#SistersInLaw – Episode 276: Sisters Named In The Epstein Files
Date: February 7, 2026
Hosts: Kimberly Atkins, Barbara McQuaid
(Note: Joyce Vance and Jill Wine-Banks are absent due to furlough)
Episode Overview
This week, Kimberly Atkins and Barbara McQuaid host a dynamic episode focused on transparency, government misuse of process, and the erosion of public trust in institutions. They begin by humorously discovering that their own names appear in the recently released "Epstein files," before diving into deeper, substantive legal issues—ranging from the troubling FBI search in Fulton County, Georgia, to challenges facing federal prosecutors in Minnesota, and the alarming rise of non-disclosure agreements at the Supreme Court. The episode is rich with their trademark insight, candor, and wit.
Key Discussion Points & Insights
1. Finding Themselves in the "Epstein Files"
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Discovery: Both hosts discover, to their amusement and initial horror, that their names are listed in the Epstein files published by the DOJ.
- [02:35] Barbara: “Wait, what? I've never met the man in my life.”
- [03:36] Kimberly: “None of us have been to Epstein Island… but our names turn up because they include clips from my columns or Barb’s columns, or our appearances on television.”
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On the Over-Inclusiveness of the Files:
The hosts use their inclusion to highlight how the DOJ seems to have drowned out relevant evidence with an avalanche of unrelated press clippings and routine government documents, making public scrutiny unnecessarily complicated.- [05:30] Barb: “So, like you're saying maybe they created a haystack to make it harder to find the needles.”
- [06:10] Kimberly: “...we want to know what... others who are culpable of the horrific crimes... This search tool that is, by its own admission, unreliable, just makes it so much harder.”
2. FBI Search of Fulton County, Georgia Election Office
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Background:
The FBI recently executed a raid on the Fulton County, Georgia elections office, seizing ballots, tabulator tapes, and voter rolls, often without cataloging what was taken.- [12:04] Kimberly: “The FBI just came in and swooped up all kinds of rolls and documents... didn’t even catalog what they took.”
- [13:46] Barb: “They took... ballots from prior elections, tabulator tapes and also voter rolls... It’s hard to imagine what is in the affidavit... We're so past 22 months, it's really hard to imagine that the statute of limitations is still valid.”
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Concerns Raised:
Concern for due process, election integrity, and the possibility of intentional disruption.- [16:22] Barb: “It's sickening. And with regard to this request for return of property... usually with documents and other things, copies would be made... you would mirror image... so you didn’t even have to take them.”
- [17:47] Kimberly: “Again, we can't trust the federal government to actually... return this stuff... Look at what they did with the Epstein files.”
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Trump and Tulsi Gabbard’s Unusual Involvement:
- [18:07] Barb: “President Trump spoke by phone to the agents who conducted the search and to Tulsi Gabbard, the Director of National Intelligence... she was... at the scene... which is bizarre.”
- [19:09] Kimberly: “The fact that she was the one who orchestrated this call between Donald Trump and the agents involved... If there is not an impeachment article written for her, I just don't know why we even have the impeachment power anymore.”
3. Trump’s Call for Nationalizing Elections
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Dan Bongino Podcast Appearance:
Trump publicly called for “nationalizing” elections and putting Republicans in charge in key locations.- [22:49] Barb: “What would it take to nationalize an election?”
- [22:49] Kimberly: “What he’s really calling for, though, is for Republicans to do everything they can to throw wrenches in the system... it's more of a... I can’t even call it a dog whistle—a Foghorn.”
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Legal Barriers:
The hosts clarify that only a constitutional amendment could enable federal control of elections, currently the domain of the states.- [24:19] Kimberly: “That would take a constitutional amendment... the Constitution sets out very clearly that it is states who have the responsibility for administering elections.”
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On Disinformation and Undermining Trust:
- [25:27] Barb: “I think this is about planting these false seeds, casting doubt on the legitimacy of elections, and then creating a path to do these drastic things...”
4. Federal Prosecutor Burnout & the Situation in Minnesota
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Julie Lee’s Standout Testimony:
DHS lawyer Julie Lee, detailed to the Minneapolis U.S. Attorney’s office, snapped in court about being asked to defend the indefensible.- [31:51] Barb: “She said, what do you want me to do? The system sucks. The job sucks... would you please hold me in contempt for 24 hours so at least I can get some sleep?”
- [34:28] Kimberly: “She told the truth and she put herself as a human first and a lawyer second. And I say hats off to her.”
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Reasons for the Crisis:
High turnover and political pressure have gutted morale and the ability of prosecutors to do their jobs ethically or effectively.- [35:53] Barb: “Before I would go into court and lie or make representations that... I’m not proud of, I will resign.”
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DOJ “Jump Teams”:
DOJ’s desperate move to form "jump teams" by borrowing prosecutors from other districts is criticized as inefficient and misguided, with some recruitment now blatantly political.- [38:49] Barb: “Can you imagine... they're coming around and you, like, hide under your desk. Oh, God, please don't call on me.”
- [39:06] Barb: “They're supposed to be nonpartisan jobs... you’re not supposed to be hiring based on whether somebody supports a particular president.”
5. Non-Disclosure Agreements at the Supreme Court
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Roberts’ Use of NDAs:
Chief Justice Roberts requiring clerks and staff to sign NDAs to stem leaks was called constitutionally dubious and unethical.- [46:43] Kimberly: “The fact that he resorted to non disclosure agreements given to these employees, I found that to be really outrageous.”
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Why This Is a Problem:
NDAs are, as a rule, unconstitutional prior restraints when forced upon public servants except in national security cases. Roberts knows this.- [49:46] Barb: “You think he knew a thing or two about the law?”
- [49:48] Kimberly: “He knows this is constitutionally dubious... Also... contracts signed under coercion... are unenforceable.”
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Clerk Culture:
No real risk of leaks because “anybody who blabs would be destroying their own elite career.”- [51:48] Kimberly: “Most clerks at the US Supreme Court would never, would never disclose what they do because they know it would ruin their career.”
6. Listener Questions
Questions tackled included the potential for electing a US Attorney General, doctrines of res judicata and collateral estoppel in the Georgia context, and why threats against public officials aren’t easily prosecuted.
Notable Exchange
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On Electing a US Attorney General:
- [58:40] Barb: “This would sort of essentially create a fourth branch of government. Now, I'm not saying it’s a bad idea... But I think it would require a constitutional Amendment.”
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On Threats to Officials:
- [63:48] Barb: “If somebody communicates a true threat over the phone, over the Internet, social media, I think they should expect to be prosecuted and often are.”
Notable Quotes & Memorable Moments
The Epstein Files Surprise
- [02:46] Kimberly: “Wait, what? I am in the Epstein files. And, Barb, I hope you're sitting down because you are too.”
- [03:35] Barb: “Wait a second.”
Fulton County FBI Raid
- [16:22] Barb: “It's sickening. It's absolutely sickening.”
- [17:47] Kimberly: “It's so sad that we can't trust the federal government to actually... return this stuff.”
Julie Lee, Hero of the Week
- [31:51] Barb (on Julie Lee): “Would you please hold me in contempt for 24 hours so at least I can get some sleep?”
On NDAs at the Supreme Court
- [49:48] Kimberly: “He knows that this is constitutionally dubious. Also... contracts signed under coercion are... unenforceable.”
Important Segment Timestamps
- Epstein Files discovery & Record Dumping: 02:00 – 07:44
- FBI Raid on Fulton Co. & Political Interference: 12:04 – 23:00
- Trump's Call to Nationalize Elections: 22:49 – 25:27
- Minnesota Prosecutors, Julie Lee’s Outburst: 30:56 – 36:14
- DOJ 'Jump Teams' & Political Loyalty: 37:25 – 41:17
- SCOTUS NDAs & Transparency Issues: 46:41 – 54:13
- Listener Questions – AG Election, Preclusion Doctrines, Threats: 58:22 – 66:14
Tone and Style
Throughout, the tone is candid, conversational, and occasionally irreverent ("a Foghorn, not a dog whistle"). The hosts bring humor and humanity to complex, often alarming legal developments, sharing both expert analysis and personal perspective.
For Listeners New to the Episode
This episode delivers insider legal analysis with humor and gravity. It examines how the government both intentionally and unintentionally frustrates public oversight (from document dumps to NDAs and politically motivated raids), the mounting stress on those asked to enforce laws under politicized circumstances, and the continuity of legal standards often disregarded by those in power. The episode is a timely snapshot of the tension between accountability, ethics, and institutional decay in modern American law and politics.
