In this podcast, the hosts discuss the Trump administration's pressure on the Department of Justice to investigate election conspiracy theories. They also explore the subpoenas of journalists and lawmakers, Don McGahn's testimony, new indictments and plea deals for Capitol rioters, and the ongoing trial of Michael Avenatti.
High-level White House officials pressured the DOJ to investigate baseless election theft conspiracies, revealing their desperate attempts to derail Joe Biden's inauguration.
Subpoenas and leak investigations during the Trump administration extended to include members of Congress, raising questions about the seriousness of the cases.
Deep dives
Internal DOJ communications reveal attempts to push election theft conspiracies
Internal DOJ communications released in a congressional investigation show high-level White House officials in the last days of the Trump administration trying to get the DOJ to sign on to baseless election theft conspiracies. These included claims that Italian intelligence used military satellites to change US presidential vote totals. The requests were deemed insane by DOJ officials, who documented them to protect themselves. The incident reveals the desperate attempts to derail Joe Biden's inauguration while showcasing the resilience of career attorneys in upholding the rule of law.
Subpoenas and leak investigations extend to members of Congress
Reports now reveal that subpoenas and leak investigations during the Trump administration extended beyond reporters to include members of Congress. Democrats Adam Schiff and Eric Swalwell were informed that their phone metadata had been seized. While seizing metadata in leak investigations is not unusual, targeting members of Congress is rare. The lack of identifiable arrests related to these investigations raises questions about the seriousness of the cases. However, federal investigations take time, and it is possible that prosecutions may still occur.
Capitol rioters and the ongoing prosecution efforts
Six California men, associated with the three percenters militia group, including a former police chief, have been charged with crimes related to the Capitol riot. Prosecutors argue that their involvement in organized groups led to more serious charges. In contrast, a Virginia couple, Jessica and Joshua Bussel, pleaded guilty to a misdemeanor charge for parading inside the Capitol. While causing less damage, their plea deal highlights the challenge of punishing low-level offenders who did not engage in violence. Additionally, the suit by Ashley Babbitt's husband to disclose records related to her shooting raises questions about access to police investigation information.
Updates on Michael Avenatti's legal battles
In the ongoing legal battles of renowned lawyer Michael Avenatti, prosecutors oppose any further delays in his Southern California trial for defrauding his clients. Avenatti's request for a continuance based on a witness's mental illness is met with skepticism, as the government argues he had known about it beforehand. Prosecutors assert that Avenatti's tactics are an attempt to intimidate the witness and delay the trial. Discussions also revolve around Avenatti's attempt to exclude evidence of his high lifestyle, which the government argues directly connects his illegal activities to his extravagant spending. The likely outcome and potential sentencing for Avenatti remain uncertain.
It’s been an interesting week for Donald Trump’s Department of Justice, despite the fact that Donald Trump isn’t president anymore. This week, we saw communications from Trump administration officials pressuring people in the Department of Justice to investigate increasingly erratic claims about the November election. In one exchange, White House Chief of Staff Mark Meadows asked then-acting Attorney General Jeffrey Rosen to look into a matter dubbed “Italygate.” Rosen forwarded the request to his acting deputy attorney general, who replied “pure insanity.” What’s revealed in these communications? Why didn’t they ultimately bend to the will of the Trump White House? Was anything about their communications legally irresponsible? Ken says you shouldn’t underestimate the motivating forces of self preservation, institutional preservation, and the likelihood that many people in Trump’s Department of Justice were about to be on the job hunt.
Then, we knew that the Trump administration had subpoenaed journalists’ information as part of its leak investigations, but this week, we found out that extended to lawmakers too. Did they necessarily suspect certain lawmakers were leaking material? What were they looking for?
Plus: former White House counsel Don McGahn finally testified and it was kind of boring, new indictments and new plea deals for those involved in the Capitol riots, and Ken makes a connection between Ewoks, Stormy Daniels and Michael Avenatti because Ken’s gonna Ken.
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