UnJustified Podcast Summary: Episode "Anti-Qualified"

Podcast Information:

• Title: UnJustified
• Host/Author: MSW Media
• Description: The creator of Mueller, She Wrote, Allison Gill, and former Deputy Director of the FBI, Andrew McCabe, document the erosion of civil liberties and the rule of law under Trump's Department of Justice (DoJ).
• Episode: Anti-Qualified
• Release Date: February 2, 2025

1. DOJ's Classified Documents Case and Appeal Dropping

The episode opens with significant developments in the Department of Justice's handling of classified documents cases related to former President Donald Trump. Andrew McCabe discusses the DOJ's decision to drop the appeal of Judge Cannon's dismissal of charges against Trump's associates, Walt Nauta and Carlos de Oliveira, in the classified documents case.

Andy McCabe [00:08]: "The Department of justice has moved to drop the appeal of Judge Cannon's dismissal of the charges against Walt Nauta and Carlos de Oliveira in the classified documents case."

Alison Gill echoes the frustration over the DOJ's actions, emphasizing the predictability of the case's dismissal post-Trump's inauguration.

Alison Gill [02:27]: "It's effectively gone forever now."

2. Mass Firings and Leadership Changes in the FBI

A major focus of the episode is the administration's unprecedented purge of senior FBI officials. Alison Gill reports that at least six top FBI leaders overseeing cybersecurity, criminal investigations, and national security were instructed to resign or face termination by Monday, coinciding with Kash Patel's confirmation hearing to head the FBI.

Alison Gill [00:18]: "The administration has told at least six top FBI officials in charge of cybersecurity, criminal investigations and national security to resign or be fired by Monday as Kash Patel sits for his confirmation hearing to head the agency."

Andrew McCabe adds context by explaining the high-ranking nature of these officials and the strategic timing of their removal.

Andy McCabe [12:33]: "These senior officials at the executive assistant director level or special agent in charge level also include those who oversee cyber national security and criminal investigations."

3. Partial Dropping of High-Profile Cases: Jeff Fortenberry and Taylor Taranto

The DOJ's selective approach to dropping cases is highlighted through the dismissal of the Jeff Fortenberry case and the partial dropping of charges against Taylor Taranto related to January 6.

• Jeff Fortenberry Case: Former Representative Jeff Fortenberry had his prosecution dropped after a conviction was overturned, with Trump celebrating this move as a reversal of what he termed a "witch hunt."

  Andy McCabe [05:29]: "Trump quickly hailed the move as a sign of how his appointees are reversing what he has described as the politicization of the Justice Department under the Biden administration."

• Taylor Taranto Case: While DOJ drops the January 6 charges against Taranto, it continues with unrelated charges, showcasing selective enforcement.

  Andy McCabe [08:20]: "It's how intently they are going in and carving up these January 6th cases."

4. Kash Patel’s Controversial Confirmation Hearing

A substantial portion of the episode delves into Kash Patel's contentious confirmation hearing for FBI Director. Patel faces intense scrutiny over his past statements supporting January 6th rioters and alleged ties to the QAnon movement. His performance during the hearing, including his inability to directly criticize Trump's pardons and his evasive responses, draws significant criticism from the hosts.

Alison Gill [32:27]: "During Patel's five hour hearing following Gabbard's on Thursday, the former prosecutor came under fire for his previous support of Capitol rioters."

Andy McCabe [37:13]: "Nothing he says can be trusted. And like you said, he's going to lead the most preeminent law enforcement agency, probably globally."

5. Shift in DOJ Policies Under Trump Administration

The podcast examines the broader policy shifts within the DOJ under the Trump administration, including a move towards more conservative stances. This involves replacing leniency-focused memos with directives for stringent prosecution, halting civil rights and environmental work, and reassigning over 15 career employees to less critical positions.

Andy McCabe [39:46]: "They replaced a Biden era memo telling prosecutors to show leniency to some drug offenders with a new policy calling for the pursuit of the most serious charges and the stiffest penalties for all crimes."

6. Removal of Inspectors General and Government Oversight Concerns

A disturbing trend discussed is the mass removal of Inspectors General (IGs), key watchdogs responsible for overseeing government agencies. The firing of nearly 20 IGs, including the removal of Phyllis Fong who was investigating Elon Musk, raises alarms about the erosion of checks and balances.

Alison Gill [47:08]: "Inspectors general were notified late Friday by emails from White House Personnel Director Sergio Gore that, 'due to changing priorities, they have been terminated immediately.'"

Andrew McCabe laments the unprecedented nature of this action, noting it violates standard protocols and undermines governmental oversight.

Andy McCabe [48:09]: "It is not a standard thing to do. No president that I can think of from either party has ever done this upon entering office."

7. Impact on FBI and DOJ Workforce and Federal Employees' Dilemma

The episode highlights the broader impact on the DOJ and FBI workforce, with career professionals facing forced resignations or terminations. Listeners, particularly federal employees, are grappling with decisions on whether to remain in their positions to uphold the law or leave to avoid potential repercussions.

A listener question addresses this dilemma:

Listener [55:34]: "Should non-SES employees of the Justice Department try to stay on to make sure as many laws are followed as possible or whether they should leave..."

Andrew McCabe advises staying for those dedicated to justice, while also acknowledging the personal and legal complexities involved.

Andy McCabe [55:34]: "If you're at the end of that amazing experience, you should try to get to that finish line."

8. Conclusion and Final Remarks

The hosts conclude by expressing deep concern over the DOJ and FBI's current trajectory, emphasizing the critical loss of integrity and commitment to the rule of law. They offer support to affected federal employees and encourage listeners to stay informed and engaged.

Andy McCabe [61:04]: "For those of you going through this as federal employees, whether you're FBI employees or anybody else, we feel terrible for you and you shouldn't be treated this way."

Notable Quotes:

• Alison Gill [00:42]: "This is unjustified."
• Andy McCabe [02:16]: "Holy cow. One of the things that frustrates me so much about this story..."
• Andy McCabe [07:45]: "I don't think we've ever been in a situation where anyone even proposed that..."
• Alison Gill [35:22]: "Release volume two, or at least send it to us so that we can provide advice and consent."
• Alison Gill [53:17]: "Almost 90 agents."
• Andy McCabe [55:04]: "It's just revolting. It's so hard to watch."

Conclusion: In this episode of UnJustified, Allison Gill and Andrew McCabe provide a comprehensive and critical examination of the Trump administration's actions within the Department of Justice and the FBI. Through detailed analysis and firsthand insights, they shed light on the systematic undermining of civil liberties, the rule of law, and institutional integrity. The hosts underscore the dire implications of these changes for federal employees and the broader American justice system.