The Jim Acosta Show – Episode Summary

Episode: BREAKING NEWS: MARK KELLY INVESTIGATED? PLUS COMEY AND JAMES' CASES TOSSED
Guests: Steve Schmidt, Adam Kinzinger, Glenn Kirschner
Date: November 24, 2025

Overview

This episode confronts escalating threats to American democracy under Donald Trump’s administration, highlighted by an unprecedented move to threaten Senator Mark Kelly with court martial for addressing the military on unlawful orders. Jim Acosta is joined by political strategist Steve Schmidt, former Congressman Adam Kinzinger, and legal analyst Glenn Kirschner to break down implications for civilian-military relations, the Ukraine peace talks controversy, MAGA’s unraveling, and significant legal defeats for Trump’s DOJ, specifically regarding the cases against James Comey and Letitia James.

Key Discussion Points & Insights

1. The Mark Kelly Court Martial Threat

• Context: The Trump-aligned Department of Defense (dubbed the “Department of War” by supporters) is threatening Senator Mark Kelly with court martial for a video telling service members they need not obey unlawful orders.
• Steve Schmidt draws historical parallels to the Red Scare and warns of the seriousness behind the “cockamamie” threat.
  • Quote:
    “The stupidity of it all shouldn't confuse us at all from the danger of it all.” — Steve Schmidt [01:18]
• Separation of Powers at Stake: Schmidt underscores the constitutional crisis, as the executive branch threatens a sitting senator for speech protected under the Constitution.
  • Quote:
    “A cabinet official...threatening the protected speech of a United States senator...seeking to punish dissent with kangaroo court justice, which in this case is unconstitutional.” — Schmidt [03:31]
• Historical Precedent: Calls out military tradition’s fraught history with “kangaroo court justice," citing Dick Winters, Jackie Robinson, and General Benjamin O. Davis as victims of unjust courts-martial.
  • Quote:
    “The military has a long tradition of kangaroo court justice...In this case, because of the constitutional separation of powers, Mark Kelly is not able to do the right and the noble and the easy thing here...” — Schmidt [04:40]
• Response and Pushback: Mark Kelly’s dignified response is read, reinforcing his commitment to the Constitution. Arizona colleague Ruben Gallego’s blunt response (“go fuck himself”) is noted as the kind of pushback needed now.
  • Quote:
    “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work.” — Mark Kelly, read by Acosta [07:07]
  • Quote:
    “[Ruben Gallego] told Pete Hegseth that he can go fuck himself...That’s the kind of pushback that we need right now.” — Acosta [07:55]

2. Civilian Oversight & Military Oaths

• Core Principle: Schmidt reiterates civilian oversight of the military as “paramount,” reciting Douglas MacArthur’s dictum that the military’s legacy is to the nation, not to individuals.
  • Quote:
    “They swear an oath to the Constitution, that they swear an oath to the republic, not to a man, not to a leader, not to a party, not to a faction.” — Schmidt [11:11]
• Refusing Illegal Orders: Both Acosta and Schmidt detail that following unlawful orders is both immoral and un-American, referencing Nuremberg and civil rights atrocities as cautionary examples.
  • Quote:
    “Saying, I followed orders is not a defense right for committing crimes.” — Schmidt [11:35]
  • Quote:
    “The best way to avoid catastrophe...is to understand from the outset that illegal orders are illegal in the United States.” — Schmidt [13:32]
• Real Dangers: Acosta expresses concern over Trump’s history of deploying troops domestically and musing about military force against protesters, highlighting present risks during elections.

Notable Moment:

[14:45]
Schmidt: “On the question at hand, there are two distinct sides. One is imperfect and one is fascist. One seeks to take your liberty and freedom. The other one does not...One is a patriotic side. The other is a cult of personality...”

3. Ukraine Peace Talks & Kremlin Influence

• Geneva Talks: Acosta, Schmidt, and Adam Kinzinger scrutinize the recent “peace plan” for Ukraine, which critics say represents Russian, not American interests.
  • Notable Quote:
    “Drafting a peace plan with Putin and then telling the Ukrainians to accept it is not mediation. It’s acting as an agent for the Kremlin.” — Michael McFaul (quoted by Acosta) [16:51]
• Rubio’s Role: Rubio is harshly critiqued as being “a fascist” and “un-American” by Schmidt, accused of enabling Russian objectives for political gain.
  • Quote:
    “Marco Rubio is a fascist. Marco Rubio is an immoral man...” — Schmidt [17:37]
• Bipartisan Reactions: Both parties, represented by senators like Angus King and Mike Rounds, are disturbed by how pro-Russian the peace plan appears, with proposals to limit Ukrainian sovereignty and military capacity.
  • Quote:
    “This is essentially the wish list of the Russians.” — Acosta [22:30]

Notable Moment:

[22:43]
Schmidt: “It’s a treacherous document. It’s an embarrassment...Either MAGA survives or the American Republic does.”

4. MAGA’s Decline and Authoritarianism

• MAGA’s Shrinking Future: Both Schmidt and Kinzinger predict a future where open MAGA affiliation becomes too shameful to admit.
  • Quote:
    “In 10 years, Jim, there’s not going to be a single person that ever in polite company admits that they supported this guy.” — Kinzinger [45:45]
• Civil War Within MAGA: Kinzinger sees infighting between the J.D. Vance and Marco Rubio factions of Trumpism [35:57].
• Marjorie Taylor Greene: Discussed as opportunistic in her recent “conversion,” but “has a lot of walking back to do” given a long history of conspiracy and harassment.
  • Quote:
    “She harassed survivors of school shootings. She claims January 6th was a government conspiracy. 9/11 was a government conspiracy....” — Kinzinger [43:03]

5. Legal Defeats for the Trump DOJ (Comey and James Cases)

• Dismissal of Cases: Glenn Kirschner explains the lasting impact of a federal judge’s dismissal of criminal cases against James Comey and Letitia James due to unlawful appointment of interim U.S. attorneys.
  • Quote:
    “This Department of Justice is a hot mess. It seems to be operating lawlessly in many respects.” — Kirschner [49:17]
• Vindication and Rule of Law: The judge’s ruling is seen as a reaffirmation of judicial independence even amidst executive overreach.
  • Quote:
    “The rule of law today rose up, asserted itself, and these cases are now dismissed...Donald Trump just got significantly weaker today, Jim.” — Kirschner [51:13]
• Structural Damage: Kirschner and Acosta worry about institutional damage when DOJ offices are staffed with political loyalists.
  • Quote:
    “It does damage to that very important office of the justice department that that U.S. attorney’s office is.” — Acosta [58:30]
• On the Weaponization Campaign: Kirschner observes this string of legal embarrassing failures (“hot mess,” “shit show”) is undermining efforts to weaponize the justice system for Trump’s political retribution.

Notable Quotes & Memorable Moments

• On dangerous precedent:
  “The stupidity of it all shouldn't confuse us at all from the danger of it all.” — Steve Schmidt [01:18]

• On military oath:
  “They swear an oath to the Constitution, not to a man, not to a leader, not to a party, not to a faction.” — Schmidt [11:11]

• On Rubio and MAGA:
  “Marco Rubio is a fascist...if Marco Rubio was in Havana, Cuba, in 1959, he would be dressed in olive drab and he’d be carrying Castro’s coat...” — Schmidt [17:37]

• On the current fork in the road:
  “Either MAGA survives or the American Republic does. ...there’s no way back across the bridge for someone like Marco Rubio, the die’s cast.” — Schmidt [22:50]

Key Timestamps

• Mark Kelly Threat & Historical Context: [00:38 – 08:20]
• Civilian Oversight/Military Orders: [09:51 – 14:45]
• Ukraine “Peace” Talks & MAGA Betrayals: [16:43 – 24:39]
• MAGA Decline & Marjorie Taylor Greene: [35:37 – 45:45]
• Comey/James Legal Developments: [48:53 – 59:05]
• Glenn Kirschner Legal Analysis: [48:53 – 61:43]

Tone and Style Highlights

• Jim Acosta: Direct, incredulous, mixes humor and exasperation (“I wanted to get your take on that because...Welcome to the party, pal.” [44:51]; “This is a goddamn national embarrassment.” [26:43])
• Steve Schmidt: Gravitas, historical perspective, forceful denunciations (“One is imperfect and one is fascist...”; “They are villains, and our side wins.” [31:47])
• Adam Kinzinger: Clear-eyed, pragmatic, with inside insight and some dry levity (“...in 10 years, Jim, there’s not going to be a single person that ever in polite company admits that they supported this guy.” [45:45])
• Glenn Kirschner: Legal clarity, concise, and cutting (“This DOJ is a hot mess. They seem to be operating lawlessly in many respects.” [49:17])

Conclusion

The episode is a clarion call about increasingly authoritarian moves from the Trump administration, especially regarding military-civilian boundaries and the misuse of justice for political retribution. At the same time, legal setbacks for Trump’s DOJ and the predicted social stigmatization of MAGA offer reasons for cautious optimism. The guests provide rich historical, legal, and political context, bolstered by sharp quotes and detailed anecdotes. The central warning: the fight for democracy is immediate and existential, but the resilience of American institutions is still evident—at least for now.