Trump’s Imaginary Ceasefire

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1:07Hello and welcome to the Daily Beans for Monday, October 12, 2026. Today, the Trump Administration is criminally investigating television networks over pool coverage. The White House released some of Jack Smith's volume two documents to falsely claim he tapped Suzy Wiles' phone. Donald announced an energy ceasefire between Ukraine and Russia, much to the surprise of everyone, including President Zelensky. Customs and border protection told the court that the taxpayer-funded pro-Trump ads will end Sunday. Trump's border wall construction cut into an ancient ground carving older than Stonehenge. The U.S. imposed sanctions on the International Criminal Court just hours after a judge on that court won the Nobel Peace Prize. Trump bought over $1 million in SpaceX debt, days before unveiling new space policy. Kimberly Gillfoil bribed her way into an Eric Trump dinner in Davos, an update on the Cornell 7 investigation, and a drunk off-duty ice officer passed out on someone's lawn in

2:09Fresno and ended up getting shot by the homeowner. I'm Alison Gill. And I'm Dana Goldberg. Well, I think that's a new record for headlines over the weekend. I think it is as well. And there's a new episode of the breakdown out where we discuss the entire story about Brendan Cooney, the ice agent who almost killed a five-year-old child and shot into a moving vehicle in the Bronx this weekend. So that's what the breakdown is about this week. And there's also a new episode of unjustified out, so you can check that out where we get your podcasts. So then thanks, everybody who's already watched it and listened to those shows. We really appreciate it. Absolutely. And Alison, I do want to say just before we keep going, we had an extraordinary turnout at the Southwest Funny Fest. All the daily beans listeners that went, you filled my heart. You got to meet Alison. I know a lot of you did. And I just have to say, we did a call to action to help raise money for a very small organization in the big scheme of things. For online donations, daily beans listeners and some of my stuff heads raised over $10,000

3:14for this organization. Alison came and donated $5,000 of her veteran's benefits. And because of the ticket sales, we're going to donate another $5,000. We raised $20,000 for Equality New Mexico. And when I tell you, they were blown away. The executive director, Marshall, came up on stage after. And I think there was almost tears in his eyes. It was extraordinary. I just want to tell this community. I love you. I'm a home state. And to see this happen with, I'm just sort of beside myself. And I just want to say thank you from the bottom of my heart. I'm almost getting a little teary. But it was an amazing night. And it felt so good to bring that show back to Alvaltrucchi. And it was so, also hilarious. Just an incredible funny comedy show with all the amazing audience. And you had lining there. And yeah, once I got off stage, I ran into the executive director of Aquaman New Mexico. And he personally wanted me to convey a message to all of you of just immense gratitude straight from the executive director of Aquaman New Mexico to you, the Daily Beans listeners.

4:16So thank you, thank you, thank you. I can't thank you enough. Also, this is really funny to me. Right wing media right now is going nuts over a leak to Jack Smith document or two that claims that he tapped Susie Wiles' phone. And they're going crazy about it. If they'd only listened to the Jack podcast, they would know what this was because we talked about it three and a half years ago when it happened, it was not private news. Okay, he put a pen register on Susie Wiles' phone. And there's a reason for that. Remember when he waived a very classified Iran war or a rock war document or a Iran war document in front of somebody's face like an AIDS face at Bedminster? That was Susie Wiles. Yep. So of course Jack's photo of that, didn't they? Yeah. So of course Jack Smith put a pen register on her phone. And by the way, a pen register is not a tap. You can't hear the conversations. It just says who you're calling and when there's no actual content.

5:18And we went over this several years ago. And now the White House has released this like, look what we just found. And I'm like, honey, I knew about this. And if there's any question on whether or not Stephen Miller is running this fucking country into the ground right now, all of this should make you realize he's the Wiles he or the one, why is he coming up and saying this treason has got a problem with it? Why is he the one that has a problem with everything going on with ice? Why is he calling what the deportation should be and determining that why is Stephen Miller doing this because he is shadow running this fucking country? He's the president. And you know, it also is very, very important to understand that if the DOJ released to this information to the White House, then they are in violation of Judge Cannon's order that nothing considering volume two of Jack Smith's final report can be released outside of the Department of Justice. Ah, got it. So I forwarded all that to the Knight Institute at Columbus. They're the ones who are suing to get volume two of the report. And the 11th Circuit moved arguments in that case up from January 20, 27 to the day before

6:22the midterm election. So those arguments happen on November 2. Oh, thank you. Thank you. All right. This is from the Washington Post. They're reporting that the Pentagon acknowledged late Friday that the number of troops who have died in the middle east during its operations against Iran is higher than previously reported and updated the official count to include two more non-combat deaths. They reported total is now 21 people. And I quote, there's no excuse for a mistake of this magnitude. This is from the committee's top Democrat, Adam Smith, representative from Washington, and Rep. Frissy Hula-Hann in Pennsylvania, that she's the top Democrat on the military personnel subcommittee. That's what they said in a statement calling the fact that Congress had to get involved to have the Pentagon correct its numbers is an embarrassment for the military. Yeah. And I still think it's low. I still think it's 23 or per other sources, right? Yeah. We'll see, but yeah, that isn't embarrassing. And there's no excuse for a mistake like that.

7:23Yeah. I agree with Adam Smith and Chrissy Hula-Hann. All right. We have a lot of news to get to everybody. Let's hit the hot notes. Hot notes. All right. First up from the times the Justice Department is criminally investigating whether the major television networks, ABC, CBS, CNN, NBC, and Fox, violated federal antitrust laws when the group briefly suspended their pooled coverage of President Trump, according to six people with knowledge of the department's actions. This is fascist shit right here. Yeah. Officials from the Justice Department contacted the networks Friday and demanded communications and materials related to the White House TV pool. This pool, by the way, is a long-standing system where the network share the responsibility. They pool the responsibility of providing footage of the president and distributing it to other news outlets. In the last month, the networks collectively suspended their pool footage of Trump for several days after he barred CNN journalists from the White House grounds, which prevented CNN from participating in the pool. Video footage of some of the major events, including Trump's greeting of President Xi Jinping

8:24of China, was not carried by any major news station. In a statement Saturday, a Justice Department spokeswoman Emily Covington described the five networks as having proudly boycotted covering White House events. Group boycotts among commercial competitors can violate the Sherman Act, a core antitrust law. That's what Covington said. She went on to say the antitrust division is simply investigating to determine whether these news organizations have violated antitrust laws. So Dana, he kicks them out and then he criminally investigates them for not covering him. He's just a piece of garbage. That's fascist. That's fascist shit right there. It's fascist shit for sure. Now, right, this one's from Reuters. Donald Trump made a surprise announcement of an energy ceasefire between Russia and Ukraine on Sunday that he said, and I quote, was effectively was effective immediately. But Ukrainian leader Vladimir Zelinsky said that he was still waiting to see the details of the deal. There's no word from Moscow on the announcement, which followed days of intense pressure

9:24from Trump for Ukraine to halt its attacks on Russia and their oil refineries. Wow. Look at that. Ukraine is fucking fight back and Trump's like, can you not do it? Can you not blow up their oil refineries? He blames those strikes for a rise in diesel prices, really, because I think it's a war in Iran that is hurting his Republican party ahead of US midterm elections next month. It's too rate of fucking horror moves is closed and he's blaming. I know. Oh, my God. I know. And a dramatic deterioration in relations, Trump on Saturday warns Zelinsky that he had better damn well stop attacking Russian refineries and urge Ukrainians to replace their leader at new elections. Trump said Zelinsky had missed several opportunities to strike a deal with Moscow. An opposed on true social platform on Sunday, Trump unexpectedly announced that Ukraine and Russia had agreed to an energy ceasefire but did not elaborate further. And I quote, effective immediately. There is an energy ceasefire in the war between Russia and Ukraine. Both parties have agreed. Do not break it. I know.

10:25I know. Well, a person familiar with the situation said the US had threatened to cut off intelligence sharing with Ukraine, our ally as well as weapons procurement under the prioritized Ukraine requirements list, otherwise known as Pearl PURL, that system as it pressed Kiev to halt strikes on Russian energy sites. The US threats were earlier reported by the financial times. Now, Trump also called for elections in Ukraine. There's been suspended since the 2022 Russian invasion to which Zelinsky responded that he would call a vote if Putin agreed to a 60 day ceasefire. Zelinsky said it was up to Ukrainians to choose their leader, but added that there needed to be an end to the fighting first. Ukrainian law prohibits elections and our martial law for security reasons. I'm sorry. What's that? Is when I want to listen to that because I bet you Trump's going to try and do the same fucking thing. Now, if Trump's energy ceasefire sounds like bullshit, you'd be right. A few hours later, Zelinsky released the following statement. Today, there was a statement from the president of the United States that an energy ceasefire

11:29had been secured. This is good news for everyone, and it's important that it become reality. Unfortunately, Ukrainian skies have been infested with Russian shaheads all day today. I'm assuming those happen to be some sort of bomb. I think they're drones. They're drones. OK, we're going to go with that. Someone bright into correction, if you know, because I bet someone does. There have been glide bomb strikes and strikes on our energy infrastructure, too. A power plant in Karkeev was attacked this evening. Overall, this past week alone, the Russians have carried out more than 200 strikes on our electricity generation and transmission facilities in Ukraine and another 17 strikes this week, targeting gas and oil facilities. They have killed more than 150 of our people and more than 700 people have been wounded. Ukraine has proposed many de-escalatory steps. Putin had one answer to all of them. Yet. You hope that he will finally say something to America, Ukraine, the entire world that will lead to a real and dignified peace. Yeah.

12:29And Trump being mad saying Zelensky should have struck a deal by now. The deal that Trump has wanted Zelensky to strike on behalf of Putin for about 10 or 11 years now is that Ukraine give up part of its country. And Zelensky says, no, that's a red line. We're a sovereign nation. Yeah. Russia head drone is a family of Iranian unmanned aerial vehicles most commonly known as low-cost one-way attack or kamikaze drones. So got it. Thank you for that. Iranian in nature. And that's what Russia is using. Shocking now. Now we know. Mm. Right. I'm, I'm shocked. Are you shocked? Yeah. All right. Next up from NBC, an ancient ground carving that was severely damaged by the administration's border wall construction was created before Stonehenge and before Egypt's oldest pyramid. That's according to recently publicized research. The less plies in Toglio, a giant fish carved into the Sonoran desert in Arizona is now considered the oldest example in the Americas of a geoglifect, the ancient art form that

13:31is carved into or drawn into the ground. Now, in April, contractors hired by the Trump administration to make way for a second wall along the Arizona, Mexico border scrape a 50-foot swath through the ancient carving, to the center for biological diversity, which documented the damage. The Toglio and the ground of the ancestral homeland of the Tejono O'odham and other indigenous tribes was estimated to be about 2000 years older than Egypt's first pyramid. And to have been created about 1500 years before the first construction of Stonehenge and 4000 years before Peru's Nazca lines. That's what researchers have found. The formerly 272-foot carving had originally been thought to be about 1000 years old, but new research dates the art's creation to at least 6,500 years ago and possibly as much as 7,500 years ago. And Trump just put a big ol' scrape through the middle of it. Unbelievable. All right, this next story is from Politico. The Department of Homeland Security intends to stop airing taxpayer funded campaign style

14:35ads glorifying Donald. In Sundays saying there are no plans to add on to the $20 million buy from the Customs and Border Patrol account. In a late-night court filing, the Justice Department side-step questions about the legality of the ads and whether they run a foul of restrictions on using taxpayer funds for political advantage they do, but urged a federal judge to reject efforts to order a halt to the ads. They'll be expiring anyway. Trump administration lawyer said, and I quote, defendants say there is nothing for this court to do because the defendants will stop airing the ads soon. Presumably by the time defendants believe the court can rule on the motion. That's what the group wrote, that attempt to run out the clock does not cut against issuing a restraining order. Common cause also emphasized that the Justice Department ignored Roshan's request for details about Trump's and the White House's role in the ad campaigns. Yeah, so they, you know, this is a shoot first asked questions later. Let's just tear down the East Wing and then we'll go to court over it.

15:36We've already done it. Let's just air these ads and then, oh, we're done. We're done. No need to sue, but the common cause is like, no, fuck you, we're still suing you. And just some late breaking news in this story, the judge has ordered an immediate halt to these taxpayer funded pro-Trump ads agreeing with common cause and the other group suing, including Dana, any that were slated to run Sunday night. So uh-uh. Next up from the post, President Donald Trump bought between a million and five million dollars in debt bonds issued by SpaceX just days before he announced a new space travel policy. The president's latest financial disclosure form show this two days after purchasing the bonds, Trump signed a memo setting out the new policy, which is intended to strengthen space transportation in part by backing industry so the United States can support more than a thousand space launches and re entries by the year 2030. So just a blip in the news in this particular news cycle, but what would have a decade

16:38and a half ago been a president ending career ending scandal? 100%. 100%. We got more from the Guardian on this fucking president. Donald's administration imposed sanctions on the International Criminal Court on Friday. Sanders after one of its former judges won the Nobel Peace Prize, putting Washington on a diplomatic collision course with European allies. This is what Reuters reported. The ICC's deputy prosecutor, Nathat Shamin Khan, condemned sanctions and said that they would not halt the tribunals' work. The Trump administration has long been hostile to the court and has previously imposed sanctions on its prosecutors and judges. Friday's move would go far further by potentially punishing companies that provide service to the court itself. And they quote, President Trump will never allow the International Criminal Court to prosecute Americans. That's what Secretary of State Marco Rubio said in a statement reviewed by Reuters ahead of the official announcement. We've told you before in the beans that it's not a risk even for ICE.

17:38They want to get rid of the ICC because they would like Netanyahu to be in prison. And I quote, that is why today the United States is sanctioning the International Criminal Court. We will ban transactions with this rogue court cutting off their resources and crippling its ability to operate. ICC deputy prosecutor Khan told Reuters the sanctions and I quote, must be condemned. These motherfuckers, I know. This is so dumb. This court goes after war criminals. It's an important court. Trump was just as, this is part of a tantrum because somebody else got the Nobel Prize. The guy who wants to televised executions didn't get the peace prize. A woman who's a former judge, Davi, on the International Criminal Court alongside, by the way, Jack Smith, who was a prosecutor in those courts. She was a judge. She's a former judge, but she did work in investigating genocide in Rwanda, in Gaza, Myanmar.

18:38Like she has a prolific body of work of human rights work. So of course Trump's mad. And it's a woman. And she joked, by the way. She was told she was given the news in the Nuremberg building, which is like, wow. And she joked. She's like, keep clapping. Maybe I'll share my prize with Donald Trump. Like she made fun of him. Yep. And so now he's sanctioning the court. And we've told you, like I know people are like, hey, we should take him to the head. Can't wait for Trump to go to the head. United States, they will never be prosecuted at the International Criminal Court. We are not a signatory to the Rome treaty. We have to be ratified by three fourths, I believe, of Congress. And half of those guys are somebody that would be dragged into the head themselves, those Republicans in the Senate. So they're not going to vote for this. It's just not going to happen. Next up from the Times, this is insane. An off-duty ICE officer was shot early Friday after he was found sleeping on the lawn of a home in Fresno, according to authorities.

19:40The Fresno Police Department received calls reporting a gunshot in the neighborhood around 3am local time. And David Gonzalez and ICE agent from Texas had been sleeping on the lawn when a woman returned to her house and saw him. The woman told her father who was inside the house. The father, 72, woke up the ICE agent who appeared intoxicated and agitated. The police said, not the guy, the cop said this. Mr. Gonzalez, the ICE agent then tried to assault and actually did assault the 72-year-old man, causing several visible injuries, and then assaulted his daughter when she tried to intervene. The woman's father pulled out a firearm and shot him once. The police said the woman's boyfriend and off-duty police officer arrived soon after and handcuffed Mr. Gonzalez. Good. The ICE agent, Mr. Gonzalez, 32, was charged with felony assault and vandalism. He was taken away to an ambulance to get treatment while the investigation is carried

20:43out. The 72-year-old man is not facing any charges. He legally owned his weapon and legally fired it. Good. So that's one of the best cases I've heard in a long time. Yeah. Yeah. All right, listen, someone's really going out to get Kimberly Guilfoyle. I mean, really? I love this. Yeah. From what the Wall Street Journal, okay, this is Wall Street Journal. Kimberly Guilfoyle, and as America's newly minted ambassador to Greece, boasted a Davos about her close ties to two Greek tycoons and said that they were bankrolling her high, rolling trips around the world. According to people who heard the conversation, and an audio recording reviewed by the Wall Street Journal, Guilfoyle was flexing her connections to wealthy Greek businessman in January, as she made an urgent request. She was being blocked from attending an upcoming dinner, being held for Eric Trump, and she wanted to enlist an American businessman who was on the guest list to help her get in the door. And I quote, you know, I can deliver the world to you, which you deserve, she said, according

21:45to the recording recording. I'm going to make you a lot of fucking money. She said at another point in the exchange with the businessman. She expressed fury at not being on the list for the dinner, which was being organized by Greek House Davos. She said, you don't have the fucking US ambassador to Greece, not come. She should be kissing my fucking ass. That's what Guilfoyle said at the events organizer. In the end, Guilfoyle was able to score a last minute seat. Yeah, there's a lot of shit coming out on her. Somebody's trying to take her down. I wonder what that's about. Yeah, I know. All right, everybody, we have an update on the Cornell 7 investigation. As I said, we were going to be covering it extensively here on the daily beans, but we have to take a quick break. So stick around. We'll be right back. Hey, everybody, I used to believe that all you needed to do to get a good night's sleep was spend enough hours in bed. Turns out my old mattress proved that completely incorrect. It didn't matter how much time I slept. I so woke up sore and groggy and just as tired as when I first laid down.

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23:45That's helix sleep.com slash daily beans for 20% off site wide. Fall savings event helix sleep.com slash daily beans. Oh my gosh, everybody. I got my ex balance bra from honey love in the mail. I am obsessed. I'm obsessed with honey love. But you know, I realized I could have had a wireless bra that didn't require me to compromise this whole time. But before this, I was choosing between comfort and support and usually not getting either by the end of the day. But the ex balance brought gives me both the center ex designed lifts and separates the molded cups keep a natural shape without bulk and the underband stays supportive without feeling like a clamp on my chest. And I can customize the fit with the adjustable straps which are nice and thick and very soft and the hook and eye closures as well. And then I can wear it all day without constantly having to adjust it. It's become my default daily bra because I know it will stay comfortable and do the job. So now you'll understand why we want to thank honey love for sponsoring our show. Use our exclusive link to say 20% off honey love at honey love dot com slash daily beans.

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25:48But at me office something to make your me time really special my podcast and I think once you hear it, you'll realize it is the perfect addition to your Sunday or whenever you're looking for a chance to unwind tune in as I share the stories of my life along with some poetry and an occasional personal reflection in a way that will have you saying that was time well spent and I didn't even have to get out of my pajamas. Number four of the Martin sheen podcast with yours truly Martin sheen of course is underway with 10 brand new episodes. I know our lives can be very busy in demanding these days, who's are not so join me on a storytelling journey that you can enjoy from the comfort of your favorite easy chair and a chance to relax and be in the moment. So check out the Martin sheen podcast season four underway right now and make it part of your self care routine. And as always, thank you for listening. All right everybody welcome back we have an update from CNN on the Cornell 7 case for

26:49you when New York governor Kathy Hocal appointed the Tisha James New York attorney general to take over the investigation into the alleged gang rape at the fraternity house in Cornell. She asked for a fresh and thorough review of all the evidence that's what the governor asked of Tisha James and there's a lot of evidence far from the two party he said she said structure of many sexual assault allegations. The Cornell case features seven men accused of wrongdoing in a civil suit filed by the woman known as Jane Doe. There are interviews with Doe. There's interviews with the accused. There's interviews with witnesses scores of text messages snap chat posts emails secretly recorded phone calls lengthy conflicting reports from the police the district attorney and university investigators about who knew what and when. God and all of this it's a far cry from the limited evidence the local prosecutors said he reviewed before deciding not to bring charges in 2024 and putting the array of evidence together represents the primary task ahead for James.

27:50We know that she's a special prosecutor tasked with leading the investigation and considering whether to bring charges how the investigation proceeds closely watched by the community members university students and advocacy groups across this country and the internet and thus. And I quote there is literally an avalanche of statements to collect in this case that are apparently not reviewed by the original prosecutor said Paul. You got me dare oh nice and oh nice and Paul happens to be an Albany based attorney and author of sexual assault trials. And he said getting all those statements is a big task. Yeah and Mimi Roca our friend who's been on the beans a ton former Westchester County DA and former federal prosecutor likened to the work ahead to quote putting the pieces of a puzzle together. Kathy Hoke will laid out the questions that James will try to answer in her news conference on October 2nd saying attorney general James will be the one who puts a spotlight on this case and says who knew what when what did they do wrong why didn't they come forward how was this woman denied justice and we anticipate that will come out over the right period of

28:54time. Now for her Latisha James the investigation faces several key challenges including the potential loss of evidence two years after the fact questions about her potential bias and a supposed loophole in New York sexual assault law you have you've talked about this as well it's also the same true in 19 other states I believe he said and intense pressure from the community and us and the internet. The most important job of a prosecutor Roca said is to try to conduct a fair process and really convey that fair process to the public and be transparent at the end of the day about what you did and why you did it. And the news conference James laid out her next steps as special prosecutor and I quote every New Yorker deserves to know that when they report a crime it will be investigated fully and fairly that they will be seen and heard she said we will review the facts gather evidence interview witnesses and if warranted pursue prosecutions much of the evidence may already exist notably Cornell held its own formal title nine investigation the federal civil rights law banning discrimination based on gender which includes sexual harassment and

29:58violence which was also just fucking gutted by the you know administration the investigation included more than 50 interviews including with all of the men accused of wrongdoing except one who declined to be interviewed according to a heavily redacted 99 page documents summarized in the panel's findings CNN has not seen the title nine filings which are generally confidential and restricted to the parties involved. Yeah and separately Cornell is reviewing its own response to the sexual assault allegations as we know the review is being led by former US deputy attorney general Sally Yates who's going to examine how Cornell prevents and responds to sexual harassment assault and related misconduct on campus still let us say James will have the opportunity to re-interview certain witnesses rather than simply relying on previous evidence which I think is important Darryl Hanaseen said that let us say James will have a few extra tools at her disposal she could try to cut a deal with some of the accused offering leniency or immunity in exchange for their testimony right to roll on the leaders or whatever or she could try to look for

30:59evidence of process crimes such as obstruction of justice or lying to investigators if the evidence allows. Now her role here as special prosecutor is not so different from how prosecutors may re-examine cases started by their predecessors and this is a quote that is not uncommon for people in decision making positions to have to take a look at past investigations and past decisions is from Roka with so much ahead the investigation is likely to take a while and then that is also from that Derr O'Hanaseen person and I quote because of the quantity of information that has to be processed the multiple legal questions that have to be answered for multiple individuals and I think it's going to take a lot of time that's what he said he went on to say that may be frustrating to the community that it will be taking time to get these answers the office has reached out to several experienced attorneys to bolster its team CNN reported the attorney general's office known as O.A.G. has spoken with the Tom Kins County District Attorney Jane Doe's attorney and several candidates for outside counsel to support the investigation the DA has agreed to cooperate and O.A.G. remains

32:03committed to a thorough and independent investigation guided only by the facts and the law this is from a spokesperson for James once the investigation is complete James likely will either take her findings to a grand jury or issue a report explaining why she is not recommending charges. Right and that's one of the great things about the special prosecutor is they don't just not tell you what's happening. Under most and I assume New York State's law is the same they have to talk about their declination decisions as well as any charges that they were able to bring and one challenge that she has to overcome is that some evidence may have been lost in the two years memories may have faded digital evidence could have been deleted these are real challenges several years after things happen that's what Mimi Rokas said and Doe's attorney Thomas Jufer said her rate kit was conducted weeks after the incident rather than immediately afterward potentially losing some DNA evidence but I believe she said she kept her clothes to preserve that evidence I'm not sure if that's still true he also speculated that photos and videos of the incident may have been lost or

33:04deleted due to failures of the original investigation quote I mean if this was a normal investigation that was done in New York City for example they would have gotten search warrants that's what Jufer told CNN's tap around Monday and they would have grabbed every single one of these phones off these guys and they would have been downloading all this material this whole fucking case another challenge for James is convincing the public to trust her independence and judgment now late last months she posted about Doe's case calling for her a survivor and declaring we stand with you days later with the news conference announcing her appointment as special prosecutor she declined to comment on the post Andrew Milton Burke a lawyer for one of the seven former fraternity members on Monday called for James to recuse herself from the case saying her statements could reasonably be understood as accepting that the alleged conduct occurred before she assumed responsibility of determining what the evidence establishes finally any criminal charges would have to follow New York's law defining sex crimes and lack of consent in particular lack of consent can result from being involuntarily mentally incapacitated by drugs or alcohol but and

34:08we've talked about this in 19 fucking states this is a loophole if someone voluntarily takes drugs or alcohol they can't be considered mentally incapacitated an exclusion critics have called a ridiculous fucking loophole I added that in Doe's case she said she drank alcohol and took drugs that night she also told police she was okay with an initial encounter but said she did not consent to sexual contact later that night with all the other fucking people they sent the chat to yeah and still investigators could bring charges under different theories as I said before and some legal experts agree even when someone consumes drugs or alcohol they still not not be able to consent or they could offer consent at one time and revoke it later so maybe she revoked consent and then also there could like I said earlier be obstruction of justice some of these guys might have lied right yeah it all depends on the facts of the case that's what Mimi Rokka says and it makes a case under facts like this more challenging but not impossible so we're going to keep an

35:09eye on this again that loophole even if they change the laws I was thinking the same thing you can't go back and apply it to this case right this case has to be tried under the law at the time you know I mean if the only the only change that happens from this case and I hope that it does not is that these 19 states revisit this fucking loophole then maybe maybe something positive will come out of this fucking nightmare for Jane Doe I'm hoping these boys go to prison but if the only thing that comes out is that these 19 states change their loophole law then at least something something happened yeah and at the very least we are going to know that it was thoroughly investigated by a competent investigator in Latisha James and we will also know that the truth will come out yeah right and whether it is technically legal or not is kind of irrelevant if when you have a stupid loophole and your law like that what's more important is that the truth gets out about what happened here and hopefully the rippling impact we already saw in Tucson at the University of Arizona

36:14malt like they shut down all fraternity stuff like yeah let's stop this right now so I think there's already such an incredibly positive outcome from the bravery of Jane Doe and she's also suing them civilly they might have to give her millions and millions of dollars I hope so because there is there is something to be said that Latisha James could say yes these boys raped her but no I cannot press charges because of the law at least they will be known as rapists in the public court of opinion and hopefully the civil the civil suit like you said mm-hmm yeah civil suit isn't a subject to any laws yeah and it's not a beyond a reasonable doubt it's by preponderance of the evidence so that would help whatever Latisha James finds would would help in the civil suit as well all right everybody we have good news we have to get to but we have to take one last quick break stick around we'll be right back hello martin sheen here and I have a question for you what do you do on Sunday to relax and unwind sleep in read the paper eat stuff you shouldn't binge watch the shows on your

37:16my stuff list okay all good and fine but I think this routine could be a bit better let me offer something to make your me time really special my podcast and I think once you hear it you'll realize it is the perfect addition to your Sunday or whenever you're looking for a chance to unwind tune in as I share the stories of my life along with some poetry and an occasional personal reflection in a way that will have you saying that was time well spent and I didn't even have to get out of my pajamas season four of the martin sheen podcast with yours truly martin sheen of course is underway with 10 brand new episodes I know our lives can be very busy in demanding these days who's are not so join me on a storytelling journey that you can enjoy from the comfort of your favorite easy chair and a chance to relax and be in the moment so check out the martin sheen podcast season four underway right now and make it part of your self-care routine and as always

38:18thank you for listening everybody welcome back it's time for good news you we really need your good news flood the zone with sunshine send it all to us big good news little good news yesterday 20 years ago doesn't matter it could be your favorite street joke it can be good trouble suggestions it can be a shout out to a loved one or a non-profit you want us to know about our small business in your area that could use a boost we also love self shout-outs because each and every one of you is for can also them we want to hear you tell us why you can send that to us or really any just any what you want to say hi were you at were you at the chemo theater in albacurkey we would love to see your photos and hear from you and talk about maybe what your favorite part of the night was actually anyway send it all to us daily beans pod dot com click

39:18on contact and all you got to do is attach a photo it can be your pet it can be a random animal on the internet a family photo a baby picture a sunset a funny meme a oxalot all that you found on the internet randomly whatever seriously just send it to us we we need the good news send it to us today we be in spot dot com click on contact first up is your good trouble good trouble today is easy vote early I just filled out my ballot and we'll be dropping it in the drop box tomorrow fan and you can also call or text five friends or family members to remind them to vote and don't stop pestering them until they tell you that they voted and send you a picture evidence of them voting absolutely all right from deanna pronoun she and her hello beans queens my good news is that I met and received a hug from harry done during his visit to omahawk I also attended an event democrats rally with hila reeklinton in omahawk harry done was there too so I got a second hug overall an uplifting weekend I'll attach a picture of me and harry sadly my pictures of

40:22hila reek did not turn out but it was a real shot in the arm thanks and have a great day oh my god look at this I know harry's just the sweetest guy he really is and he's 10 feet tall he's just a giant he's any so good at the hugs yes so congratulations on meeting hila reeklinton and getting a hug from the amazing harry done all right next up proud dem voter hi a g and dg today I filled out my ballot using my not ken paxton's pen pen and and filled in all two pages i'm in erasona the republicans taped a voters guide to my garage door which i hate but it came in handy as I filled everything out in the opposite of what they wanted my ballot will be dropped off by me at a drop box followed by a slam dunk move see you guys in sandiego on election night oh great you're gonna come a pod pet tariff my rescue cat snicker doodle all who we lost a breath cancer a few years ago and our current rescue will be our only one for a while and she's enjoying being the only cat

41:28all right next up confused in sandiego pronouncing him hi a g and dg thank you for providing a way to stay on top of the news without the relenting depression today we hosted a poster making party for the no kings protest next week it's become a tradition for the neighbors to come over and spend the afternoon making posters and organizing car pulls to the event as sandy agans we were all expecting a big march starting at waterfront park but there isn't one listed on the no king's site a g as a very politically active sandy agan do you know why and we've got a show note mm-hmm and it says don't know why there isn't one organized at waterfront park but there's a no kings vote early drag out the vote at bell boa park on October 17th that sounds fun we're gonna have a link to that the show notes and we do yeah and i think how something to do with the fact that this isn't a typical no kings march it's more of a vote early setup an event like at your house or a voting event type of a situation if that makes sense yeah that does make sense as materif I've

42:29attached a couple of the posters we made can you guess which ones my theater obsessed teenager made oh my gosh oh my god this Hamilton poster so good it is it is look at that that's fantastic and the berry them in ballots is also fantastic as well thank you so much for that all right next up anonymous pronouncian her greetings beans ladies i donated the medicare bribe from our orange criminal leader to the quality new mexico hi i'm so much smarter because i listened to your podcasts keep up the good work vote early attached as a picture i took in moria this summer nice cock it's a rooster everyone it's a rooster and it's a very very handsome rooster thank you anonymous i'll take the next one too you can from Tracy no pronouns Tracy says thanks for bringing some light ladies love your podcast voted for you that's right we're up for a signal award and we forgot to ask for votes today scratch that we forgot to beg for votes today please please please please don't john Stewart doesn't need it we need it vote

43:35for us to using the link in the show notes love fugle saying friday's you're good news it is a smile every day thank you here's a pick of me and my best furry friend bf clover not very golden doodle dropping our ballot off at the drop box i'll be working my local midterm elections excellent so say a prayer for me and all election workers this season look at the sweet baby hello dog oh not very golden doodle it's totally black dog it's funny thanks Tracy Amanda pronouncing her beans queens and all in between it's spooky season and we have a spooky pooch parade that makes little things a little better for a little bit which is wonderful much love for everyone that does the things to get through each day keep it up oh oh oh oh oh oh look at this oh my god the second picture is hysterical oh man that's funny oh man that's so good that's so great oh and also we have a note from our producer uh who wanted to let Tracy know that today he learned that golden doodles

44:40don't have to be golden so here you go very funny all right everybody thank you so much for your good news please continue to send it all to us daily beans pod dot com click on contact thank you again for your incredible donations to a quality new mexico again so much gratitude from them and everybody uh that was there that night it was so great to see you and uh we hope to see a lot of you coming to the election night watch party and if you're not a patron yet and you want to get presale tickets or tickets to these exclusive events and also get these episodes and unjustify ad free and early you can go to patreon.com slash the daily beans and sign up to become a sustaining member which helps us stay on the air so thank you thank you so much all right think that's it sign up nope no final thoughts today nope all right everybody we'll be back in your ears tomorrow come check us out on beans talk our video podcast it's completely different you'll love it uh and you can find it on youtube so until then please take care of yourselves take care of each other take care of the planet take care of your mental health and take

45:42care of your family vote blue no matter who and take everyone you know with you and vote down ballot all the way i've been a g hop in dg and them's the beans the daily beans is written in executive produced by allyson gill with additional research and reporting by danne goldberg sound design and editing is by deseret mcpharlan with art and web design by joelle reater with moxie design studios music for the daily beans is written and performed by they might be giants and the show is a proud member of the msw media network a collection of creator owned podcasts dedicated to news politics and justice for more information please visit msw media dot com msw media hello martin sheen here and i have a question for you what do you do on sunday to relax and unwind sleep in read the paper eat stuff you shouldn't binge watch the shows on your my stuff list okay all good and fine but i think this routine could be a bit better let me offer something to make your me time really special my podcast and i think once you hear it you'll realize it is the

46:48perfect addition to your sunday or whenever you're looking for a chance to unwind tune in as i share the stories of my life along with some poetry and an occasional personal reflection in a way that will have you saying that was time well spent and i didn't even have to get out of my pajamas season four of the martin sheen podcast with yours truly martin sheen of courses underway with ten brand new episodes i know our lives can be very busy in demanding these days who's are not so join me on a storytelling journey that you can enjoy from the comfort of your favorite easy chair and a chance to relax and be in the moment so check out the martin sheen podcast season four underway right now and make it part of your self-care routine and as always thank you for listening