UnJustified Podcast Episode Summary: "Ed Martin Is Doing It Wrong"

Released on March 2, 2025 | Host: Allison Gill & Andy McCabe | Duration: Approximately 1 Hour

Introduction

In this episode of UnJustified, hosts Allison Gill and Andy McCabe delve into a series of concerning developments within the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) under the Trump administration. The discussion centers around the erosion of civil liberties, questionable prosecutorial actions, and the unsettling leadership changes within these pivotal institutions.

Ed Martin and the Biden Climate Grant Investigation

The episode kicks off with a critical examination of Interim U.S. Attorney Ed Martin’s handling of a high-profile case involving the Biden administration's $20 billion Greenhouse Gas Reduction Fund.

Key Points:

• Unauthorized Actions: Ed Martin submitted a seizure warrant application independently, without consultation from other prosecutors in his office. This unilateral move was promptly rejected by a U.S. magistrate judge in Washington, D.C., who found the application lacked a reasonable belief that a crime had occurred. (Andy McCabe, [00:07]-[00:35])

• DOJ's Unorthodox Approach: The DOJ attempted to advance the investigation by involving multiple U.S. Attorney offices across the country, seeking cooperation where internal prosecutors were unwilling. Despite these efforts, several offices declined to participate, highlighting potential overreach and misuse of prosecutorial power. (Allison Gill, [00:35]-[03:36])

• Impact on EPA and Citibank: The investigation targeted funds managed by Citibank for clean energy projects. Despite claims of mismanagement by the Trump-appointed EPA administrator, internal resistance within the DOJ led to resignations and a lack of credible evidence to support the freeze on funds. (Allison Gill & Andy McCabe, [03:36]-[12:02])

Notable Quote:

“You can't seize a truck, you can't seize a backpack, you can't seize a pair of socks without probable cause.”
— Stefan D. Casella, former federal prosecutor ([07:29]-[07:37])

DOJ Demotions of January 6th Prosecutors

Gill and McCabe address the DOJ’s recent demotions of several high-profile federal prosecutors who were instrumental in charging and convicting members of extremist groups involved in the January 6th Capitol riot.

Key Points:

• Targeted Demotions: Prosecutors like John Crabb, Elizabeth Aloy, Jason McCulloch, and Catherine Rosi, who prosecuted leaders of the Proud Boys, Oath Keepers, Steve Bannon, and Pete Navarro, were demoted. These actions are viewed as retaliatory for their roles in high-stakes cases against Trump allies. (Allison Gill, [15:19]-[17:13])

• Parallel to FBI Purges: Drawing parallels to former FBI purges under Comey, the hosts highlight a pattern of reassignments and demotions aimed at undermining DOJ officials who pursue cases against political adversaries. (Andy McCabe, [17:13]-[18:10])

Notable Quote:

“They are weaponizing DOJ and the FBI against political enemies, people who they find inconvenient.”
— Andy McCabe ([18:10]-[18:25])

Kash Patel's Leadership of the FBI and Appointment of Dan Bongino

A significant portion of the episode scrutinizes Kash Patel's appointment as FBI Director and his subsequent appointment of Dan Bongino as Deputy Director.

Key Points:

• Unorthodox Leadership: Patel has initiated drastic changes within the FBI, including relocating 1,500 employees without adequate funding and proposing unconventional partnerships, such as with the UFC Cage Fighting League. These moves have left FBI officials uncertain about the agency’s direction. (Allison Gill & Andy McCabe, [19:15]-[24:40])

• Qualifications Under Scrutiny: Gill and McCabe question Patel’s qualifications, emphasizing his lack of extensive leadership experience and his overt loyalty to former President Trump. His appointment of Bongino, a known conservative commentator with a questionable background in professional conduct, further exacerbates concerns about the FBI’s future integrity. (Allison Gill, [24:03]-[27:15]; Andy McCabe, [22:24]-[27:15])

Notable Quotes:

“It’s insane. Patel is... there is no chance that Cash Patel will ever resist any directive or order or suggestion or anything that Donald Trump gives him about FBI work.”
— Andy McCabe ([22:24]-[22:38])

“He doesn’t have to get all 12,000 agents to do his bidding. He only needs a couple of people.”
— Andy McCabe ([56:53]-[59:09])

DOJ Actions Against Covington & Burling

The hosts discuss President Trump’s directive to strip security clearances from lawyers at the prominent law firm Covington & Burling, which has been representing former Special Counsel Jack Smith.

Key Points:

• Security Clearances Revoked: Trump signed a memo targeting Covington & Burling, aiming to revoke security clearances of lawyers assisting Jack Smith and terminate any federal contracts with the firm. (Allison Gill, [35:52]-[38:20])

• Impact on Legal Representation: This action could severely limit the firm’s ability to defend Jack Smith, especially considering the classified nature of some of the investigations involved. Covington & Burling has vowed to defend its role in representing Smith. (Andy McCabe, [38:20]-[39:10])

Notable Quote:

“The memo is a breathtaking escalation of Mr. Trump's effort to employ the vast powers of the presidency against Mr. Smith...”
— Andy McCabe ([36:24]-[36:55])

Eric Adams Corruption Case Update

An update is provided on the criminal corruption case against New York City Mayor Eric Adams, whose attorneys are seeking an outright dismissal with prejudice.

Key Points:

• Motion for Dismissal: Adams’ legal team cites alleged prosecutorial misconduct, including a leaked letter from former Acting Manhattan U.S. Attorney Danielle Sassoon. This letter suggests a quid pro quo to dismiss the case, raising serious ethical concerns. (Allison Gill & Andy McCabe, [45:15]-[50:00])

• Potential Legal Outcomes: The discussion highlights Judge Dale Ho’s decision-making process regarding the motion, including the possibility of dismissal with prejudice, which would prevent future charges on the same allegations. (Andy McCabe, [49:30]-[50:10])

Notable Quote:

“Judge Dale Ho has admitted, hey, I don't have a lot of discretion here for Rule 48Motions when both the department and the person being charged are on the same page.”
— Andy McCabe ([48:32]-[50:00])

Listener Questions: Potential for FBI Abuse Under Kash Patel

The episode features listener questions, with a focus on the potential for FBI abuses reminiscent of J. Edgar Hoover’s tenure under Patel’s leadership.

Key Points:

• Patel’s Integrity Questioned: A listener expresses concern over Patel’s propensity to lie and manipulate information, citing discrepancies in his public statements versus testifying before the Senate Intelligence Committee. (Presenter Discussion, [54:31]-[59:09])

• Risk of Institutional Abuse: Gill and McCabe agree that Patel’s leadership style, characterized by deceit and disregard for procedural norms, poses a significant threat to the FBI’s integrity. They discuss the minimal number of complicit individuals required to enact systemic abuse, drawing parallels to historical precedents. (Gill & McCabe, [56:47]-[59:09])

Notable Quote:

“It’s dangerous what he's said he intends to do, and certainly the way he's conducted himself so far, I think is a bad sign.”
— Allison Gill ([58:05]-[59:09])

Conclusion

Allison Gill and Andy McCabe conclude the episode by reaffirming their commitment to exposing and analyzing the DOJ and FBI’s troubling developments. They emphasize the importance of defending institutional integrity against politicized misuse and encourage listeners to engage and stay informed.

Final Remarks:

“Our podcast is trying to ensure everybody knows exactly what's going on in Trump's Department of Justice.”
— Allison Gill ([59:09]-[60:24])

Notable Quotes with Timestamps

• Andy McCabe ([07:05]-[07:37]):

  “You can't seize a truck, you can't seize a backpack, you can't seize a pair of socks without probable cause.”

• Andy McCabe ([22:24]-[22:38]):

  “There is no chance that Cash Patel will ever resist any directive or order or suggestion or anything that Donald Trump gives him about FBI work.”

• Andy McCabe ([36:24]-[36:55]):

  “The memo is a breathtaking escalation of Mr. Trump's effort to employ the vast powers of the presidency against Mr. Smith…”

• Allison Gill ([58:05]-[59:09]):

  “It’s dangerous what he's said he intends to do, and certainly the way he's conducted himself so far, I think is a bad sign.”

Final Thoughts

UnJustified effectively highlights the alarming trends within the DOJ and FBI, emphasizing the potential for significant institutional corruption and the undermining of legal norms. Gill and McCabe’s thorough analysis provides listeners with a comprehensive understanding of the intricate power plays threatening the pillars of American justice and civil liberties.

For more detailed insights and ongoing coverage, visit mswmedia.com.