Podcast Summary: UnJustified – Episode: "Crime is Like a Denny's"

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, are documenting the erosion of civil liberties and the rule of law under Trump's Department of Justice (DoJ).
• Episode: Crime is Like a Denny's
• Release Date: May 25, 2025

1. Supreme Court's Decision on the Alien Enemies Act

The episode begins with Alison Gill and Andy McCabe delving into a significant Supreme Court decision regarding the Alien Enemies Act. The Supreme Court remanded the case back to the Fifth Circuit Court of Appeals, prompting notable reactions.

• Judge James Ho's Concurrence: Judge Ho, part of the Fifth Circuit, expressed strong dissatisfaction with the Supreme Court's decision. In his concurrence, he criticized the Court for what he perceived as disrespect towards the district judge and the President.

  "We have forgotten that this is a district court, not a Denny's." ([04:23])

  Ho's eight-page opinion highlighted his concerns about the lack of respect shown to judicial processes and officials, emphasizing the importance of maintaining judicial integrity.

2. Politicization of Intelligence Analysis

Alison and Andy discuss alarming revelations from the New York Times about the Trump administration's interference with intelligence assessments.

• Editing Intelligence Assessments: Tulsi Gabbard's Chief of Staff, Joe Kent, ordered intelligence analysts to alter an assessment to shield President Trump and Gabbard from criticism regarding claims that Venezuela's government controls the criminal gang Trend Aragua.

  "We're working to fix it so he doesn't need to be returned to the US." ([39:25])

  This attempt to manipulate intelligence findings led to the firing of key analysts, underscoring a disturbing trend of politicizing intelligence for administrative agendas.

3. Abrego Garcia Deportation Incident

A critical segment focuses on the wrongful deportation of Kilmar Armando Abrego Garcia to El Salvador, defying a court order.

• Internal Government Struggles: The Department of Homeland Security (DHS) and the Justice Department faced internal conflicts on how to address the error. Officials considered portraying Garcia as a leader of a violent gang to justify the deportation despite lacking evidence.

  "We're working to fix it so he doesn't need to be returned to the US." ([39:25])

  Senior Justice Department lawyer Arez Reveni advocated for Garcia's return to the United States, emphasizing the administrative error and the legal implications of keeping him abroad.

• Judicial Response: Judge Brian E. Murphy in Boston found that the Trump administration violated due process by deporting Garcia without sufficient notice, threatening criminal contempt charges against involved officials.

  "Here's that pesky due process." ([51:07])

4. Department of Justice's Shift in Civil Rights Enforcement

The hosts highlight the Trump administration's rollback of the Justice Department's Civil Rights Division efforts.

• Dismissing Lawsuits: The DOJ is actively dismissing lawsuits against local police departments, ending investigations into unconstitutional practices and withdrawing from active consent decrees aimed at police reform.

• Redirecting Grant Priorities: The administration has reoriented funding priorities from community trust-building and violence intervention to focuses like immigration, border security, and enhancing law enforcement's public image.

  "Community outreach, mental health, equity, inclusion... to we want the cops to look good and immigration." ([56:02])

5. Listener Questions and Legal Processes

Alison and Andy address listener inquiries about the administration's approach to constitutional challenges and legal proceedings.

• Confusion Over Executive Orders: A listener named Chuck questions why unconstitutional actions by the administration aren't immediately nullified. Andy explains that such determinations require litigation and judicial intervention, emphasizing the importance of adhering to legal processes despite frustrations.

  "The process is really important... it's what keeps us from veering off the cliff into tyranny." ([63:20])

• Harassment of Legal Figures: Another question from Aaron probes the administration's apparent strategy to target legal figures associated with figures like Jack Smith and Merrick Garland. Andy suggests the administration is strategically focusing on "low-hanging fruit" to exert pressure before tackling more prominent figures.

  "Patience, have patience... revenge actions will grow." ([61:56])

6. Conclusion: Upholding Justice and Due Process

The episode wraps up with Alison and Andy reiterating the critical need to support and uphold judicial integrity and due process. They emphasize resisting administrative overreach and maintaining the fairness of the justice system.

"We have to stick with the concept of fairness. So, Chuck, I get your frustration... we have to hang in there." ([69:28])

They conclude by affirming their commitment to documenting and challenging the erosion of civil liberties and the rule of law.

Notable Quotes:

• "We have forgotten that this is a district court, not a Denny's." — Judge James Ho ([04:23])
• "We're working to fix it so he doesn't need to be returned to the US." — DHS Official ([39:25])
• "The process is really important... it's what keeps us from veering off the cliff into tyranny." — Andy McCabe ([63:20])

Final Thoughts: In "Crime is Like a Denny's," Alison Gill and Andy McCabe provide a comprehensive analysis of the Trump administration's challenges to civil liberties and due process. Through detailed discussions of high-profile court cases and internal government manipulations, the hosts highlight the pressing need to preserve judicial integrity and resist political interference in legal processes.

For more insights and detailed discussions on the erosion of civil liberties, listeners are encouraged to subscribe to UnJustified on mswmedia.com.