THE REST IS POLITICS: US
Episode 162 – "The Missing Epstein Files: Who Do They Protect?"
Date: February 26, 2026
Hosts: Anthony Scaramucci ("The Mooch") & Katty Kay
Episode Overview
This episode delves deep into the political, legal, and ethical dimensions surrounding recently reported missing documents from the Department of Justice (DOJ) related to the Jeffrey Epstein investigation. In particular, the discussion focuses on over 50 missing pages alleged to contain material about a woman’s claims she was abused by Donald Trump in the 1980s as a minor. Scaramucci and Kay analyze the significance of these missing files, media coverage, political accountability, historical context, and the broader implications for American democracy. The conversation also includes a robust discussion of the recent State of the Union address and its performative nature within the Trump administration.
Key Discussion Points & Insights
1. Setting the Scene & Main Theme
[Timestamps: 01:52 – 03:46]
- The episode kicks off with Katty Kay mentioning two main topics: the missing Epstein files and the State of the Union address.
- Katty highlights both the renewed press attention ("more than 50 pages are missing from the DOJ's release") and the sensitivity of the new allegations linked to Donald Trump.
“Reports are coming out that show that more than 50 pages are missing from the DOJ's release… and they relate to a woman who claims that she was abused by Donald Trump in the 1980s when she was around 13 years old.”
– Katty Kay (02:36)
2. The Missing Epstein Files – What We Know and Don’t Know
[Timestamps: 03:46 – 12:11]
- Media Momentum: Katty and Anthony discuss how major news outlets—NYT, WSJ, FT, NPR—are taking the missing documents seriously, adding weight to the story.
- Nature of the Missing Files: Focus on missing FBI “302s” (summary memos of interviews), with three of four interviews’ memos currently unaccounted for.
“Only one of the four summaries was released… three sets missing, which is, we think, about seven pages of FBI notes, which are basically the narrative...”
– Katty Kay (05:35)
- Political Allegiances: The left claims a cover-up; the right cites legal privilege and non-prosecution agreements. Scaramucci draws an explicit analogy with the Bill Cosby case and non-prosecution agreements.
- Legal and Political Consequences: Even if the claimant comes forward, Anthony doubts Trump faces legal risk due to statute of limitations and institutional protections, but he could face political damage.
“If she comes forward, she will hurt him politically, but she will not hurt him from a legal perspective… they’re going to beat him up on this politically, but he will survive this.”
– Anthony Scaramucci (09:40)
3. Power, Protection, and Political Accountability
[Timestamps: 12:11 – 19:07]
- Loyalty in Trump’s DOJ: Kay scrutinizes the selection of Pam Bondi and Kash Patel in top DOJ/FBI roles, positing their appointments were based on “500% loyalty to Donald Trump.”
- Comparative Analysis: Anthony proposes that Europe demonstrates more accountability (where public figures have resigned or been prosecuted), whereas US elites protect their own.
- Party Dynamics: Discussion on GOP lockstep with Trump and why the party apparatus resists any pushback.
“It’s a story about power versus accountability, and I think power is winning on the American side of the ledger…”
– Anthony Scaramucci (15:14)
4. Long-Term Legal and Systemic Issues
[Timestamps: 19:07 – 23:10]
- Historical Patterns: Scaramucci references Alex Acosta’s controversial non-prosecution deal for Epstein, illustrating a pattern of institutional protection.
“These non prosecutorial agreements… have prevented a lot of prosecutions and indictments.”
– Anthony Scaramucci (20:27)
- Will Congress Force Release? Katty weighs the likelihood of bipartisan pressure pushing for release of the full 302s, but doubts the DOJs—under Bondi—will ever reveal documents detrimental to Trump.
5. Broader Implications & Prognosis
[Timestamps: 23:10 – 27:26]
- Political Consequences: Scaramucci is skeptical meaningful accountability will result from these revelations, referencing Trump’s continued survival of past accusations (e.g., E. Jean Carroll case).
- System of Oversight: The hosts note the weakness of America’s executive-branch-overseen DOJ, especially compared to post-Watergate norms or current European standards.
“He’s going to stay in there. He’s going to bring that party down with him… Unless… congressional Democrats… find a mechanism… he survives this.”
– Anthony Scaramucci (24:20)
6. Legal Analysis – Transparency Act & DOJ’s Actions
[Timestamps: 26:10 – 29:35]
- Legal Loopholes: Kay cites the Transparency Act (signed by Trump) that supposedly prevents redactions “on the basis of embarrassment, reputational harm, or political sensitivity.”
- Structural Flaw: Scaramucci highlights the paradox: “Congress outsourced the most sensitive declassification decision… to the one person with the greatest institutional incentive to get it wrong”—i.e., Trump’s DOJ.
- Partisan Shifts: Both observe how Epstein’s story has shifted from a MAGA rallying cry about Democratic elites to Democrats themselves demanding more transparency.
7. State of the Union: Pageantry and Political Reality
[Timestamps: 31:47 – 40:49]
- State of the Union Fatigue: Both hosts dismiss the State of the Union as political theater, noting its lack of real impact on policy or public opinion.
- Fact-Checking the Address: They discuss Trump’s use of exaggerated claims and the Cabinet’s sycophantic applause.
“All the Cabinet members are jumping up and they're clapping and barking like seals.”
– Anthony Scaramucci (37:19)
- Trump’s “Triumphalism”: Scaramucci links Trump’s bombastic address to his lifelong strategy: “He is actually governing from a position of greater fragility than the speech itself acknowledged.”
8. Trump’s Playbook: Image Crafting & Roy Cohn’s Influence
[Timestamps: 40:49 – 46:13]
- Segment Preview: Excerpt from their bonus content on Trump’s history, myth-making, and Roy Cohn’s lessons—control the media narrative, repeat untruths until they “become” true, relentlessly pursue aggression over accountability.
“My story may not be true, but you are going to hear it repetitively from me until you say, well, maybe it is true.”
– Anthony Scaramucci (45:13)
Notable Quotes & Memorable Moments
"It almost lasted as long as my White House tenure. I thought it was going to go on for 11 days."
– Anthony Scaramucci, joking about the State of the Union’s length (03:46)
“Why the Republican Party and the Republican apparatus has been so enslaved to Donald Trump that it will never push back against him?”
– Katty Kay (12:11)
“We have an affordability issue. I'm going to lie about it. I'm telling you that I'm bringing investments into the country which are not happening…”
– Anthony Scaramucci (37:17)
“Stand up, speak briefly, sit down."
– Franklin Roosevelt’s public speaking advice, cited by Anthony Scaramucci (34:02)
Key Section Timestamps
- Missing Epstein Files & Allegations: 02:36 – 12:11
- Power Dynamics & Political Protections: 12:11 – 19:07
- Historical DOJ Patterns & Legal Barriers: 19:07 – 23:10
- Legal Loopholes & Transparency Act: 26:10 – 29:35
- State of the Union Discussion: 31:47 – 40:49
- Trump’s Image & Roy Cohn Methods: 40:49 – 46:13
Tone and Style
- The hosts maintain a conversational, irreverent, and at times frankly critical tone, blending humor (often self-deprecating) with deep political and legal analysis.
- Both display skepticism toward both party establishments and the mechanics of political accountability in America.
Conclusion
The episode underscores the deep challenges facing American political and legal institutions: entrenched party loyalty, institutional protection of elites, and weakening public accountability. Scaramucci and Kay argue that despite public outcry and media scrutiny, the missing Epstein files are unlikely to bring down Trump, largely due to systemic flaws, partisan inertia, and legal obstacles. Their discussion serves both as timely political commentary and as a window into the deeper, unresolved issues shaping US democracy.