The Bulwark Podcast

Episode: "Andrew Weissmann: Just Release the Damn Epstein Files"

Date: November 26, 2025
Host: Tim Miller
Guest: Andrew Weissmann (Professor at NYU, former DOJ senior official, MSNBC analyst, host of "Main Justice" podcast, author)

Episode Overview

This episode centers on two major themes:

1. The renewed controversy around the unreleased Jeffrey Epstein files and President Trump's defamatory claim about Andrew Weissmann’s supposed involvement with Epstein.
2. Broader analysis of the Trump administration's efforts at political retribution, particularly the weaponization of the Justice Department, the fallout from recent case dismissals, and attempts to intimidate critics—including Members of Congress.

Weissmann brings legal expertise and trenchant, often irreverent insight, while Miller probes political and legal angles with both seriousness and levity.

Key Discussion Points & Insights

1. Trump’s Defamatory Claim and the Epstein Files (02:15–12:25)

• Trump’s Assertion: Trump claims Weissmann and others "went to [Epstein’s] island."

  • Weissmann’s Response: An emphatic denial, calling it “completely false and defamatory.” (03:07)

    "I didn't know him, speak to him, communicate with him. The whole thing's completely false." — Andrew Weissmann [03:07]

  • He challenges Trump to release the 300GB of files the DOJ has on Epstein, noting the President could do so unilaterally.

    "He should just release the goddamn files and stop playing games... he can, today, as we are talking, release all of this." — Andrew Weissmann [04:30]

  • Miller asks if Weissmann will sue Trump. Weissmann says he hasn’t decided, citing the practical and legal complications and the desire not to become “the story” (04:13–05:35).

    "I don't want to be the story. I want to cover the story. I don't want him to steal that from me." — Andrew Weissmann [05:08]

• Reflection on Defamation Suits:

  • Miller supports the idea bluntly:

    "What about the counterargument? F*** him, sue him. I'll see you in court." — Tim Miller [05:35]

  • Weissmann notes time is on his side as the documents would clear him and suggests a lawsuit could distract from the real issues.

• Seriousness of Epstein Scandal:

  • Both acknowledge, beyond joking, the gravity for Epstein's victims and the lack of accountability.

    "There are real victims out there...no true full investigation...All of this is a real disgrace in terms of justice." — Andrew Weissmann [08:56]

2. Will Releasing the Epstein Files Satisfy the Public? (09:35–13:06)

• Cynicism About True Disclosure:

  • Millers wonders if release will ever satisfy, given the likely scale of the horror.
  • Weissmann calls the argument “no one will ever be satisfied” an “insult to victims,” insisting the administration could and should do far more.

    "The fact that that has not happened to me suggests that we are going to get a completely whitewashed partial disclosure... I just don't think people should be hopeful." — Andrew Weissmann [12:25]

• On Redactions:

  • Discuss the technical and policy considerations over redacting victims' names or potentially embarrassing, but non-criminal, communications of others (13:32–17:04).
  • Suggests practical means, like anonymizing faces or getting consent, exist if the administration truly wanted transparency.

3. Ghislaine Maxwell, Immunity, and Congressional Action (18:24–23:23)

• Maxwell’s Prison Treatment and Testimony:

  • Noted luxuries in Maxwell’s detention viewed as an affront to victims.
  • Maxwell could be compelled to testify before Congress through immunity, removing her Fifth Amendment shield; this could force her to answer questions under threat of perjury (19:28–20:37).

• Weissmann references a key email exchange (around Trump and Epstein) as a still-unexplained smoking gun:

  "Epstein said the dog that didn't bark is Donald Trump...she says, 'I was thinking about that, too.' Why would you give that answer?" — Andrew Weissmann [21:16]

4. Embarrassing DOJ Failures: Comey & Letitia James Prosecution Dismissals (23:27–34:09)

• Dismissal Context:

  • Judge Cameron Curry dismissed the criminal cases against James Comey and Letitia James due to unlawful appointments of interim U.S. Attorneys—a sign of repeated procedural incompetency in the Trump Justice Department.
  • Finding qualified appointees has been so problematic that "all the career people in the Eastern District of Virginia are not on the cases because they don't want to do them." (24:20–26:15)

• Statute of Limitations and Vindictive Prosecution:

  • There is ongoing debate over whether the statute of limitations bars re-prosecution.
  • Miller analogizes with a personal anecdote to the legal technicality.
  • Weissmann would like to see vindictive and selective prosecution claims litigated, highlighting broader DOJ weaponization concerns (28:00–29:47).

• Weaponization and Incompetence:

  • Despite "malevolence," the administration's incompetence prevents successful political retribution.

    "Trump 1.0, which was malevolence, fortunately married with incompetence... The transparent weaponization of the department." — Andrew Weissmann [31:08–31:32]

  • The appointment of unqualified cronies to critical roles is repeatedly highlighted as a root cause (32:14–33:24).

5. FBI Moves Against Democratic Congressmembers (34:18–41:33)

• FBI Requested Interviews with Democrats for Stating the Law:

  • The FBI, at Trump's apparent urging, targets six Democrats for videos explaining servicemembers have no duty to follow unlawful orders—a textbook legal standard (34:43–36:45).

    "The video stated what the law is... why would the FBI and the Department of Defense be doing this?" — Andrew Weissmann [35:21]

  • Miller frames it as political posturing ("seditious six" rhetoric on Fox), while Weissmann considers the more alarming possibility: efforts to intimidate and subordinate the military to Trump's will, referencing Liz Cheney's warnings about military politicization.

• Long-term Consequences:

  • Weissmann warns that purging independent military legal voices and intimidating servicemembers could have severe ramifications for democracy (39:18–41:33).

    "If you are engaging in a coup... control of the military is everything... If your view is might makes right... there are very scary things to worry about." — Andrew Weissmann [38:03–39:18]

6. Foreign Policy Fumbles & Intra-Admin Spying (43:17–49:21)

• Ukraine/Russia Negotiation Chaos:

  • Informal backchannel negotiations by Witkoff, Kushner, and Vance contradict the official process, causing confusion (43:17–44:39).
  • A leak of a transcript between Putin’s aide and Witkoff is discussed, with Weissmann noting such leaks compromise intelligence sources and methods.

• Competence Comparison:

  "Not only is the initial proposal just outlandish, but you can't even get your ducks in a row about whose position is this? Is it the United States or is it Russia's?" — Andrew Weissmann [46:22]

7. "Investigating the Investigators" & Forum Shopping (49:21–52:44)

• Ongoing investigation by a U.S. Attorney in Miami into Trump-era investigators (including Obama and Jack Smith) is critiqued as "weaponization" and apparent judge/jury shopping (50:03–51:39).
• Weissmann highlights the irony that this could result in exactly the trials Trump spent years avoiding, exposing the facts of the DOJ's conduct and Russian interference.

  "You're actually going to be giving a forum for exactly what Donald Trump spent years trying to avoid." — Andrew Weissmann [52:11]

8. Human Rights Abuse: Deportations & Due Process (52:44–55:47)

• Judge James Boasberg is investigating flights that deported individuals to El Salvador's seacot prison, potentially in defiance of a court order.
• Weissmann stresses the inhumanity of these acts: "It is horrendous treatment of human beings without any sort of due process of law. And by the way, the Supreme Court has said that due process was violated here. And they said that nine to zero." (54:59)

Notable Quotes & Memorable Moments

• On defamation & cursing in legal circles:

  "Somebody says, f*** you, and the response is, f*** me? No, f*** you." — Andrew Weissmann [05:53]

• On topics being dark but finding camaraderie:

  "We've covered some dark topics, but, yeah, I'm kind of enjoying discussing how incompetent they are and sort of thinking about your lawsuit, what we're going to do with all the money, anything you're thankful for..." — Tim Miller [56:01]

• On gratitude (Thanksgiving spirit):

  "I am really, really thankful for the people on podcasts like this... and for the public who listens to them and supports them… living up to the best of America." — Andrew Weissmann [56:07]

Important Timestamps

| Timestamp | Segment/Discussion | |:-------------:|------------------------------------------------------------| | 02:15–12:25 | Trump/Epstein claim, defamation, and challenge to release files | | 13:32–17:04 | Redactions and the limits/ramifications of file releases | | 18:24–23:23 | Ghislaine Maxwell’s testimony, tools for Congress, key emails | | 23:27–34:09 | DOJ incompetence in political prosecutions (Comey/James) | | 34:18–41:33 | FBI’s intimidation of Democratic Congressmembers; military control | | 43:17–49:21 | Ukraine/Russia policy chaos, intelligence leaks | | 49:21–52:44 | "Investigating the Investigators," forum shopping, grand jury debates | | 52:44–55:47 | Seacot deportations and human rights/due process violations | | 56:07–56:49 | Thankfulness and media/journalistic resilience |

Closing Thoughts

Andrew Weissmann and Tim Miller blend serious legal and political analysis with personal candor, gallows humor, and a sense of urgency about present threats to democratic norms. The episode underscores ongoing government opacity around the Epstein scandal, the peril of weaponizing the Department of Justice, and the dangers—sometimes muted by incompetence—of authoritarian drift.

End note for listeners:
In an uncertain political moment, Weissmann and Miller argue that transparency, accountability, and civic engagement—in both government and media—are more critical than ever.