UnJustified Podcast Episode Summary: "Autocrat Meet Bureaucrat"
Release Date: January 26, 2025
Hosts: Alison Gill & Andy McCabe
Podcast: UnJustified by MSW Media
Description: Alison Gill, Allison Gill, and former FBI Deputy Director Andy McCabe delve into the erosion of civil liberties and the rule of law under the Trump administration’s Department of Justice (DoJ).
1. Introduction and Overview
In the premiere episode of UnJustified, hosts Alison Gill and Andy McCabe set the stage for their investigative journey into the Trump administration's overhaul of the Department of Justice (DoJ). They outline their mission to expose legal deficiencies, policy shifts, and prosecutorial actions that undermine American civil liberties and institutional integrity.
Notable Quote:
Alison Gill [01:26]: "Our new podcast will identify the people, policies, and prosecutions of the new Department of Justice. We'll expose legal deficiencies and provide analysis of the impacts on both the institution and the American people."
2. DOJ Reorganizations and Beauvais's Order
A significant focus of the episode is on Emile Beauvais, Trump's acting Deputy Attorney General. Angus Gill and Andy McCabe discuss Beauvais's controversial memo directing U.S. Attorneys to prosecute local law enforcement officials failing to enforce the Trump administration's deportation policies.
Key Points:
- Beauvais's Role: Formerly Donald Trump’s private lawyer, representing him in high-profile cases.
- Memo Directives: Orders to investigate and prosecute non-compliant state and local law enforcement under statutes like 18 USC 371 and 8 USC 1324.
Notable Quote:
Andy McCabe [02:24]: "Emile Beauvais sent a three-page staff memo to all Justice Department employees that says in part the Supremacy Clause and other authorities require state and local actors to comply with the Executive Branch's immigration enforcement initiatives."
3. Legal Challenges and Constitutional Concerns
The hosts delve into the constitutional implications of Beauvais's order, citing the anti-commandeering doctrine established in Prince v. United States (1997) and New York v. United States (1992). Legal experts argue that requiring state officials to enforce federal immigration policies may be unconstitutional.
Key Points:
- Anti-Commandeering Doctrine: Prevents the federal government from compelling states to enforce federal laws.
- Potential Lawsuits: Expectation of legal challenges against Beauvais's order, especially from left-leaning states like Illinois and New Jersey.
Notable Quote:
Alison Gill [04:04]: "Some legal experts have pointed out that this order could be considered unconstitutional at least as the Supreme Court has interpreted the anti-commandeering doctrine of the Constitution."
4. Reassignment of Career Officials
A critical concern discussed is the reassignment of over 20 career professionals within the DoJ to suppress institutional knowledge and prevent dissent against the administration’s policies.
Key Points:
- Impact on Expertise: Removal of seasoned officials like George Toscas and Bruce Schwartz diminishes the DoJ’s capacity in areas like terrorism prosecutions and international legal relations.
- Administrative Strategy: Aligning the DoJ with Trump loyalists to ensure compliance with the administration’s agenda.
Notable Quote:
Andy McCabe [12:48]: "We are seeing the degrading of the capacity of the Department of Justice in ways that we won't even see on a day-to-day basis. But it's happening."
5. Changes in FBI Task Forces
Beauvais's memo also redirects FBI and Bureau of Prisons resources from anti-terrorism efforts to immigration enforcement, raising alarms about national security priorities.
Key Points:
- Resource Redistribution: Anti-terrorism units like the FBI’s Joint Terrorism Task Forces (JTTFs) are being repurposed to support immigration initiatives.
- Expert Opinions: Andy McCabe criticizes this move as "wildly irresponsible," highlighting recent ISIS-inspired attacks that necessitate robust anti-terrorism efforts.
Notable Quote:
Andy McCabe [06:38]: "To drain resources away from that mission, the FBI's number one priority, preventing an act of terrorism in the United States and pushing that into the... what I can only describe as cashing the check on a campaign promise... I just find it to be wildly irresponsible."
6. Appointment of New U.S. Attorneys in DC and NY
The episode covers significant appointments within the U.S. Attorneys' offices in Washington, D.C., and New York, highlighting individuals with controversial backgrounds and potential conflicts of interest.
Key Points:
- Washington, D.C.: Ed Martin, a pro-January 6 activist, appointed as acting U.S. Attorney, leading to concerns over impartiality.
- New York: Danielle Sassoon, a seasoned prosecutor with ties to former Justice Antonin Scalia, takes over the Southern District of New York, raising eyebrows due to her high-profile cases like the prosecution of Sam Bankman-Fried.
Notable Quote:
Alison Gill [20:43]: "Ed Martin was a prominent member of the Stop the Steal movement... On January 20, the DOJ, with new D.C. U.S. Attorney Ed Martin on the signature line, moved to dismiss multiple pending January 6 cases."
7. DOJ Pardons and Judges' Responses
A pivotal discussion centers on President Trump's sweeping pardons for January 6 convicts and the subsequent judicial pushback. Judges criticized the pardons, emphasizing that they cannot erase the historical record of the Capitol attack.
Key Points:
- Judge Chutkan's Order [31:11]: Asserts that pardons cannot alter the "tragic truth" of January 6 and uphold the integrity of the justice system.
- Judge Howell's Rebuff [33:48]: Dismisses claims of national injustice, highlighting the rigorous evidence against defendants.
- Judge Kolar Catelli's Ruling [35:15]: Emphasizes immutable records and condemns attempts to whitewash events through pardons.
Notable Quotes:
Judge Tanya Chutkan [31:11]: "No pardon can change the tragic truth of what happened on January 6, 2021... cannot repair the jagged breach in America's sacred tradition of peacefully transitioning power."
Judge Beryl Howell [33:48]: "No national injustice occurred here... This merely raises the dangerous specter of future lawless conduct by other poor losers and undermines the rule of law."
8. Court Orders Regarding Special Counsel Jack Smith's Report
Alison Gill and Andy McCabe examine Judge Eileen Cannon’s order concerning the release of Volume Two of Special Counsel Jack Smith's report. The order denies President Trump's motion to intervene, citing the need to protect defendants' due process rights.
Key Points:
- Volume Two Restrictions: Judge Cannon prohibits disclosure to Congress members to prevent prejudice in ongoing appeals.
- Defendants' Rights: Emphasis on the protection of constitutional rights despite executive pressures.
- Bias Allegations: McCabe suggests that Judge Cannon exhibits blatant bias against the prosecution.
Notable Quote:
Alison Gill [42:40]: "She read the Mueller report or the Durham report or the... her report... she’s acting like the criminal proceedings are still pending. Yeah, but she dismissed them."
9. Nomination Issues (Kash Patel and Others)
The hosts briefly touch upon the nomination of Kash Patel to lead the FBI, emphasizing the political maneuvering and potential undermining of the FBI’s independence.
Key Points:
- Tom Ferguson’s Appointment: Former FBI agent and aide to Representative Jim Jordan, expected to advise Patel.
- Ferguson’s Stance: Publicly opposes "socialism woke ideology" and "political overreach," indicating a shift towards politically motivated leadership within the FBI.
Notable Quote:
Andy McCabe [22:39]: "He has been completely biased against the prosecution... It’s like payback... that’s the level that he functions on."
10. Listener Questions: Birthright Citizenship
Addressing a listener's inquiry, Alison Gill and Andy McCabe discuss President Trump's executive order aimed at revoking birthright citizenship for children born to certain non-citizens. They explore the constitutional challenges and potential Supreme Court interpretations.
Key Points:
- Executive Order Details: Restricts citizenship to children born in the U.S. to parents who are not legal permanent residents or citizens.
- Constitutional Debate: The 14th Amendment’s "subject to the jurisdiction thereof" clause is central to the legal battle.
- Forward-Looking Impact: Order applies only to future births, not retroactively affecting existing citizens or their descendants.
Notable Quote:
Andy McCabe [55:48]: "It seems blatantly unconstitutional ending birthright citizenship... but so did presidential immunity."
11. Conclusion and Future Episodes
Wrapping up the episode, Alison Gill and Andy McCabe emphasize their commitment to uncovering and reporting on ongoing and future developments within the DoJ and broader governmental shifts. They tease upcoming topics, including nomination hearings and executive actions impacting federal agencies.
Notable Quote:
Alison Gill [63:13]: "We appreciate you being here... If you have any questions, there's a link in the show notes."
Andy McCabe [62:19]: "We're going to be looking back on this, you know, 100 episodes from now just like, oh, my God, can you believe everything that's happened. It's going to be a crazy journey. So buckle in."
Final Thoughts
"Autocrat Meet Bureaucrat" sets a compelling foundation for UnJustified, highlighting significant shifts within the Department of Justice under Trump's administration. Alison Gill and Andy McCabe provide a critical lens on executive overreach, undermining of institutional integrity, and challenges to constitutional norms. The episode intertwines detailed analysis with firsthand insights, supported by legal references and timely quotes, making it a must-listen for those concerned about the preservation of civil liberties and the rule of law in the United States.
Notable Timestamped Quotes:
- Andy McCabe [02:24]: Detailed explanation of Beauvais's memo and its legal implications.
- Alison Gill [04:04]: Introduction of the anti-commandeering doctrine and relevant Supreme Court cases.
- Andy McCabe [06:38]: Critique of resource reallocation from anti-terrorism to immigration enforcement.
- Andy McCabe [12:48]: Discussion on the impact of reassigning seasoned DOJ officials.
- Andy McCabe [22:39]: Analysis of Tom Ferguson’s role and influence on FBI leadership.
- Alison Gill [31:11]: Judge Chutkan’s condemnation of Trump's pardons for January 6 convicts.
- Alison Gill [42:40]: Judge Cannon’s order on Special Counsel Jack Smith's report.
- Andy McCabe [55:48]: Listener question on the ramifications of altering birthright citizenship.
For more insights and updates, tune into future episodes of UnJustified as Alison Gill and Andy McCabe continue their in-depth exploration of the evolving landscape within the Department of Justice and its broader implications on American governance.