Congress Grills Top Epstein Lawyer

19 Mar 2026 · 41 min · 15 chapters

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In short

The episode links escalating U.S.-Iran conflict economics with congressional oversight of the Trump DOJ, then pivots to the Epstein investigation—especially testimony from Epstein’s lawyers and questions about evidence handling—plus a later segment on music/culture and streaming.

Guests and backgrounds

  • Jared Bernstein, Chair of the Council of Economic Advisers under President Biden.
  • Larry Pfeiffer, national security intelligence expert; served in CIA (Bush 43) and the Obama NSC; technical advisor on Catherine Bigelow’s Netflix film “The Hurt Locker” (nuclear-war themed).
  • Barbara McQuaid, former U.S. attorney; MSNBC legal analyst.
  • Nancy Erica Smith, attorney; civil rights work; represented victims of workplace harassment and sexual assault.
  • Neil Shaw, longtime music reporter (Wall Street Journal); writing a book on the 2010 hip-hop boom.

Key claims + notable examples

  • Bernstein: unsanctioning Iranian oil is hard to reverse; war-damaged infrastructure keeps gas prices high; “rockets and feathers” effect; gas above $4 likely; higher costs erode tax refunds.
  • Pfeiffer: White House lacks coherent interagency process; intelligence on “imminent threat” appears absent; cites Tulsi Gabbard’s refusal to confirm timelines; criticizes short-term, telegraphic policy.
  • McQuaid: Comey subpoena and broader DOJ pattern look pretextual; points to prior investigations (Mueller, IG, Durham) and “judge shopping” concerns.
  • Smith: FBI allegedly let evidence be removed from Epstein’s safe; argues Indyke’s cash/shell-corporation explanation is implausible; calls for ending NDAs to uncover facts; references “Jane Doe No. 4” files.
  • Epstein examples: Darren Indyke grilled; accountant Richard Kahn tied to FBI-safe contents (CDs/hard drives) and alleged removal/packing into suitcases; email disputes Trump’s claims about breaking ties with Epstein; Congress reviewing unredacted files.
  • Music segment: Neil Shaw says streaming expanded global-language hits (e.g., Bad Bunny, K-pop) and that live music revenues increasingly concentrate at the top 1%.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Trump's Economic Strategy and Iran

1:01 to 3:00

Discussion about Trump's strategy towards Iran and its economic impacts.

“It's threatening now to really metastasize into a global economic crisis.”

Intelligence and Military Strategy

3:00 to 4:20

Analysis of military strategy and intelligence assessments regarding Iran.

“If I were, I certainly wouldn't tell you, but I'm not putting troops.”

Economic Impact of the War

4:20 to 9:20

Exploration of the economic ramifications of the war and oil prices.

“It would be a disservice to you and the American people to answer this question with Amir.”

Politics, Oil, and Midterms

9:20 to 13:20

Examination of the political effects of oil prices and Trump’s war strategy.

“As a guy who worked 32 years in the intel community, the history of that intel community is such that, you know, it was founded on the fact that we didn't provide sufficient warning before Pearl Harbor.”

Trump's Resentment Towards Comey

14:00 to 17:11

Explore the tensions between Trump and Comey, including legal implications.

“Trump has long resented Comey as an independent official, an FBI director that he could not control or politicize in those early days of his first term.”

Examining DOJ's Misuse of Power

17:12 to 21:34

Discussion on the DOJ's conduct under Trump and its implications.

“I mention all that because Because we could go into the particulars of this Comey subpoena, and I'm curious to hear your view of it as described.”

Congress Investigates Epstein's Legal Team

24:23 to 28:00

Analysis of congressional inquiries into Epstein's associates and their roles.

“There's also testimony coming in from Epstein's longtime lawyer who told Congress he just didn't know about Epstein's wrongdoing.”

Unpacking the Epstein Case and DOJ Actions

28:00 to 29:30

Discussion on the controversial handling of evidence in the Epstein case.

“that he was going to take to his home, according to the FBI.”

Introducing Nancy Erica Smith

29:30 to 30:10

Introduction of attorney Nancy Erica Smith and her background.

“Will you commit to complying with that subpoena and appearing for a closed door deposition?”

Critique of FBI's Handling of Evidence

30:10 to 32:08

Discussion on the FBI's failures in handling Epstein's case and evidence.

“Let's start with what sounds like a very unusual situation with Epstein's former lawyer and accountant.”
Show all 15 chapters

Allegations Against Epstein and Trump

32:08 to 33:54

Examining allegations involving Epstein, Trump, and the implications of settlements.

“And so you could be accused of a quadruple homicide.”

The Call for Transparency and Truth

33:54 to 34:56

Discussion on the need for transparency and the removal of NDAs.

“abused her when she was 13 and that Trump abused her when she was 15.”

Commercial Break and Ad Reads

34:56 to 36:24

Sponsor ads for Venmo and Cosentix, highlighting their features.

“We're going to finish a break, but we come back.”

Music Industry Trends and Global Influence

36:24 to 42:05

Exploring the impact of streaming on music diversity and artist exposure.

“Panico will talk about the possible connection.”

Cultural Commentary on Music and Politics

42:05 to 45:11

Explore the intersection of music, culture, and political engagement.

“Which makes sense, I mean, because Epstein's island is gone.”
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Transcript

Automatic transcript. May contain errors.

0:01Hey, take a breath. You've been moving all day. Scrolling, answering, planning. But for the next few seconds, you get quiet. Now imagine warm light. A place where your shoulders finally drop and you feel like a kid again. Never lose that feeling. Never lose your splash. Visit Lauderdale. This NBA playoffs with FanDuel. You're not just watching the playoffs. You're a part of them. Steve's got the phone, opens FanDuel, and he's going for threes. Be a part of the action on FanDuel. All customers get a profit boost every NBA playoff game day. 21 plus and present in select states. Opt-in required. Bonus issued is non-withdrawable profit boost tokens.

0:50Restrictions apply, including any token expiration and max wager amount. See full terms at FanDuel.com slash sportsbook. Gambling problem? Call 1-800-GAMBLER. Welcome to The Beat. I'm Ari Melba. We begin with Trump's war on Iran. It's threatening now to really metastasize into a global economic crisis. And the strategy has reached levels of incoherence and public contradiction. World markets very much rattled today. Here's some video from Iran. The largest natural gas field in the world is on fire. That's after some Israeli strikes. Iran has hit oil and gas infrastructures throughout the Middle East.

1:24We have footage there from Saudi Arabia cycle of escalating attacks on energy targets. Trump tried to tamp this down, and he's threatening to escalate his own attacks, though, on energy targets. He says the U.S. will massively blow up Iran's largest gas field if Iran strikes more oil fields. The Treasury Secretary also taking this kind of approach, saying the U.S. is considering rolling back sanctions on Iranian oil. We had a break-the-glass plan across the administration and at Treasury. We unsanctioned Russian oil. We knew that there were about 130 million barrels on the water, and we created supply that is beyond the Straits of Hermos.

2:06In the coming days, we may unsanction the Iranian oil that's on the water. It's about 140 million barrels. unsanctioned Iranian oil. That, of course, is a reversal of something that has been a long-standing way to have impact on Iran. Bloomberg reports doing that would be a reversal of policy, since the U.S. has used energy sanctions to bring Iran to the negotiating table over nukes. The price of crude jumping$100 to$119 a barrel. Then it kind of moved around and landed around 108. Experts say gas prices could reach four bucks a gallon. The Pentagon is preparing to ask Congress to pay this bill.

2:47And this is a rolling, rising tab,$200 billion. Those numbers only go up. They don't go down. There's also reported the Pentagon is eyeing a new phase, considering deploying thousands of U.S. troops to the Middle East. This would be to secure the Strait of Hormuz as well as a hub for oil experts. Reuters reporting on that. Trump has been sending mixed signals. people ask boots on the ground no boots on the ground four weeks two weeks six weeks go in go in president trump knows i know you don't tell the enemy the iranian regime is still sky news if you put boots on the ground in iran it will be another vietnam are you afraid of that no i'm not afraid of i'm really not afraid of anything one of the circumstances where you send in round troops how are you thinking about that you know i'm not going to answer could there be possible for very good reason.

3:38After me, very good reason. I'm not putting troops anywhere. If I were, I certainly wouldn't tell you, but I'm not putting troops. Wouldn't tell you, but a bit of a mix there. It's contradictory messages on the troops, on the timeline, and the endgame. What's the rationale and how do we know when we're done? Top intelligence official Tulsi Gabbard was grilled about Iran and whether it poses a threat. There is no imminent threat of nuclear breakout. Did you deliver that assessment to the president? I have delivered the intelligence community's assessments to the president. Were they weeks away of achieving a nuclear weapon?

4:18Yes or no? Congressman, this is a serious matter. Yes or no? Were they weeks away? Yes or no? It would be a disservice to you and the American people to answer this question with Amir. Reclaiming my time. Reclaiming my time. We're now joined by Jared Bernstein, chair of the Council on Economic Advisors under President Biden. Larry Pfeiffer, national security intelligence expert. He served in Bush 43 CIA and the Obama National Security Council. And we should note, has been a technical advisor on a House of Dynamite, Catherine Bigelow's Netflix film, which brings the threat of nuclear war to your home screen and is a harrowing, a harrowing way to look at all these issues.

4:55I want to start with you, Jared, on the on the economics. Why is the U.S. right now acting so desperate under the Trump administration, talking about unsanctioning? And is this something we can easily back out of? Can we go back to where we were before they started the war? Well, it's getting tougher and tougher to back out. I don't think easy would be a word that comes to mind, especially when you start seeing, as some of your clips just showed, the destruction of infrastructure. One of the things we know is that when these types of conflicts end, if oil production infrastructure has been destroyed, it, of course, takes much longer to resume production and refinement.

5:39But in terms of why this is so challenging, before this war started, the Trump administration had a really tough record when it comes to affordability, which, of course, is the number one concern of so many American households right now. The tariffs, of course, exacerbated that problem. Well, now we have it hitting the energy markets in ways that, again, you just described. The price of gas, the retail price of gas is up about 90 cents a gallon in just a few weeks. Diesel's up 142. And this doesn't just affect people filling their tanks. This affects the food market. This affects groceries. I even noticed today that the 30-year fixed rate mortgage rate has spiked up 40 basis points, four-tenths of a percent, on the basis of some of the financial dynamics around the war.

6:28So it's very costly to American households at a time when they're most concerned about affordability issues. Larry, same question, and we're seeing this kind of odd telegraphic from the White House, which seems like short-term planning. We'll unsanction, do a loophole for a little bit, then get back to normal. But your view of all this? Well, you hit the nail on the head there in terms of short-term planning. This appears, if I was a foreign intelligence service and I was looking at what's happening with America's management of this war with Iran, I would walk away saying there is no interagency process affording the president detailed and necessary expertise.

7:10You have services, the diplomatic corps, the intelligence corps, the defense department, other places, FBI, homeland security that have been gutted of expertise, either intentionally or unintentionally through these early retirements. You have apparently inadequate, maybe the most polite way to describe it, management of this small coalition we built with Israel. You have Tulsi Gabbard today up on the Hill telling Congress that we have differing objectives in this war, and she seemed to be okay with that. Yeah. We also had this official who's resigned with a bundle of sort of critiques, and the administration's been lashing out at him.

7:56He spoke to, it's Joe Kent, spoke to Tucker Carlson. Larry, take a listen. the argument that there was an imminent threat as in iran was planning to attack us immediately that just simply did not exist there was no intelligence that said hey on whatever day it was march 1st the iranians are going to launch this big sneak attack they're going to do some kind of a 9-11 pearl harbor etc they're going to attack one of our bases there was none of that intelligence. Larry? So not a big fan of Joe Kent. Didn't think he should have gotten the job even to begin with. But as they say, a broken clock can be correct twice a day.

8:37I think this is an instance where he's speaking truth to power. There does not appear to have been any change in intelligence since a year ago when Tulsi Gabbard went up on the Hill and said that Iran had not made a decision to recommence its nuclear weapons development program. We've subsequently had the 12-day war where the infrastructure to support such an effort was, quote-unquote, obliterated. And today, up on the Hill, you didn't have anybody willing to commit to the notion that there was intelligence indicating that there was an imminent threat. Instead, you have Tulsi Gabbard dodging behind this notion that only the president can decide what is an imminent threat.

9:21As a guy who worked 32 years in the intel community, the history of that intel community is such that, you know, it was founded on the fact that we didn't provide sufficient warning before Pearl Harbor. And the most significant reforms to that intel community happened after 9-11, another instance where we didn't provide enough specific warning for an administration to act. So the intel community takes that responsibility very seriously to provide that imminent warning. Jared, where do you see this going on the oil and economic front? Well, there's a phenomenon in this market. It's called rockets and feathers.

9:59Another way of saying that the gas price takes the elevator up and the stairs down. It's kind of a reflection on some of the things I was talking about earlier. Once this war ends, this is not a switch, a flip the switch moment to get things back to where they were. Oil prices, gas prices shoot up very quickly, but they come down quite slowly. I'm pretty confident we're going to be looking at gas above$4 a gallon pretty soon. We're almost at$3.90 right now, and it's been rising fast. And it's been very sensitive to some of the just degrading of the infrastructure and the the way the war has been prosecuted as per your last discussion with Larry.

10:42So I see this as being a real squeeze to American consumers. You know, one of the things the administration has been touting is that average tax refunds are supposed to go up this year because of the budget bill, maybe something like$600 or$700 per household that gets a refund. Well, we're looking at an increase in the gas price, according to our estimation, based on the dynamics I just described. that's in that same ballpark. So basically, this gas price increase is going to eat people's refunds pretty much fully through. And so, you know, that's, again, that's the kind of pinch that households are facing on the back of this war.

11:23And Jared, you've served in a White House. Everyone says they're doing the work, but politics suffuses everything. Trump's not shy about that. He just lost a big push to try to strong arm the Fed into taking on economic policies, juicing the economy, going into the midterms. He admits it, although he lost. How do you, if you have a negative or skeptical view of this president, how do you square that whole thing, which was trying to get the economy better, going into the midterms for his political reasons, and he might say because he He thinks it would be better for the country with a now open ended oil mess of a war that, as you just described, and anyone can look at the the pump or the markets and see the problem.

12:10How do you square that with him roiling the markets, which is the opposite of what he wanted to do to make things, quote unquote, better for the midterms? Well, it's unsquareable. In other words, what the president told a lot of people, even back to the campaign, is that I'm going to make your life more affordable. You'll see lower prices, lower interest rates. He comes into office and well before this war, he starts making your life less affordable by slapping tariffs on virtually all of our imports. Then he launches this war, which is having the effects we just described on the gas price. But what does unsquarable mean?

12:46You think he doesn't get it? He's incompetent? I think that he is a phony, quote, populist. I think his message, he tells the people what he wants them to hear, and then he goes out and acts in ways that are antithetical to that. He's going, and Larry's right, he's just going based on his instincts, which have proven to be really pretty bad. He has way too much self-confidence in his knowledge, which of this region is just remarkable, the mess they've gotten us into this quickly. Yeah. Jared Bernstein, Larry Pfeiffer kicking us off on two aspects of this. Thank you very much. I want to tell folks tonight Congress is putting the heat on the Trump DOJ, Epstein's lawyer under oath.

13:30But next, we just talked about Donald Trump's approach to the Fed. He's using the same failed playbook against James Comey, a brand new subpoena against the FBI director who stood up to him. I have a special legal breakdown on this and a guest, and we're back in 90 seconds.

13:51Breaking news today, DOJ subpoenaing former FBI director James Comey, another sign that Trump's DOJ continues to target his perceived enemies even after getting slapped down in court. Trump has long resented Comey as an independent official, an FBI director that he could not control or politicize in those early days of his first term. In fact, if you followed politics long enough, it was one of the big first clashes and then got wrapped up into the Mueller probe. But Trump publicly called for selective prosecution of Comey, which is illegal. Now, the last case fell apart in November because the DOJ's temporary prosecutor who went after Comey was found to be serving illegally the case thrown out.

14:31Now, those defeated allegations were thin. It was about Comey back when he was in office and then afterward when he was testifying about what he did in office, whether he misled Congress. These new subpoenas go back even farther. They try to allege that U.S. officials, including Comey, who handled intelligence about Russia and dealt with probes into Trump's campaign were somehow part of a criminal conspiracy, according to Axios report. Now, let's just be clear. When you have an honest DOJ and there's news of subpoenas or charges against someone, it usually tends to come with evidence and the prospect that a subject is in the wrong.

15:08In other words, we follow all the evidence, but you say, oh, probably something there, whether it amounts to a crime or not. Nowadays, with this DOJ under Trump and Bondi, it has become the opposite. Probes of most top government officials tend to add to the evidence against the DOJ and not those people. It adds to the evidence of a quite blatantly huge illegal enemies list. Because Trump has illicitly asked, often in public, to abuse DOJ powers, to go after the people you see on your screen, to probe and investigate, to indict or arrest, and even jail people who exercise their rights to disagree with them or their oath to the Constitution.

15:52If this list looks almost comically large, it is. Because a lot of these in green, for example, fell apart. But these are the many people that we know of that they're trying to go after. It includes the current federal officials like the Fed chair. These efforts have failed. Trump just lost another bid to subpoena Chairman Powell, which we discussed on tonight's program. That was just last week. The judge dealing Trump a loss, publicly showing he was powerless to misuse subpoenas as a form of, quote, quote, harassment. And that's the word the judge used. So tonight we have a serious report of the misuse, possibly, of more subpoenas to harass someone who's already been cleared several times, Mr.

16:35Comey, but you can't look at it alone. We're going to bring you the facts without fear or favor here, even though this enemies list, as you see in the upper middle, includes journalists now, Don Lemon indicted by the same DOJ. But taken together, this isn't just a story about James Comey and Donald Trump. It's a story about the wholesale abuse of the DOJ to go after these enemies. Now, if I had to update this with some fairness and say, on the other hand, some of these cases went to trial and landed in convictions, I would tell you if that happened. But a year in, they are zero when it comes to closing and winning any of these cases.

17:11I'm joined by Barbara McQuaid, former U.S. attorney and MSNOW legal analyst. I mention all that because Because we could go into the particulars of this Comey subpoena, and I'm curious to hear your view of it as described. But I don't think we can accurately at this point deal with the Trump DOJ without looking at the pattern. How do you see it tonight? I think that's absolutely right, Ari. I mean, I'm glad you included on the screen there not only Jerome Powell and Don Lemon, but how about the six members of Congress who merely restated the law accurately and had an effort at indicting all of them?

17:49And so, you know, I know sometimes this Justice Department is accused of being Donald Trump's personal law firm, but it's more than that. Law firms do zealously advocate on behalf of their client, but they usually do so within the parameters of the law and ethics. And what we're seeing by this Justice Department are these efforts to find charges against people where, at least in some instances, we know there are none. And so I am concerned, you know, about this case in particular, Ari, we know that there have already been three investigations into the origins of the Russia investigation. There was the Mueller report.

18:24There was an inspector general report. There was the John Durham investigation. And all of them found only some minor problems, and those have already been dealt with. We also know that the Mueller report was final in 2019. You know, my math's not that great, but I think it's beyond the five-year statute of limitations. And so it's very difficult to imagine that there is a real case here. But certainly there is the ability to make people's lives miserable. There is the ability to create at least an impression that there was something phony going on about this. And what's different here, Ari, from what we saw in the Powell Federal Reserve case of last week, is that it's not Chief Judge James Bosberg who is going to be overseeing these subpoenas and, in that case, quashed subpoenas because he found a mountain of evidence that the investigation was pretextual.

19:16But it appears that this investigation is being run out of Fort Pierce, Florida, under the watchful eye of none other than Judge Aileen Cannon. And so it may be that a little judge shopping is going on here as well. Yeah, you look at the judge shopping and you look at the wider pattern, should honest judges keep that in mind? We're always told that judges look only at the case before them. But at a certain point, this habitual abuse has led some judges, you mentioned the quashing of the subpoena, there's been a clash in New Jersey about the misuse of prosecutors under Trump. We're seeing some judges act more quickly to be more skeptical of the government, whereas, as I mentioned, in normal times, there's regular order and there's some deference to the DOJ.

20:00Yeah, there's ordinarily this phrase that's referred to as the presumption of regularity. That is, that government lawyers take an oath to support the Constitution, that they are acting in good faith. And when it comes to grand jury subpoenas, they are entitled to a very broad scope of deference. It isn't even that it has to be relevant to an investigation, just that it could be relevant to finding some discovery that might be relevant to an investigation. And yet what you say is so important, that is this administration, though, time and again has demonstrated that it has lost that presumption of regularity.

20:36So I do think that we are going to see many judges taking more skeptical eye, as has already been done, but I don't know that we're going to get that from Judge Aileen Cannon. I also worry, Ari, about what this does to the Justice Department going forward. While we do have what appear to be very politically motivated cases, there are also honorable assistant U.S. attorneys all over the country who are investigating real cases of kidnapping and human trafficking and bank robbery and other kinds of things. And if the Justice Department loses this presumption of regularity because of the abuse that we're seeing by the Justice Department, I worry that public safety and the American people will be poorly served in the future because of the way this Justice Department has kind of ruined it for everybody.

21:20Yeah, this is why we can't have nice justice departments, as the saying goes. Barbara McQuaid, we do appreciate your clarity, your sobriety on these kind of stories. And we're going to stay on these, even if it can seem exhausting to look at the list we showed you. So thank you. later tonight I have a fact check for Megyn Kelly and Secretary of State Rubio stick around for that the Epstein scandal continues to give Pam Bondi a different set of problems we're going to get into that and the evidence about an Epstein lawyer hiding material out of their safe that's next

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23:58There's been a lot going on with the Epstein probe in Congress and what Democrats say are evasions by the Trump DOJ. Democrats say the attorney general may be trying to evade a lawful subpoena forcing her to testify on this because she's been dodging. The House Oversight Chairman Comer appears to be backing Bondi, although he did be, he was a part of the committee pursuing the subpoena, but now we're talking about what it means to really comply. He does say yesterday's briefing would not replace, of course, the public process of testifying under oath. There's also testimony coming in from Epstein's longtime lawyer who told Congress he just didn't know about Epstein's wrongdoing.

24:36Now, people are entitled to a lawyer and a criminal defense lawyer, but there are larger questions here. There are documents suggesting the facilitation of payments to women, as well as directing witnesses to avoid law enforcement. And so while no one should be denied a lawyer, even if you face the most heinous allegations in the world under U.S. constitutional law, that does not mean that lawyers can just do anything. And so there are still questions, we've probed some of them, about the people around Epstein and whether they crossed the line into joining in his crimes. Congress is going through the unredacted files.

25:10Congressman Goldman yesterday said that one unredacted version of an email, which was heavily blacked out, raises questions that it contradicts some of Trump's defenses about why he ever broke ties with Epstein.

25:24This document here was redacted to the public. It was unredacted to Congress, and it completely disputes everything that Donald Trump has said about Jeffrey Epstein, about what he knew about the allegations, about his disgusting behavior. If the attorney general is covering up this information that she then reveals to Congress, what else is she covering up about Donald Trump's involvement? This is active. The pressure and the evidence is pouring out as we speak. That was, of course, just yesterday, middle of this week. The Daily Beast reports about that same email that it would suggest Epstein maybe was never even asked to leave Trump's club and that Trump may have been on Epstein's plane and at his home.

Read the full transcript

26:14Now, to be clear, this is an email out of the larger tranche of files. MS now hasn't confirmed the underlying validity of those documents. Trump hasn't been accused of criminal wrongdoing related to those documents. But even if they simply show that Trump has been lying for years about why he broke up his friendship with Epstein, that is a matter of major public interest. Now, Congress is doing some of this work, however delayed. Today, the Epstein lawyer, Darren Indyke, was being grilled. He's one of the two key lawyers for Epstein. As I mentioned, they say they were just doing their jobs. Other people question whether they took a role as lawyer and turn it into fixer or worse, or ever knowledgeably, knowingly got involved in the criminal scheme.

27:00And facilitating payments that you know are for breaking the law is different than, for example, providing someone legal defense. Now, take reporting about one of them, Richard Kahn. He was a longtime accountant. Now, Congress grilled him as well. He was previously questioned by the FBI about the contents of this safe. Take a good look. Because the BBC has reported, based again on a lot of the new information we're getting, that when the FBI originally raided Epstein's New York mansion back in 2019, the very day he was arrested, agents forced open the safe you just saw, and they found valuables like diamonds and cash, but they also found binders of CDs and hard drives.

27:39Now stay with me here, because it gets interesting. There was an issue allegedly with the warrant, and so they didn't leave with all the items. Then they returned with a new warrant. The BBC notes that then the safe had been emptied while they were gone. The FBI documents, including the newly released Epstein files, give more color to this. Now, Khan then told the mansion staff, pack up two suitcases with the contents of that safe that he was going to take to his home, according to the FBI. That could allegedly include things like CDs and hard drives, which makes you wonder what did this sex trafficker want with CDs in his safe?

28:18After the FBI spoke to Kahn's then lawyer, he agreed to hand over those suitcases, allegedly untouched. He didn't want agents coming to his house, though, and declined to say who told him to remove the items. This is when your accountants need accountants and your lawyers need lawyers. Kahn's lawyer telling the BBC his client did cooperate with the FBI, and that is BBC's reporting. We haven't independently gotten additional information, but these are all the questions that, with the new files, really make you wonder why the DOJ seemed to operate this way. Why was evidence allowed to be removed from the safe?

28:53Did they confirm they got all the right CDs? Why didn't they pursue these leads more? Part of this story, of course, seems to continue to revolve around the politics and the pressure and the blame game. But another big part of it is still about the victims and the evidence and how long it took to get any kind of justice and why, even when you had an FBI warrant, You could go and take stuff out of that safe and then return it on your good word and promise a little later on. Nancy Erica Smith, who takes no prisoners, is my special guest on this next.

29:30Will you commit to complying with that subpoena and appearing for a closed door deposition? I made it crystal clear I will follow the law. But does that mean you will appear? We sat there saying, anything you want to ask us, ask us anything you want to ask us. And they screamed C-SPAN wasn't there, one of them. And then they stormed out of the meetings. That's the attorney general's take on this clash over whether she will follow the subpoena to testify under oath in public. She says C-SPAN like it's a dirty word. It's actually part of how congressional hearings are broadcast for every agency.

30:03We're joined now by attorney Nancy Erica Smith. She has done civil rights work and represented numerous victims of workplace harassment and sexual assault. Welcome back. Thank you. Let's start with what sounds like a very unusual situation with Epstein's former lawyer and accountant. Congress is finally taking this testimony. I walked through some of the odd scenarios, including that safe. We can put the photo back up. Your view of all that. Well, the FBI has never been great on sexism. sexism. I mean, the FBI has been sued for sexism and misogyny many, many times. So I think that the FBI in this case certainly decided to protect the powerful and the connected and women and young girls just didn't matter because it's outrageous that they left, left the safe and somebody was able to take stuff out of it, bring it to his home.

30:54And then they didn't show up to the home with a warrant for the whole house. I mean, they wouldn't. What do you mean he wouldn't let the FBI in the house. It's all absurd. And when you're dealing with someone like Epstein and you find out that he has CDs and hard drives and you know that he has a surveillance system and you know now from the files that were released that he would talk to people about, let me get the records of this and the email of that and prove where people were. What other questions does that raise in a competent probe of what's on the CDs? In a competent probe, well, many of the young victims have said that he he videoed them.

31:27So we, you know, and there's certainly some evidence in the files that he was blackmailing people, that he would say things like, well, I would never tell your secrets. Well, that's a way of saying, maybe I'll tell your secrets. So the CDs, they may have settlement agreements. They may have legal documents. They may have information about the numerous shell corporations. It says that the investigation was never serious from the time that it was dismantled. And he got a sweetheart deal in Florida right up until the time he died. And so everyone's entitled to a lawyer. And, you know, when people hear us say that, I mean that.

32:04There's some people in this country who don't care about the constitutional rule of law. We do. Yes. And so you could be accused of a quadruple homicide. You get a lawyer in this country or the Constitution. Right. But you don't get a fixer or a co-conspirator or a mob lawyer who's a criminal. There is a difference there. And so I don't want to be misheard as impugning anyone's right to counsel. But Mr. Indyke says to Congress, now that these questions late are being asked, he says to explain all this money stuff. Mr. Epstein, quote, had difficulty accessing credit cards from banks. He required cash to pay for expenses like maintenance, repairs and daily household needs, meals, gifts, gratuities and fuel for his private aircraft.

32:43Is this a valid and competent defense for a sophisticated attorney? Or did he know or should he have known that the amount of cash and shell corporations and other activities suggested future misuse of funds for sex trafficking? Yeah, I think it's highly unlikely that he didn't know. It's it's highly unlikely. I don't have the facts, but we do know that Khan, Epstein's accountant, testified that the Epstein estate settled with Jane Doe No. 4, a very important Jane Doe. Jane Doe No. 4's files were hidden until Trump bombed Iran and changed the subject. Jane Doe's No. 4 files were only found missing because of the Maxwell discovery.

33:29discovery. And people notice that bait stamps, numbers, numbers that lawyers use to identify documents were missing. So we get finally, right after bombing Iran, we get the Jane Doe number four files. Now, lying to the FBI is a crime. Martha Stewart went to jail for it. All people interviewed by the FBI are told that. Jane Doe number four alleged to the FBI that Epstein abused her when she was 13 and that Trump abused her when she was 15. Kahn, Epstein's accountant, testified that the Epstein estate settled with Jane Joe number four for both Epstein and Trump. His lawyer tried to walk that back.

34:14Indyke refused to confirm or deny that. Now, how do we get to the bottom of that? Congress passes a law invalidating all NDAs from the Trump or the Trump organization, from Epstein, any of his entities, from the estate or based on any activities at the Epstein properties. Let's have the truth. We want the truth. No NDAs. Yeah. You're speaking to how we could get to the facts. And as we always say, if the facts clear people, if you remove the muzzle and the facts clear people, great. Then the country benefits from that. And if the facts are complicated, let's get into them, as you say, and you know how this works.

34:51I think you're making important points here. Thanks, as always, for joining us. Thank you. Appreciate it. Nancy Erica Smith. We're going to finish a break, but we come back. The fact check, I promise you, Donald Trump's diplomat, Marco Rubio. We are going to show you how he failed Megyn Kelly's test and then some.

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37:15Washington is focused on media mergers lately. Trump allies reached a deal to buy the whole Warner Brothers empire, including CNN, stoking questions about the future of everything from news to American film culture, while the Oscars had jokes about an industry in decline and whether people even still really go to theaters anymore. As if they're like the bygone era of vinyl records. Of course, that would assume that vinyl records are over. And in fact, music fans are so passionate now, even though they can get music basically for free. Many are buying their favorite artists' old-school vinyl records, leading to a sales surge that hit a billion dollars.

37:53And data shows Taylor Swift, The Weeknd, and Billie Eilish are some of the most streamed artists now. And while streaming might have its drawbacks, it's reviving concerts for those big acts and broadening people's exposure to more global music. U.S. record stores typically focus on American music. For years, English language music has dominated pop charts, but now these streamers like Spotify make it easy to listen to the world. And did you know this? The share of music in languages besides English has doubled among the top songs compared to about five years ago, now including Korean and Portuguese hits.

38:30And that is before you even get into Spanish, where Bad Bunny has topped U.S. and global charts with his reggaeton songs. The Super Bowl performance was a ratings hit, even as attacks and MAGA meltdowns didn't appear to resonate with most viewers. In fact, the right-wing performative snowflake outbursts basically rang pretty hollow that weekend and this week, after Trump diplomat Marco Rubio went full bunny in a recent address. Consider the contrast. Nobody understood a thing. We needed subtitles for our own Super Bowl. Not one word of English, not one word of English, one word. I know that these countries are here.

39:14First, the president has made this region a priority in his administration. There are many presidents who have said they're going to do it. But to get up there and perform the whole show in Spanish is a middle finger to the rest of America. Y se lo agradecemos. Y muy agradecido a los 12 países que están aquí hoy. Estos son países que no solamente son aliados, son amigos. For MAGA, apparently it's okay when they do it. Or as Benito or Marco might say, está bien cuando ellos lo hacen. Hope nobody's upset. These shifts in music and culture are broader than partisan spats and may offer a clue for where things are headed even after we get through maybe this divisive time.

39:57With that in mind, I want to bring in a guest making his beat debut. Neil Shaw is a longtime music reporter, many years with the Wall Street Journal. He's now working on a book about the 2010 hip-hop boom. Working title, All of the Lights, coming out next year. Welcome. Nice to see you, Ari. Great to have you. How about that? Music and lyrics in other languages are apparently popular. Yeah, the mini backlash to Bad Bunny in the Super Bowl is just... And President Trump's comments about all that is just out of touch with the reality of music, pop music today. I mean, in the last half decade, Bad Bunny has been Spotify's number one artist for much, if not all, that time.

40:44And we hear so much about the downside of streaming or things changing. It's fascinating that American and other consumers are finding that when offered more choice, they like other songs in other places, sometimes with lyrics they don't know. Lots of consumers, many artists have major problems with Spotify. I'm not saying that there aren't in the realm of artist compensation. But one thing that's been fascinating that we've seen is that streaming has allowed many of these artists, these global artists, to kind of crash through the traditional gatekeepers in the American music industry such that, you know, Latin music, Bad Bunny, K-pop, the K-pop Demon Hunters phenomenon, on.

41:30BTS, which has an album coming out on Friday. Afrobeats. A lot of these sounds are getting a bigger purchase on the zeitgeist because streaming opened doors wider than maybe the traditional industry would have. I want to show some of what we've seen both at the Oscars and the Grammys, where we're in this corporate merger environment I mentioned. The big companies and platforms don't really want to get that political. And yet we're in this moment. Take a look. That is a Grammy that every artist wants, almost as much as Trump wants Greenland. Which makes sense, I mean, because Epstein's island is gone.

42:08I should warn you, tonight could get political, okay? And if that makes you uncomfortable, there's an alternate Oscars being hosted by Kid Rock. Mr. Nobody Against Putin is about how you lose your country. You lose it through countless small little acts of complicity. Another illegal war created by Trump and Netanyahu never took to, with another lie. Eyes out.

42:36You've covered music for decades. Is it a more political time as people respond? Or do you identify with the kind of corporatized, everyone's a brand critique that we're nowhere near the 70s or the 60s for artistic leadership? I think as a music fan and as a music expert, I think I'm disappointed in how quiet the voices are. Our country is going through pretty tenuous times right now. And I think what's louder is the silence of so many artists that could be a little bit more politically active. I mean, it's encouraging to see, for example, Bad Bunny talk about ice at their Grammy. So I'm not saying that there aren't voices out there.

43:21I just think that they could be a lot louder. You've also written for the journal looking at really the business side of this. And it's connected what happens in business and how we get culture, right? I mean, that's why people care a lot about if MAGA folks are running Warner Brothers or CNN or what's happening in music. And so when you look at the concert side, though, you wrote about how music superstars are. You said the new one percenters, a very different dynamic. That 60 % of the concert ticket revenue now goes to the top 1%. That was a few years back in the concert. That was before Taylor Beyonce and all this.

43:58That was before the Aeros tour. The Aeros tour, right. So what's happening there and how does that matter for our culture? Well, basically, the same income inequality that's rampant throughout different parts of the U.S. economy is really apparent in the concert industry, where a lot of the money essentially is going to the highest tier of artists. the Taylor Swifts of the world, you know, the bad bunnies of the world, Kendrick Lamars, and less of it is going to the middle of the, kind of the middle, so-called middle class of artists. It's a funny phenomenon because in the streaming era, the revenues of the biggest artists are getting turbocharged and also new channels are opening up for the smallest artists as well, both in streaming and in the live industry.

44:50Where things get difficult is in the middle, where in the CD regime, back in the 90s, it might have been a little easier for people to make a living with their concerts and with their albums. It's a little harder now, and the one-percentification of live music doesn't help. Music writer and author Neil Shaw, thanks for being here. We try to cover all the ground we can here on The Beat, the TV show we do for you, but there is more. We have extra stuff in our podcast exclusives. Sometimes we go into the big questions like, does law even work? Or why did it take so long to get to the Epstein story?

45:29And then now it's like always the top story. And so we have these podcast extras. You can go on Apple Podcasts or on your phone, wherever you get your podcast and just search the beat. You can search my name, Ari Melber, and you will be able to hear things that we literally don't include in the show because we don't have enough time. My conversations with the guests you see on your screen. We have a new one recently with Emily Bazelon. Sometimes we even go in a different direction. Chef Mario Carbone and I talk about how long you should cook your pasta and why it's not worth it, he says, to get caviar.

46:00So whatever you want, more law or a little bit of kitchen tips, we've got it for you. Subscribe to the Beat Podcast and you will get our nightly podcast and those extras. All right, thanks for spending time with us. Keep it locked right here. There's a lot of news tonight, as you might have noticed. Hey there, I'm Kat. I'm a college athlete. I was diagnosed with ankylosing spondylitis, which caused back pain and stiffness every day. With Cosentix, I'm able to stay active. Cosentix Secukinumab is prescribed for adults with active psoriatic arthritis, ankylosing spondylitis, or non-radiographic axial spondyloarthritis, available in both IV infusion and self-injection.

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From the publisher

March 19, 2026; 6pm; MS NOW’s Ari Melber reports on new testimony from Jeffrey Epstein’s longtime lawyer before the House Oversight Committee. Nancy Erika Smith, renowned civil rights attorney, joins to discuss. Plus, Melber reports on the drawbacks and benefits of the music streaming era. Melber also covers Bad Bunny topping both global and U.S. charts, his Super Bowl performance as a ratings hit and why MAGA backlash and online meltdowns failed to resonate with viewers. Neil Shah, longtime music and culture reporter, joins.

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