one. So and there's gonna be more of those you know it's going to be frustrating but we still have to soom. They're moving in the right direction. The i don't know though this this really kind of fucks it up for all the other prosecutors. I'd be i'd be pissed. If is a prosecutor in dc right now so we're gonna talk to him a little bit later. Because as he says justice matters but beyond that we do have a lot of headlines to get to dana so let notes hot notes. Okay for the lead story. I'm gonna rachel maddow hugh today..
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"I just have to as of fantastic prosecutor for many years. I mean we always knew this was a clown show glenn but this it's hard to pick the part of the reporting but so his second impeachment fewer lawyers are willing to work with him One who was david show and had a meltdown moments before they were about to begin the trial. Oh and then there was adam. No one knew who adam was but the team was waylaid leaving for the capital in their caravan because adam was taking a law school quiz zoom. We've gone through all the lawyers. Were now down to law students. So i know you're a law. Professor they law student and david show who. Let's just go through. This shown had now gone into a sullen alarming funk a strike of sorts it suddenly seemed only a day before the trial was to begin here was stopped. The trial crisis bruce. Castor had not provided a place for showings college age. Son simon to sit on the senate floor it was hardawy why someone would take on the defensive. Donald trump most lawyers over and over again had run from the opportunity. Where simon gonna sit. There is no place for simon. I was told that kids have simon with me shown was about to hyperventilate. As mcconnell aide stared in shock in the cold orbit of donald trump. That was only one. Man's feelings usually prevailed. This was a weird human meltdown. No one knew what to do. I was told. I could have simon sharon repeated. The room refused to look up or look at each other confounded by the idea that trump was about to be defended by a lawyer who seemed lawyer seemed about to cry. Showing flint folded his arms and explained that others have assistance and he has anyone caster. Explain that there wasn't a lot of room and it wasn't as if simon was involved in the case. Simon finally said dad dad. It's okay just moments before. The trial began finally moments before the second impeachment donald trump looked about to collapse into absurdities function. Tears with each person in the room like all people who had found themselves in trump were wondering how they had arrived at this freaky place. I mean what we saw and of course you can..
Stephanie Miller's Happy Hour Podcast
"glenn kirschner" Discussed on Stephanie Miller's Happy Hour Podcast
"We wrote into happy hours. Jody hamilton happens to be here today. Were recording happy hour. Because i'm wearing my all. I want to drink wine and pet great periods t shirt. I don't drink whining. More joni striking for two of us for two now. Yes at nine o'clock and i'm a pedigree and perry's yes now's i can't sleep okay. Now he's can't leave. Listen and this was a week. Right was a tennis ball machine of firehoses. I mean a fire hose. Ten and a lot of books. It's a lot of fighting. Okay yeah i was particularly you know panicky this weekend so i needed to get me glen kirschner and also malcolm nominated scares the fuck out of me and then you technically glenn kirschner put the fuck back in. What's whoa what does that mean. What convinces me. Justice is coming from nance scares the living shit out of everybody right and then the gun. Kirschner comes along and says they're they're beautiful. It's going to be okay. Justices coming to his own way in his own way. Yes right exactly. He does those beautiful eyes over those blue. Anyway my point is they're both handsome romantic funk samantha's but they are there have. What's the term fierce urgency of now apps you were saying i don't think people are at enough i just all the revelations we heard this week. We can't just go like oh okay. Well that's normal for trump. None of this is normal. No no what was that voice now. What's that sound. You make on drinking tab right. And as and he said something about maggie haberman. And i read that article and it just angered me so so. I was halfway through drinking and a bit taboo over my microphone. Because it's an expensive microphone. That's going to be good sound. You make during all three. Are you gonna read all three of these books. And i go. I want the cliff notes. Version yeah exactly exhausting. It's exhausting us. His presidency It's a can't. I need here. Take glenn kushner and malcolm nance up your snoop. You're welcome adding up here. Hi good morning malcolm nance from an.