The Jim Acosta Show

Episode: Jimmy Kimmel is Back! Plus Trump Weaponizes Justice Department—with Norm Eisen and Liz Oyer
Date: September 22, 2025
Host: Jim Acosta
Guests: Norm Eisen, Liz Oyer

Overview

This episode centers on the breaking news of Jimmy Kimmel’s reinstatement to ABC after being suspended due to pressure from the Trump administration. Jim Acosta discusses the First Amendment victory with legal experts Norm Eisen and Liz Oyer. The conversation expands to the weaponization of the Justice Department under President Trump, the dangers of eroding democratic norms, and the power of collective citizen action. Notably, the episode draws parallels between the Kimmel incident and broader issues of political retribution and authoritarian tactics, while urging listeners to maintain hope and continue resisting abuses of power.

Key Discussion Points & Insights

1. Jimmy Kimmel’s Reinstatement and the First Amendment

(00:00–06:08)

• Breaking News: Jimmy Kimmel is returning to ABC after a suspension following Trump administration and FCC pressure.
• Norm Eisen: Highlights the significance for free speech and the First Amendment.
  • Quote: “It's a good day for the First Amendment and for Jimmy’s and Jim’s.” (00:35 – Norm Eisen)
• Acosta: Stresses this as a victory for collective action and free discourse.
• Role of the Public:
  • Eisen notes the massive public backlash—Disney+ and Hulu cancellations led to a $3+ billion loss for Disney.
  • Quote: “Disney lost over $3 billion in market capitalization and people canceled in droves.” (02:11 – Norm Eisen)
• Corporate Response:
  • ABC's backpedaling is attributed to both outrage and economic consequences.
• Collective Action:
  • Acosta: “You cannot count out the American people and you cannot count out the idea of collective action.” (03:17)
  • Eisen: “The American people stood up... you did it. You did it.” (02:57)

2. Democratic Backsliding and Resistance Tools

(04:14–06:08)

• Norm Eisen’s “Five P’s” for Resisting Authoritarian Backsliding:
  1. Legal proceedings
  2. Popular protests
  3. Results at the polls
  4. Press (independent and traditional)
  5. Political leadership
• Evidence of Resilience:
  • The Kimmel situation is framed as an example of these “pistons” working together.
  • Quote: “We can fight for and win this battle for our democracy.” (05:43 – Norm Eisen)

3. Trump’s Overt Weaponization of the Justice Department

(06:08–13:42)

• Trump’s Pressure Tactics:
  • Acosta discusses Trump’s Truth Social posts compelling the Attorney General (Pam Bondi) to pursue political enemies.
  • Recent ouster of Eric Siebert, U.S. Attorney for the Eastern District of VA, and installation of Trump loyalist Lindsey Halligan.
  • Quote: “He is absolutely weaponizing the government in ways that he complained about.” (07:26 – Acosta)
• Norm Eisen:
  • Enumerates the “guardrails” Trump broke—investigating opponents, using cronies, pushing false prosecutions.
  • Quote: “That’s not the American system of justice... That’s Darkness at Noon. And it won’t stand, Jim.” (08:57)
  • Sees hope in judicial resistance, as grand juries and judges push back.
• Trump’s Rhetoric:
  • Trump at the Charlie Kirk Memorial (10:05–10:43): “I hate my opponent and I don't want the best for them.”
  • Eisen: “He’s saying the quiet part out loud... a dangerous exhibit in the selective and vindictive prosecution case.” (11:27)

4. The Health of American Democracy

(13:42–17:19)

• Legal System as a Line of Defense:
  • Eisen details court victories against Trump’s overreach—over 200 wins.
  • Growing importance of independent media and resistance efforts.
  • Acosta credits citizen action and alternative media as vital tools.

5. Liz Oyer on DOJ Weaponization & Institutional Damage

(17:24–32:07)

• Five-Alarm Fire:
  • Oyer describes a transformative erosion of rule of law, with Trump treating DOJ personnel as loyalists, not public servants.
  • Quote: “It's a five-alarm fire in the Justice Department right now.” (18:30 – Liz Oyer)
• Purge of Experts:
  • Ouster of experienced DOJ officials, vacancies filled with loyalists lacking qualifications.
  • Real danger lies in the department’s lost capacity to truly protect public safety and national interests.
  • Quote: “It is very, very dangerous for all of us.” (22:09 – Liz Oyer)
• Tom Homan Corruption Story:
  • Border czar caught accepting a $50,000 FBI bribe in a closed investigation, yet faces no prosecution.
    • Acosta: “That sounds pretty damn illegal, what he was doing over at Kava.” (25:54)
• Selective Prosecutions:
  • Trump appointees prioritize protecting friends and pursuing political foes, warping the justice system.
  • Oyer underscores the risk: “It is a slippery slope to a situation where the Justice Department no longer has any meaningful safeguards for the rule of law.” (19:14)

6. Resilience through Public and Civic Action

(27:07–31:40)

• Citizen Grand Juries Push Back:
  • Oyer lauds D.C. grand jurors for refusing to enable Trump’s legal vendettas.
  • Quote: “We, the citizens, are the last line of defense for our democracy, and we need to stand strong at this time.” (28:07)
• Collapse of Norms and Future Threats:
  • Warning that it may require a national tragedy for full reckoning of DOJ damage.
  • Quote: “It is going to take something truly awful... before we realize the extent of the damage that has been done inside the Justice Department.” (30:32)

7. Extrajudicial Actions and Executive Overreach

(31:40–33:34)

• **Acosta discusses reports of Trump administration ordering drone strikes on suspected drug boats, bypassing due process.
• Oyer: Points out human cost and lack of legal justification:
  • “Summary executions of people at sea... these are not sophisticated terrorist operations... these are people desperate to survive.” (32:07–33:34)

8. Stephen Miller’s Rhetoric and Influence

(34:12–36:32)

• Clip of Stephen Miller at Charlie Kirk Memorial:
  • Extreme, dehumanizing rhetoric labeling opponents as “nothing” and “wickedness.” (34:12–35:03)
• Acosta: Calls it “cultish” and disturbing, noting Miller’s outsized influence in the Trump White House.
• Oyer: Notes Miller’s increased visibility, says it ironically reveals the administration’s true ideology.
  • Quote: “Every time he does that, it causes a lot of eyebrows to raise... he comes across as very unrelatable and just bizarre.” (35:30–36:15)

Notable Quotes & Memorable Moments

• Norm Eisen:
  • “What happened here was ABC didn’t stand up to the bully... the American people stood up.” (01:39)
  • “It’s a small world after all, you might say.” (03:17)
• Jim Acosta:
  • “Let the free market work. Well, the free market was working over the weekend.” (02:29)
  • “You cannot count out the American people and you cannot count out the idea of collective action.” (03:17)
  • “Trump is turning D.C. into the District of Corruption.” (25:54)
  • Regarding Miller: “That sounded like a call to arms from a goddamn lunatic.” (38:37)
• Liz Oyer:
  • “I think what we’re seeing in the Justice Department... this is five alarm fire.” (18:30)
  • “We, the citizens, are the last line of defense for our democracy, and we need to stand strong at this time.” (28:07)
  • “It is very, very dangerous for all of us.” (22:09)
  • “It is going to take something truly awful... before we realize the extent of the damage that has been done inside the Justice Department.” (30:32)

Timeline of Key Segments & Timestamps

| Segment | Speaker(s) | Timestamp | |-------------------------------------------------------|---------------|---------------| | Jimmy Kimmel’s return & First Amendment | Acosta/Eisen | 00:00–06:08 | | Eisen’s “Five P’s” for resisting authoritarianism | Eisen | 04:14–06:08 | | Trump’s DOJ pressure & ousting of US Attorney | Acosta/Eisen | 06:08–13:42 | | The health of democratic resistance | Eisen/Acosta | 13:42–17:19 | | DOJ weaponization—Oyer’s perspective | Oyer/Acosta | 17:24–22:09 | | Tom Homan’s bribery story & DOJ dysfunction | Acosta/Oyer | 23:09–28:07 | | Citizen pushback (grand juries, protests) | Oyer | 27:07–31:40 | | Executive overreach, drone strikes on drug boats | Acosta/Oyer | 31:40–33:34 | | Stephen Miller’s rhetoric and influence | Acosta/Oyer | 34:12–36:15 | | Closing commentary on hope and people power | Acosta | 37:36–End |

Conclusion: Hope & Call to Action

• Despite alarming overreach and institutional vandalism, the Kimmel victory illustrates the enduring potential of collective resistance and people power, both in the marketplace and civic society.
• Acosta’s closing message: “May the force be with you and with Jimmy Kimmel.” (End)

For deeper dives on these themes, visit jimacosta.substack.com