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Thanks to Thuma for supporting the Daily Beans, create that feeling of checking into your favorite hotel at home with the bed by Thuma.

Hello and welcome to the Daily Beans for Monday, August 22, 2022.

Today, a Federal Appeals Court orders the release of the Bill Barr Office of Legal Counsel memo about how to spin the Mueller Report to the Public and Congress.

Another Federal Appeals Court rules that Lindsey Graham can't quash his Fulton County DA grand jury subpoena in full. The FBI is questioning former Trump National Security Council staff about the Mar-a-Lago documents, and Donald claims he is set to ask for a special master to review the seized evidence. I'm your host, Alison Gil.

Hello everyone, happy Monday. It's A. G. Alison Gil here. Tonight is the live show at Largo Los Angeles 730 PM Pacific, and it's a live show only in person. We aren't going to be able to stream this one, but we will probably have some future streaming ones.

The cool thing is, if you can't make it to Los Angeles tonight, we're going to be recording this whole show, and we're going to be playing it as a podcast episode because that's what it is, except it's not just me. It's going to have the Midas Touch Guys, frangela from the Steff Miller, sexy liberal network. We've got how we win Steve Pearson, a special secret guest.

And of course, the imitable Kathy Griffin will be there to discuss the day's news. And I'm expecting Monday to be a pretty heavy news day. You can get your tickets to Largo and our live how we win fundraiser. We're raising money for the how we win fund, which is, you know, electing Democrats in the midterms, which is like, should be our big focus right now. We do have a lot of news to get to and I will get to that. But this midterm election is so, so very important.

We don't want to see Jim Jordan going on endlessly in Fauci and Merrick Garland investigations as he is chair of, you know, whatever judiciary committee in the house or whatever they put him in charge of because that will happen.

And it's just not something I prepared to deal with. So please vote and please go to how we win live dot com to buy your tickets. You can also make donations to the how we win fund if you can't make it tonight. But every dollar for your ticket goes toward this fund. MSW media is picking up all expenses on me so that every single one of your dollars can go toward Democratic victory in the midterms. All right. We do have a lot of news to get to as I mentioned. Let's hit the hot notes hot notes.

All right, lead story from the weekend. And I always pick which one I think the lead story is and this was the biggest news we've gotten in a while.

An appeals court has made a decision forcing the Department of Justice to release in its entirety. I mean, you know, barring any red actions for privacy purposes.

And office of legal counsel memo ordered written by bill bar in March of 2019 about the release of the Mueller report. The memo includes information on deliberations about usurping the obstruction of justice charging decision along with how to spin the report findings, the Mueller report findings to the public and Congress.

The appeals court upholds judge Jackson's determination that the Department of Justice failed to show that there was deliberative process privilege over whether or not to indict Donald.

Because bar had already made up his mind about that and you can't deliberate about what you've already decided. That's the pre-decision all thing that's required to accept this under FOIA. And this was a FOIA lawsuit by the citizens for responsibility of ethics in Washington.

And without a resulting decision to tie the deliberation to there can be no deliberation. The court pointed out that had the Department argued that the memo was deliberating what to tell the public rather than whether or not to charge Donald.

The court might have granted the Department of Justice motion to keep the second half of the memo sealed.

But the DOJ failed to make that argument after filing five briefings and then filing an appeal and an application for a stay. It was only after the first half of the memo was released, which this DOJ allowed, that they learned that there was another point to the memo to the deliberations, which was to how to spin this to the public.

And the appeals court found that you don't get a sue a spontaneous second chance from the court without asking for one and they didn't move to ask for a second chance nor did they move to keep the first half blocked.

And even if they did ask for a second chance, it probably would have been denied because this court cites a bunch of reasons and a bunch of case law of them denying a second chance ask in the past.

Now I did an hour long episode of Mueller. She wrote this past Saturday about this very filing and that episode is for patrons. So you can check that out in your premium feed from now on whenever a Mueller. She wrote episode pops up.

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