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Hello and welcome to the Daily Beans for Tuesday, October 18, 2022. Today, the Department of Justice has filed its sentencing recommendation for Stephen Kay Bannon in his criminal contempt case asking for six months in prison in a $200,000 fine.

Some very racy texts come to light in the Oathkeeper's trial and I'm sad to say I've given that story to Dana. A house inquiry has found that Trump hotels charged the Secret Service and therefore the taxpayers exorbitant amounts of money and the jury is deliberating in the last ditch case by Durham to prove literally anything about the investigation into Crossfire Hurricane. I'm Allison Gill and I'm Dana Goldberg.

Hey, Dana, happy Tuesday. Happy Tuesday, AJ. Thank you for a moment on Sunday. It's nice to be back in everyone's ears today. Yes, it is good to have you back. I told everyone that you love them. I do. I do. I want to marry everybody. Why not? That's the time.

You know, hey, why not? And just don't just don't propose it like a Dodgers game. You know, yeah, don't do a jumbo screen for me, please. Which you can't anymore because the Dodgers lost. Womp, womp. Okay. Oh, dear. That was a lot of shade. We're going to be fighting people just so you know, hey, it's a fun week to be a guardians and a Padres fan.

Padres totally fair and honestly, I could give a shit about baseball. So there's that. It's the sports ball. And today we're going to talk nothing but sports on the day. No, I'm just kidding. We've already lost half of our listeners.

We already have now that they're gone. No, we're going to actually talk with Chris Scott today. He's a chief political officer at democracy for America. That's one of the oldest and largest progressive packs in that country with more than a million members nationwide.

I'm looking forward to that discussion. And Dana, as you heard me say in the intro, the jury is out on the Dan Chanko trial. I give deliberations until maybe the end of tomorrow, which is Wednesday. And I give Durham a 20% chance. Maybe I'm securing a conviction.

You know, I gave Susman zero like a zero percent chance. And we we locked that in. It was he was acquitted. But this, you know, this one's a little bit different. There's five counts will now four because the judge dismissed one at the end of closing arguments. Dana. Oh my God. Durham was like this crossfire hurricane.

You know, Russia hoax burp and the judges like wrap it up. You should finish. I've never seen a judge do that before. So that's not going to look good in front of a jury.

And like we got to get a lunch. Let's go. So yeah. And and stop using my courtroom for your bullshit conspiracy theories. All right. We have a lot of news to get to. Let's hit the hot notes. Hot notes.

Quote from the moment that the defendant Stephen K. Bannon accepted service of a subpoena from the House select committee to investigate the January 6th attack on the United States Capitol. He has pursued a bad faith strategy of defiance and contempt.

The committee sought documents and testimony from the defendant relevant to a matter of national importance. The circumstances that led to a violent attack on the Capitol and disruption of the peaceful transfer of power.

In response, the defendant flouted the committee's authority ignored the subpoena's demands. The defendant a private citizen and a walking cold sore claimed that's not in the thing claimed that executive privilege, which did not apply to him and would not have exempted his total noncompliance, even if it had justified his actions.

Then on the eve of trial, he attempted an about face representing to the committee that former president Trump had waived executive privilege and freed the defendant to cooperate, but this proved a hollow gesture when he realized that his 11th hour stunt would not prevent his trial.

The defendant's cooperative spirit vanished. Despite the removal of the only purported barrier to his compliance to this day, the defendant has not produced a single document to the committee or appeared for testimony.

For his sustained bad faith contempt of Congress, the defendant should be sentenced to six months imprisonment, the top end of the sentencing guidelines range and find $200,000 based on his insistence, his insistence on paying the maximum fine rather than cooperate with the probation offices routine pre sentencing financial investigation.

At the defendant's trial, the reason he willfully defaulted, that is why he deliberately chose not to comply, was not relevant. Now at sentencing, it is. This court can and should consider the defendant's motive as part of his history and characteristics and as part of the nature and circumstances of the offense.

So the defense he wasn't allowed to use now comes into play when considering how long he should go to prison. I love that. For any defendant convicted of a federal offense and facing sentencing, that investigation typically includes a personal interview.

After you get convicted, you sit down, you talk to the probation office, we go through your financials and we decide what an appropriate fine is, right?

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