Refried Beans| Durham Is the Hoax | October 19, 2022 episode artwork

EPISODE · Oct 18, 2025 · 23 MIN

Refried Beans| Durham Is the Hoax | October 19, 2022

from The Daily Beans · host MSW Media

Wednesday October 19th, 2022In the Hot Notes: the special master Judge Dearie has some questions about Donald’s incomplete and contradictory privilege log; Bill Barr’s handpicked special counsel strikes out again; an ex Oath Keeper who has pled guilty testified at trial today that he was expecting to be charged with treason; and Nancy Pelosi tells MSNBC she was concerned about the Secret Service being a danger to Mike Pence during the Capitol attack.; plus Allison and Dana deliver your Good News. Reminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That’s just one of the perks of subscribing! patreon.com/muellershewrote Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:https://apple.co/3XNx7ckWant to support the show and get it ad-free and early?https://patreon.com/thedailybeanshttps://dailybeans.supercast.com/https://apple.co/3UKzKt0 Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Wednesday October 19th, 2022 In the Hot Notes: the special master Judge Dearie has some questions about Donald’s incomplete and contradictory privilege log; Bill Barr’s handpicked special counsel strikes out again; an ex Oath Keeper who has pled guilty testified at trial today that he was expecting to be charged with treason; and Nancy Pelosi tells MSNBC she was concerned about the Secret Service being a danger to Mike Pence during the Capitol attack.; plus Allison and Dana deliver your Good News.

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Refried Beans| Durham Is the Hoax | October 19, 2022

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M-S-W-Media. Hey everybody, it's A-G, and welcome to Refried Beans, where we play an episode of the Daily Beans podcast from the same week, either one, two, or three years ago, so we can see how far we've come. So please enjoy this episode from days gone by, and note the date in the intro. Refried beans, I like refried beans, that's why I want to fry fried beans, because maybe they're just as good and we're wasting time.

Daily beans, daily beans, daily beans, daily beans, daily beans. Hello, and welcome to the Daily Beans for Wednesday, October 19th, 2022. Today, the special master, Judge Deary, has some questions about Donald's incomplete and contradictory privilege log. Bill Barr's hand-picked special counsel strikes out again.

An ex-Oathkeeper, who has pled guilty, testified at trial today that he was expecting to be charged with treason, and Nancy Pelosi tells MSNBC she was concerned about the Secret Service being a danger to Mike Pence during the Capitol attack. I'm Allison Gill. And I'm Dana Colburn. Hi, Dana, I haven't stopped laughing since Durham, the Durham News came out.

How are you? Oh, I'm good, yeah, I had a feeling you were going to get some satisfaction out of that. Yeah, I might have a little bit of a connection with, you know, the Trump-Russia investigation and the Mueller probe. Just a little bit.

Yeah, and today was, you know, there might be champagne tonight, let's just say that. You should pop some, but before. Sure. I think the 2012 Veuve Rosé might be in order.

Ooh, good choice. You know, and I know that this probably isn't as big of a news story for most folks as it might be for me, the way that hits home. For those of us who follow the Mueller investigation and the Russia investigation very closely or have good friends that participated in it, but this is a pretty great day for justice. We're going to get into all of that.

Plus, we have the good news at the end, and it's Wednesday. We're halfway through the week, so hooray. Let's push the week forward, shall we, and hit the hot notes. Hot notes.

So, about three years ago, Bill Barr, having been weaponized by Donald Trump to cast doubt on the Russia investigation and the findings, appointed one John Durham as special counsel to investigate the Mueller investigation. Far and wide, right-wing dipshits told us to buckle our seatbelts, because half the beltway was going to be rolled up in this deep state probe and sent to Guantanamo Bay, including Hillary Clinton and Obama and Pete Strzok, Andy McKay and Jim Comey. The entirety of what they claimed were deep state operatives engaged in a political witch hunt investigating the ties that Donald's campaign had to Russia and Russian operatives. They lied about what kicked off the Russia investigation known as Crossfire Hurricane, trying to convince the public it was the Steele dossier that did it, alleging the FBI used it improperly as their sole purpose in the application for a FISA warrant on Carter Page, and they were doing it to spy on the Trump campaign.

Couple problems. By that point, Carter Page had left the Trump campaign, was never charged for the crime, and the Steele dossier was never touted by anyone as 100% accurate. In fact, John McCain had it hand-delivered to the FBI because he found it not only plausible but extremely concerning. Another problem with Trump's assertion was that the Russia probe was not started by the Steele dossier.

It was in fact started when a drunk Papadop, Papadopoulos, blabbed to an Australian diplomat named Alexander Downer in a London pub, and the Aussies alerted our intelligence community once it became clear the emails of several Democratic politicians had been hacked by Russia. Now, Barr and Trump obscured the Mueller findings when they came out, spun it, kept it hidden for three weeks, and the American media ran with their story, including Kendallanian, who tweeted that Donald had been exonerated, even though both Mueller himself and the report explicitly stated the opposite. Barr got called out by Judge Sullivan for inappropriately redacting the public version of the Mueller report to hide the breadth and depth of Russian interference in the election, and then they set out to investigate the origins, or the oranges, as Trump said, by appointing John Durham to travel the world on your dime to do his best to discredit the Russia investigation. I made a prediction Monday about the Danchenko trial, while recording Cleanup on aisle 45, the podcast I do with Andrew Torres.

Let's listen to that clip. I just want to mention really quickly, because this is so funny, during John Durham's closing arguments, the judge was like, yeah, yeah, yeah, yeah, can you just wrap it up? Like, they played the Oscar music, and somebody in the wings with a hook, yeah. Yeah, because he was just going off on, you know, stuff that just made no, had nothing, it was totally irrelevant, and the judge was like, yeah, yeah, come on.

So the jury is deliberating. I give them, I give them until Tuesday, close of business to, to make their determination, which will be yesterday, if you're listening to this, on Wednesday, and so I think probably by the time this episode drops, we might have an acquittal, but I, you know what, I gave the Sussman a 0% chance of acquittal, or a 0% chance of conviction. I gave this maybe a 20% chance of conviction, because there's, there's four counts here. There were five, but right in the middle of trial, the judge dismissed one of them, saying, that is literally the opposite of a lie.

Oh, oh, gosh, no, I mean, I don't think you could have gotten your beans any closer. Well, today, Tuesday, as we record this, Igor Danchenko, the primary source for the infamous Trump-Russia dossier, was acquitted Tuesday on all four counts of lying to the FBI in an embarrassing defeat for John Durham. Durham's grand jury has expired, Dana, and after three years, the most he has to show for it is one guilty plea from a low-level FBI lawyer who didn't spend a day in jail. I texted my friends Pete and Andy, Pete Strzok and Andy McCabe, I let them know they could unpack their bags for Gitmo.

They're very relieved. You know, at least the Mueller probe paid for itself at least twice over with asset forfeiture from convicted felons like Paul Manafort, which is a beautiful thing. Yeah, so I think it's time for Durham to be defunded, close up shop, so we can use those resources for actual crimes like insurrection and espionage. I like it.

I like it a lot. And from our friend Adam Class about the long crime, an ex-Oak Keepers recruit who is now cooperating in the seditious conspiracy trial against the group testified on Tuesday that he was willing to take up arms to reverse Donald Trump's election defeat and show the jury his rifle and his pistol to prove his claim. A Marine Corps veteran who retired at the rank of Staff Sergeant Jason Dolan stewed in his disappointment in the 2020 election results when he said a friend told him about the Oak Keepers, an extremist group composed mostly of retired military members and law enforcement and white supremacists. I added that one, but let's move on.

Dolan is now a key witness against its leader, Stuart Rhodes, and four of its members, and he said that he joined the Oak Keepers Florida chapter as an outlet for his then belief that the election was stolen from the former president. In the single group titled OKFL, so Oak Keepers Florida hangout, Oak Keeper members from the Florida chapter discussed how they would respond to the announcement of President Joe Biden's victory. Well, in December 6, 2020, a member of the chat named De Stokes wrote, quote, if they sell out, there will be no protection to the Constitution other than the citizens themselves. Now, Dolan could not identify the person behind that moniker, but he said that the sentiment was widely shared on that platform.

Now, a user named OKGator1, whom the government identified later as Kelly Maggs, replied, quote, that would be a very bad thing, adding that there would have to be, quote, repercussions. Sealing himself for the possibility of taking dramatic action, Dolan wrote, quote, I have to be mentally prepared for however far I'm willing to go to stand for America, for the Constitution, for the President, and for the survival of our ideals. Now, the Marine Corps veteran described his reflections of how far he was willing to go to change the election outcome. This is a quote.

If I'm lucky, I get a present sentence, attacked with treason, or a bullet from the very people I would protect. That's what he wrote, and he continued, yet I swore to defend this country against all enemies, foreign and domestic. He just has enemies wrong. Now, Dolan was never charged with treason, nor was he executed by firing squad, as we know, via a military tribunal.

Instead, what happened to him is he faced multiple federal felonies in connection with January 6th attack on the Capitol, and ultimately he pleaded guilty to conspiracy and obstructing an official proceeding. And it's of note, Dana, that Dolan testified today that it wasn't until Trump tweeted that Pence wasn't going to overthrow the election that the crowd began to turn violent. Perhaps a hint that the Department of Justice might be looking into charging Donald, also with inciting the insurrection and obstructing an official proceeding. It would be a beautiful thing.

We shall soon know. Also, today, Special Master Judge Deary, reviewing the materials seized by the FBI from Mar-a-Lago, Trump's house in Florida, expressed skepticism on Tuesday about early claims by Trump's lawyers that certain documents were privileged and thus could be withheld from the Justice Department and their investigation. In a phone conference, Special Master, again, we know Judge Deary of the Federal District Court in Brooklyn, complained that the log of an initial batch of documents over which Trump is seeking to claim privilege lacked sufficient information to determine whether the arguments were valid. Huh.

Where have we seen this? A privilege log that doesn't have a lot of really good information in it. Remember John Eastman? Yes, I do.

Judge Deary encouraged Trump's lawyers to give him a better sense of why they believed the documents could be lawfully shielded from the Justice Department's inquiry into whether Trump unlawfully kept classified records at his estate and obstructed the government's repeated efforts to get them. Quote, it's a little perplexing as I go through the log, Judge Deary said. What's the expression? Where's the beef?

I need some beef. Where's the beef? The conference call on Tuesday centered on a small subset of the seized documents, which the Justice Department had already set aside from the main trove. That process was conducted by a filter team, which is a group of agents and prosecutors who are walled off from those conducting the investigation, and a filter team in a process that was approved by Magistrate Judge Reinhardt, the guy who signed off on the search warrant.

The disputes about the small batch of records could foreshadow conflicts that could emerge as the rest of the materials come under review. Judge Deary seemed doubtful, for instance, which is a nice way to put it, about one document that Trump's lawyers claimed was his personal property, not a government record, but also claimed it was protected by executive privilege, which is a designation that is reserved for government documents. That's what it's for. Quote, unless I'm wrong, and I've been wrong before, there's certainly an incongruity there, Judge Deary said.

He sounds like he's being so patient. The judge also said he wanted more information to support the former president's claims that some of the documents were shielded by attorney-client privilege. To that point, he asked for the names of any lawyers connected to such materials, and suggested that Trump's team had asserted privilege over other records, even though a third party was involved. Yeah, that's called a third party.

That's an exception to attorney-client privilege when you share with a third party. Quote, where third parties are involved in the document, I need some understanding why the presence of a third party doesn't defeat the privilege. Jim Trusty, apparently a very shitty lawyer for Mr. Trump, responded to Deary's invitation to address such matters in a submission by saying the legal team would certainly take you up on it.

All right. As the hearing got underway, Judge Deary also noted that even though Trump's lawyers at one point said their 11,000 or so documents amounted to 200,000 pages, the actual number turns out to be 21,792 pages. Really? They inflated the numbers?

Shocking. Yeah, I know. I brought this up also in today's Cleanup on All 45 episode. You need to listen to it.

It's really good. Now, during the conference, Judge Deary shited both sides for not resolving more issues themselves, including a dispute over whether a certain unsigned legal letter addressed to the Justice Department had been sent to the government. It remains unclear whether the special master process will play out to its conclusion, because as we know, DOJ just appealed to the 11th Circuit in Atlanta to overrule Cannon's original decision to even have a special master in the first place. The appeals court has already blocked a portion of Cannon's order and exempted those 100 classified documents from review.

And trust me when I say you need to definitely listen to Cleanup on All 45 today, I learned something new that has convinced me with 100% certainty that the 11th Circuit will rule in favor of the Department of Justice. Great, great, great, great. And last year, Nancy Pelosi said as writers raged inside the Capitol on January 6th, she was concerned about the Secret Service's treatment of then Vice President Mike Pence. potential eye-opening insight about her mindset as she sheltered at Fort McNair during the pro-Trump riot on January 6th.

Now, Pence had made under guard in a loading dock as we know beneath the Capitol during the six hours of the building remained in lockdown, and his aides said he refused to see it into a Secret Service vehicle at the behest of his detail. But they've also said he was primarily worried about giving the riders a victory by pushing him to flee. Pence aides haven't echoed concerns about his potential danger at the hands of Secret Service, which is interesting. Evidence released by the January 6th Select Committee showed some Secret Service agents fearful of their own safety as they worked to secure an escape route for Pence while riders closed in on the Senate chamber.

Coming within just 40 feet of MVP in his detail, the committee has also displayed images and audio of Pence working to coordinate with security services to retake the Capitol from his secure location. Pelosi's comments come as January 6th Select Committee's members raised questions about the Secret Service's actions leading up to and during the attack. Now, in recent days, lawmakers have also suggested agents gave inconsistent testimony and are preparing to call some back to testify, as they should. And they're still sitting through all that shit that they dropped in on the day before.

A million, a million records that got turned over from the Secret Service just before the last January 6th hearing. Now, this is a quote, There's something going on at the Secret Service, either pure incompetence all the way up on the scale to potentially veer criminal activity or just having a preference for one side or the other. And that was from the Select Panel Rep. Adam Kinzinger, the Republican.

That's what he said Monday on CNN. Now, the agency has been a target of the Select Panel's investigation for months, and its members have viewed the agency with skepticism, since the revelation of a mass deletion of internal messages right around January 6th. Well, Jamie Rassian has described Pence's refusal to get into the Secret Service vehicle as one of the most chilling moments the committee has explored. A subtle echo, if you will, of the concerns Pelosi aired on MSNBC.

But Pence has made no allegations about the motives of any Secret Service officials, in fact, hailing law enforcement for its role in protecting him. And that's from lawmakers in the Capitol. Now, on the Trump subpoena, which came at the end of the January 6th hearing that we were all watching live, Pelosi said she would leave it to the committee to decide whether to refer Trump for contempt of Congress prosecution if he defies the Select Panel summons. Yeah, the day after tomorrow, Bannon gets sentenced for that very beautiful thing.

Yeah, oh, and tomorrow, Trump is being deposed in the A.G. Carroll case. Yes. Go, Robbie Campbell.

Lots going on. I mean, I don't know how many investigations there could be, but there are all of them. That's how many there are. All of them.

All right, we'll be right back after this quick break with the good news. If you have any good news, you can send it along to us at dailybeanspod.com. Just click on contact. We'll be right back.

After these messages, we'll be right back. Everybody, welcome back. It's time for the good news. Good news, everyone.

Good news, everyone. Good news, good news. And if you have any good news, confessions, corrections, Halloween, photos of your pets in costumes, any holiday photos, your favorite place, your happy place, maybe you're doing some marine modeling, maybe you have a whoopee, and you want to share a whoopee story, or you want to play What the Mutt, where you want us to badly guess what breeds make up your beautiful shelter pup, you can send us whatever you want to send us by going to dailybeanspod.com and clicking on contact. Dana, I'm going to kick us off with a submission from Gwendolyn W.

On changing lyrics of songs for pets, Clancy weighs 20 pounds, is more than three feet high when he stands on his back feet, and has burst out of several boxes. I rewrote a Tom Jones song for him. Please sing it together. Great big pussycat.

Whoa, whoa, whoa. Great big pussycat. Look at him in this box. Look at that face.

That is a man-cat face right there. That is a man-cat face for sure. And a chonker. If he fits, he sits.

Look at that. Oh my god. Thank you for that submission. And here's another one.

All right, this is from Stephen B. Pronouncing him, here are ridiculously photogenic cats. Trevor, the Aussie, and Sister Xena, listening to Quote the Beans with me every morning. That's a beautiful cat.

That looks like one of those Norwegian forest cats. Gorgeous. I feel like that cat should have a voice, like an adult, like an adult, deep man voice. Hello.

Hello. Please sit down. I have a story. This morning I ate your hamster.

Yeah. And then look at this beautiful pupper on the beach. So cute. So far, it's been the highlight of my morning routine.

Fuck yeah. After battling a teenager to get him up and go to school every day. I was a teenager once. We are hard to get up for school.

My pup and I take our daily walk and listen to the daily beans. When I'm getting ready to go, I suddenly remember, I swear this happens every day, that I have a new episode to listen to, and I get so excited. Not so much on the weekends. Sad face.

Just wanted to let you know how much I enjoy the podcast. It's so informative. I literally laugh out really loud in the middle of my neighborhood every day. Also, I'm always singing along with the hot notes.

Hot notes. Yeah, Alicia, check out Cleanup on All 45 today. I think you'll like it too. For pet tax, I'm including a photo of my fuzzy baby.

We got maxed two weeks before COVID closed down the world, so I was able to stay home with him every day. He has my accountability. partner every day and he's helped me recover from a pretty serious back surgery we're so tight i got into a fight with a german shepherd who attacked him ended up with a broken finger and two surgeries to repair it oh man talk about a mama bear he's the love of my life human baby accepted and i'll do it all again i mean just look at him oh man love you ladies thanks for all you're doing to save us from these fascist pieces of shit pos's i am so over it look at this dog the dog oh my god beautiful the blue eye and the brown eye oh it's so good and the pumpkins that is a really beautiful puppy oh sweet sweet at the end soon in the end all right here we go hello beans points this is from andy pronouncing him i love hearing the pet songs so i had to share our dog roxy has a theme song improvised to the tune of a playground jump rope sing song here are just a few of the memorable verses hello my name is roxy i like to huff and puff and if you throw the ball for me i'll never get enough take it hello my name is roxy i eat the sidewalk snacks even though they give me squirty poop attacks hello my name is roxy my pointy ears are keen i bark at every raccoon before it's even seen hello my name is roxy i like to block the hall and when i turn it sideways you can't get by at all hello my name is roxy my fur likes to shed you can make a sweater or a blanket for your bed and hello my name is roxy i sent up go for holes i'm really not that picky i even dig the moles and of course i've included a photo of miss hot hands herself at has my pet tags thank you for your daily voice of sanity in a world gone mad and my goodness roxy is calendar dog gorgeous this is like a perfect specimen that is a perfect specimen of doggo look at those feats i want to kiss them the gorgeous german shepherd for those of you that aren't getting these pictures yeah when pete when pete's trucks on here he's like and there's a photo of a german shepherd looking forward with a gray wicker couch in the back and some purple flower he like goes all in describing it he's like knows he's on a podcast he's just so clever i love that guy love it and i'm so glad he doesn't have to go to gitmo you know i know we would miss him i mean you know yeah i'm gonna see if i can see him when i'm in dc i'm leaving tonight everybody i'm leaving on my jet plane and i just you know i have a little bit of a final thought here i just wanted to thank everybody who's listening seriously it's the i'm going to the white house tonight so i'll sign to dc because of y'all i wouldn't i wouldn't have this opportunity to speak for all of you if all of you weren't here listening i'm so so honored to do this and and proud of the work that we've done and all of the work that you all have done as well i just wanted to say that do you have any final thoughts no i'm just so proud of you that's it that's my final thought thank you my friend i love you i love you all everybody we'll be back tomorrow please take care of yourself take care of each other take care of the planet take care of your mental health vote blue over q and for god's sake thanks i'm with you i've been ag and i've been dg you

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This episode was published on October 18, 2025.

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Wednesday October 19th, 2022In the Hot Notes: the special master Judge Dearie has some questions about Donald’s incomplete and contradictory privilege log; Bill Barr’s handpicked special counsel strikes out again; an ex Oath Keeper who has pled...

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