UnJustified – Episode 57: "Contempt of Court"

Host: Alison Gill (AG)
Co-host: Andrew McCabe (AM)
Date: February 22, 2026
Podcast by: MSW Media

Episode Overview

This episode of UnJustified casts a spotlight on the escalating erosion of civil liberties and the repeated defiance of judicial authority under Trump’s Department of Justice during his second term. Hosts Alison Gill and former FBI Deputy Director Andrew McCabe unspool a series of stories demonstrating a pattern of contempt for the rule of law—from Supreme Court decisions and rampant violation of court orders to the misuse of federal resources and the creation of new legal watchdog tools. The discussion is frank, urgent, and laced with gallows humor befitting the topic’s gravity.

Key Discussion Points & Insights

1. Supreme Court Rebukes Trump’s Tariff Authority ([01:39]–[04:37])

• AM: Details the Supreme Court’s 6–3 decision against Trump, ruling he cannot levy tariffs under the International Emergency Economic Powers Act (IEEPA).
• Notable Quote:
  • “He must point to clear congressional authorization to justify his extraordinary assertion of the power to impose tariffs. He cannot.” [01:57]
• AG: Explains how the ruling undercuts Trump’s economic agenda and sets off a new round of Trump attacks against the judiciary.
• Insight: This judicial rebuke has inflamed Trump, who called the ruling “a disgrace” and vented at a White House breakfast, illustrating his growing hostility toward the courts.

2. Secret Judicial Complaints and Internal DoJ Misconduct ([03:00]–[04:37])

• AG: Shares an inside story of a confidential memo leak from a judicial conference about judicial concerns with Trump’s attacks, leading to an improper complaint by DoJ.
• AM: Mocks the “clownish” nature of DoJ’s legal machinations:
  • “We still want to complain about it, and we still want you to do something about it that we cannot say what it is.” [04:37]
• Insight: Reveals both the secrecy and sloppiness of Trump-era DoJ attempts to weaponize judicial oversight.

3. Staggering Noncompliance with Court Orders in Immigration Cases ([04:47]–[11:38])

• AM: Cites Politico: In just 10 weeks, Trump's administration violated over 55 federal court orders in NJ alone—averaging one per working day.
• AG: Itemizes specifics:
  • Violations in 547 immigration cases, ranging from illegal deportations to missed deadlines and withholding evidence.
  • “Yeah. Good Lord.” [05:27]
• AM: Reads from DOJ Associate Deputy AG Jordan Fox’s regretful letter admitting the violations were “unintentional and immediately rectified once we learned of them.”
• AG: Observes that “increasingly frequent violations” of court orders are now widespread, with Minnesota judges recording 94 violations in a single month.

4. Landmark Civil Contempt Sanction ([08:41]–[14:39])

• AM: Reports on U.S. District Judge Laura Provenzino in Minnesota, imposing the first-ever daily civil sanction ($500/day) on a federal DoJ attorney for failing to comply with an order to return identification documents to an immigrant—signaling mounting judicial frustration.
  • Notable Quote by Judge Provenzino:
    • "The government's understaffing and high caseload is a problem of its own making and absolutely does not justify flagrant disobedience of court orders." [10:17]
• AG: Points out that this may open the floodgates for more judges to impose direct financial consequences.
• AM: Notes the disarray caused by “Operation Metro Surge,” causing attorneys—many of them military JAGs pressed into service—to break under the strain.
  • “[T]hey’re having 30, 40 actions on 26 dockets a day, and you’re gonna get sanctioned ...” [14:39]
• Insight: Judges are moving past hand-holding, using their inherent contempt powers for immediate remedies.

5. The Volume II Jack Smith Report Battle ([16:45]–[26:24])

• AG: Updates on the ongoing legal saga over the release of Volume II of Special Counsel Jack Smith’s classified documents report.
  • Trump, Nada, and de Oliveira are arguing for permanent secrecy or even destruction of the report.
  • "Bottom line up front: The 11th Circuit Court of Appeals has set oral arguments ... for late June." [17:50]
• AM: Recaps how Judge Eileen Cannon’s Trump-friendly rulings and the DOJ’s own shifting strategies led to continued delay.
• AG: Observes: “I really want to read that report out loud on the Unjustified podcast.” [26:16]
• AM: Predicts a slow process: “If this gets decided before 2028, I’ll be shocked.” [25:45]

6. Launching a Tracker for Irregular DOJ Prosecutions ([28:02]–[34:18])

• AM: Defense lawyers have built a public tracker for DOJ cases with “irregular charging practices”—responding to a surge of politically motivated prosecutions.
• AG: Describes how this tracker highlights “unusual, aggressive” legal tactics, often based on questionable factual grounds.
  • Notable Quote from Stephen Salke:
    • "We created the case tracker because you cannot defend against an enemy you cannot see." [28:47]
• AM: Notes the tracker (“probably an Excel spreadsheet, let’s be honest”) will aid the defense bar in fighting overreach, including cases dismissed or acquitted due to lack of real evidence.
• AG: Points to a sharp drop in DOJ conviction rates under the Trump administration, further undermining credibility.
• AM: “This tracker is an essential tool for an era where federal overreach has become the standard operating procedure." [33:30]
• Insight: The legal community is formalizing resistance and tracking DOJ's erosion of prosecutorial norms.

7. FBI Director Kash Patel’s Olympic “Boondoggle” ([35:00]–[46:34])

• AG & AM: Expose and ridicule FBI Director Kash Patel’s taxpayer-funded trip on the FBI’s Gulfstream jet to attend the Winter Olympics in Italy—citing “official business” as pretext.
• Notable Quotes:
  • “An FBI official confirmed Patel’s travel plans. That’s good. But said he has several official government purposes for attending, including a meeting with an ambassador, briefings on Olympic security, and other government meetings.” [37:51]
  • “Government accounts estimate it costs U.S. taxpayers at least $5,000 per flight hour ... as much as $75,000.” [38:10]
• AM: Contrasts Patel’s trip with his own practice as FBI Deputy Director—vacationing at his own expense, only doing meetings while there:
  • “No Gulf Stream involved, no $75,000...” [45:38]
• AG: Explains the strict ethics rules for rank-and-file employees ("I had to spend less than $20 on an award trophy”):
  • “We do not want to run afoul of any ethics concerns.” [46:34]
• Insight: Stark contrast of ethics in public service—one rule for the top under Trump, another for everyone else.

8. Listener Questions & Notable Comments ([48:04]–[56:45])

• Bob Dylan as Nobel laureate called out by a Canadian listener, highlighting the lighter side.
• Calls for more podcast swag and humorous anecdotes about not wanting to be featured on “Mr. February” merch.
• Q&A: Can Trump be prosecuted for pre-presidency sex trafficking like Prince Andrew?
  • AM: Legally possible, but “nothing a snowball’s chance” under current DOJ.
  • AG: "Federal sex trafficking, I believe, has no statute of limitations ... but we definitely have to get a different attorney general." [54:10]
  • Agreed: “Same challenges would exist in state court: witness cooperation, statutes of limitations, AG’s discretion.”

Memorable Moments & Quotes

• On contempt for the courts:
  • AG: “Increasingly frequent violations ... I can’t even say it because it’s so unheard of.” [07:53]
• On DOJ’s excuses:
  • AM: “We regret deeply all the violations for which our office is responsible.” [06:32]
• On judicial patience running out:
  • AM: “Judges actually saying they don’t believe there’s a presumption of regularity anymore ... It’s blatant.” [31:59]
• On the Jack Smith Volume II delay:
  • AM: “If this gets decided before 2028, I’ll be shocked.” [25:45]
• On government ethics:
  • AG: "We do not want to run afoul of any ethics concerns. We don't want to spend ... I couldn't even get a [trophy] under $20.”
• On the Olympic junket:
  • AM: “No Gulf Stream involved, no $75,000.”
  • AG: “This is pretty astounding, but not shocking at all.”

Timestamps for Important Segments

• [01:39] Supreme Court on Trump’s tariffs
• [04:47] Pattern of defiance against court orders
• [09:13] Civil contempt sanctions for DOJ attorney
• [16:45] Fight over releasing Jack Smith’s report Vol. II
• [28:02] Launch of the DOJ irregular charging case tracker
• [35:00] Kash Patel’s taxpayer-funded Olympics trip
• [48:04] Listener questions (Bob Dylan, podcast swag, legal theory on Prince Andrew/Trump)

Overall Tone & Language

• Candid, irreverent, and often darkly humorous.
• Hosts are critical but fact-focused, unsparing of Trump’s DOJ but compassionate for overworked public servants and those harmed by government malfeasance.
• Frequent asides, pop culture references, and audience engagement maintain high energy and engagement.

Conclusion

This episode delivers a rigorous, accessible, and at times biting account of how institutional checks on power are being undermined by an executive branch bent on eroding judicial authority, weaponizing process, and bypassing ethical constraints. By combining legal analysis, insider perspectives, and tools for accountability, Alison Gill and Andy McCabe document the uneasy state of American justice and the resolve of those still pushing back. This is essential listening for anyone trying to understand how the rule of law can be imperiled—and how resistance is taking shape in real time.