UnJustified Podcast Episode Summary
Title: Ed Martin, WCADAGPA
Host/Author: MSW Media
Release Date: May 18, 2025

Introduction

In this episode of UnJustified, hosts Alison Gill and Andy McCabe delve into several pressing legal and political issues surrounding the Department of Justice (DoJ) under the Trump administration. The discussion centers on the erosion of civil liberties, the manipulation of legal processes, and the internal dynamics of the DoJ, highlighting key cases and recent developments that underscore the threats to the rule of law.

1. Abrego Garcia Case and Judge Sinise's Hearing

The episode opens with an analysis of the Abrego Garcia case, focusing on Judge Sinise's recent hearing addressing the dismissal of state secrets and deliberative process privileges in the discovery phase.

• Discovery Controversy: Judge Sinise is scrutinizing whether the DoJ's invocation of state secrets and deliberative process privileges over 1,000 documents related to El Salvador seacoat detainees is justified. The DoJ submitted only 32 documents under seal, which has raised significant concerns about transparency and compliance with court orders.

  Alison Gill (00:16): "The Trump administration lawyers have given Judge Boasberg documents they say show the United States does not have constructive custody over El Salvador seacoat detainees, but the Department of Justice submitted them under seal."

• Government's Defense: DoJ attorney Gwyn argues that complying with all discovery requests would jeopardize state secrets, leading to a tense exchange with Judge Sinise, who demands more substantive justification.

  Andy McCabe (03:55): "Rossman says, my head is spinning based on what I've heard from the government. They've told us nothing, Zero, nothing."

• Legal Implications: The hosts discuss the likelihood of a contempt finding against the DoJ, emphasizing the significant impact on due process for Abrego Garcia.

  Andy McCabe (08:55): "We have due process in the balance. And there's the question of the role of the judiciary."

Notable Quote:

Alison Gill (05:31): "Rossman continues on the State secrets privilege issue, it says. Important to underscore the context here. We're talking about a single person removed to another country."

2. DOJ Shuttering the Public Corruption Squad

The conversation shifts to the DoJ's decision to close its federal public corruption squad within the FBI's Washington Field Office, a move that dismantles efforts to investigate high-profile corruption cases, including those involving Donald Trump.

• Impact on Investigations: The closure of Criminal Squad 15, known internally as CR15, disrupts ongoing investigations that previously contributed to cases like the Arctic Frost probe, which preceded Jack Smith's inquiry into Trump's actions post-2020 election.

  Andy McCabe (43:22): "FBI special agents assigned to the squad will be reassigned... The move to shutter the unit comes amid a major shift of FBI resources towards immigration enforcement."

• Resource Reallocation: Resources are being diverted to immigration enforcement, which is primarily the responsibility of ICE, further weakening the DoJ's ability to tackle white-collar and public corruption crimes.

  Alison Gill (44:34): "They're gutting the public Public Integrity section... and moving everybody to ice folks."

3. Supreme Court Ruling on the Alien Enemies Act

A significant part of the episode covers the Supreme Court's preliminary injunction blocking the removal of petitioners in Texas under the Alien Enemies Act (AEA).

• Legal Precedent: The ruling, with a 7-2 decision, prevents the Trump administration from using the AEA to deport individuals affiliated with Trend Aragua, marking a critical check on executive power.

  Alison Gill (30:43): "This ruling means that the Trump administration is barred from using the Alien Enemies act to deport the men in Texas."

• Future Implications: The hosts anticipate further appeals and a possible Supreme Court review of the AEA proclamation, underscoring the ongoing legal battles over executive authority and due process.

  Andy McCabe (30:38): "They're going to have to define what notice looks like... and then that will go back to the Supreme Court."

Notable Quote:

Alison Gill (28:35): "This almost certainly goes straight back to the Supreme Court for a ruling on the AEA Proclamation itself."

4. Ed Martin Under Investigation

The episode prominently features Ed Martin, the Assistant Deputy Attorney General and Pardon Attorney, who is under investigation by an ethics office overseeing attorney discipline in Washington.

• Investigation Details: Martin's controversial goodbye email revealed he is being investigated for allegedly using his position to intimidate perceived adversaries without proper cause. Democratic lawmakers accuse him of abusing his power and seeking to shame individuals without legal grounds.

  Andy McCabe (37:18): "Ed Martin... is under investigation by an ethics office that handles attorney discipline in Washington."

• Implications for the DoJ: Martin's behavior exemplifies the broader issues within the DoJ, where officials are accused of leveraging legal mechanisms to target political opponents and erode legal norms.

  Alison Gill (51:03): "Ed's job at the DOJ is to violate DOJ policy."

Notable Quote:

Andy McCabe (51:41): "He is the embodiment of unjustified."

5. FBI’s Response to January 6th Investigations

The hosts discuss the FBI's lawsuit against the government to prevent the release of names involved in the January 6th investigations, highlighting the ongoing conflict between federal agencies and the judiciary.

• Legal Battle: Ed Martin's public statements about naming and shaming federal employees funding the January 6th probes have intensified the lawsuit aiming to protect the identities of involved FBI agents.

  Andy McCabe (54:42): "He is the embodiment of unjustified."

• DOJ’s Stance: Martin's admission of intent to shame unindicted parties undercuts DOJ policies and raises ethical concerns regarding the weaponization of legal authority.

  Andy McCabe (51:45): "It may be a violation of their privacy rights."

Notable Quote:

Alison Gill (52:10): "This guy is a disgrace to the practice of law, to the Department of Justice, to the D.C. U.S. Attorney's office."

6. Jim Comey's Alleged Threat and Investigation

The podcast covers an incident involving former FBI Director Jim Comey, who is under investigation for an Instagram post that Trump and his allies interpret as an assassination threat.

• Incident Description: Comey's Instagram photo featured the numbers "8647" arranged with seashells, accompanied by the caption "cool shell formation on my beach walk." Trump claims this constitutes a veiled assassination threat.

  Alison Gill (56:00): "Jim Comey is under investigation for posting 8647 on Instagram."

• Hosts' Perspective: Gill and McCabe express skepticism over the severity of the threat, comparing it to less serious incidents handled by law enforcement.

  Andy McCabe (57:56): "If they handle it the way they handle literally hundreds and hundreds of these things, they'll walk away."

Notable Quote:

Alison Gill (58:33): "This whole thing is ridiculous from start to finish."

7. Listener Questions: Speed Round

In the latter part of the episode, Gill and McCabe address listener-submitted questions, providing insights on topics such as DHS ICE recruitment, the legality of government agents hiding their identities, the suspension of habeas corpus, and the Emoluments Clause in relation to Trump's proposed use of a Qatari 747.

• DHS ICE Recruitment: Skepticism is expressed regarding the feasibility of recruiting 20,000 ICE agents in 60 days, citing past failed recruitment drives.

  Andy McCabe (60:05): "20,000 agents in 60 days. Not a chance."

• Government Agents Hiding Faces: They clarify that while there's no legal requirement for agents to show their faces during arrests, agency policies often mandate visible identification to prevent misunderstandings.

  Alison Gill (62:53): "They work at DHS, FBI... everything has to have police on there."

• Suspension of Habeas Corpus: The hosts explain that only Congress, not the President, has the authority to suspend habeas corpus, and such actions are constitutionally limited to extreme circumstances.

  Andy McCabe (64:20): "Only Congress can suspend the writ of habeas corpus."

• Emoluments Clause and Qatari 747: They discuss Trump's proposal to use a Qatari-owned airplane as Air Force One, highlighting its potential violation of the Emoluments Clause, which prohibits the President from accepting gifts from foreign governments without congressional approval.

  Alison Gill (65:42): "The Emoluments Clause says the president cannot take anything of value from a foreign government."

Notable Quote:

Andy McCabe (66:44): "You cannot accept a gift from a foreign government unless Congress approves."

Conclusion

The episode concludes with the hosts reflecting on the ongoing challenges within the DOJ and federal agencies, emphasizing the critical need for accountability and the preservation of legal norms to safeguard civil liberties. They announce a forthcoming bonus episode to further dissect the Supreme Court's ruling on the Alien Enemies Act and invite listeners to engage through upcoming patron-exclusive events.

Key Takeaways:

• The DoJ under Trump has been systematically undermining legal processes, particularly through the misuse of state secrets and deliberative process privileges.
• High-profile cases like Abrego Garcia and Seacoat highlight the struggle for due process against executive overreach.
• Ed Martin's actions as the Weaponization Czar exemplify the weaponization of legal authority against political adversaries.
• The Supreme Court's intervention on the Alien Enemies Act marks a significant legal precedent restricting executive abuse.
• Ongoing internal conflicts within federal agencies, including the FBI's restructuring, reflect broader issues of accountability and mission creep.

Notable Quotes with Timestamps:

• Alison Gill (00:16): "The Trump administration lawyers have given Judge Boasberg documents they say show the United States does not have constructive custody over El Salvador seacoat detainees, but the Department of Justice submitted them under seal."

• Andy McCabe (03:55): "Rossman says, my head is spinning based on what I've heard from the government. They've told us nothing, Zero, nothing."

• Alison Gill (05:31): "Important to underscore the context here. We're talking about a single person removed to another country."

• Andy McCabe (08:55): "We have due process in the balance."

• Andy McCabe (51:41): "He is the embodiment of unjustified."

• Alison Gill (56:00): "Jim Comey is under investigation for posting 8647 on Instagram."

• Andy McCabe (60:05): "20,000 agents in 60 days. Not a chance."

• Alison Gill (62:53): "They work at DHS, FBI... everything has to have police on there."

• Andy McCabe (64:20): "Only Congress can suspend the writ of habeas corpus."

• Alison Gill (65:42): "The Emoluments Clause says the president cannot take anything of value from a foreign government."

This comprehensive summary encapsulates the key discussions and insights presented in the UnJustified podcast episode, providing listeners and non-listeners alike with a clear understanding of the critical issues addressed by Alison Gill and Andy McCabe.