Podcast Summary: Episode 109 | Jack Smith Report Watch

Title: Jack
Host: MSW Media
Episode: 109
Release Date: January 5, 2025
Participants: Alison Gill, Andy McCabe

Introduction

In Episode 109 of Jack, hosts Alison Gill and Andy McCabe delve deep into the intricacies of the ongoing federal trials involving former President Donald J. Trump. This episode, titled "Jack Smith Report Watch," aired on January 5, 2025, and focuses on the activities of Special Counsel Jack Smith, the Department of Justice's strategies, and the potential ramifications for Trump and his associates.

Department of Justice's Actions and Appeals

11th Circuit Appeal:

Andy McCabe opens the discussion by addressing the Department of Justice's (DOJ) recent maneuver to appeal Judge Eileen Cannon's decision to dismiss the classified documents case against Trump. This dismissal was based on allegations that Special Counsel Jack Smith was appointed and funded improperly.

• Andy McCabe [00:46]: "Today we have the answer to our questions about what the Department of Justice was going to do with the appeal to the 11th Circuit to overturn Judge Eileen Kenan's decision..."

Alison Gill acknowledges the complexity of the situation and the potential impact on future Special Counsel appointments.

• Alison Gill [01:11]: "And we'll discuss what we should expect from the Jack Smith report and whether Merrick Garland will release it and if he does, how much of it he'll release."

Transfer to Southern District of Florida:

Jack Smith has officially withdrawn the appeal regarding Trump but maintained it for co-defendants Walt Noda and Carlos de Oliveira. The case has been transferred to the U.S. Attorney's Office for the Southern District of Florida.

• Alison Gill [15:15]: "Now that Jack Smith has taken that last step necessary to officially end his investigation by handing off the 11th Circuit appeal to the U.S. attorney's office in the Southern District of Florida..."

Andy emphasizes the strategic importance of this move for the DOJ's broader prosecutorial capabilities.

• Andy McCabe [16:14]: "This is a very important issue for the Department of Justice. This is beyond whether or not Noda and de Oliveira will ever actually be held criminally liable..."

Incoming Administration's Influence:

The hosts speculate on how the incoming administration, likely sympathetic to Trump, may influence the fate of ongoing cases. There's a significant focus on the possibility of pardons and how they could derail the DOJ's efforts.

• Andy McCabe [22:40]: "You think Trump believes the Southern District of Florida is a very important U.S. attorney's office for him."

Jack Smith's Special Counsel Report

Report Submission and Release:

Jack Smith is mandated to submit a confidential report to Attorney General Merrick Garland upon concluding his investigation. The discussion centers on whether Garland will release this report and the extent of potential redactions.

• Alison Gill [28:10]: "We have to take a quick break. So everybody stick around. We'll be right back."

• Andy McCabe [30:24]: "Historically, we know he released [William Barr's] report and the Durham report with minimal redactions."

Alison expresses concerns about potential Office of Legal Counsel (OLC) interventions that could limit the report's transparency, especially given Trump's status as President-elect.

• Alison Gill [32:02]: "...wondering if Merrick Garland asks the Office of Legal Counsel their opinion on whether he can release a report..."

Content of the Report:

The hosts debate what the report might contain, drawing parallels with past Special Counsel reports like Mueller and Durham. They discuss the challenges Jack Smith may face in addressing co-conspirators without the ability to indict them under the new administration.

• Andy McCabe [36:41]: "Smith could do the same thing [as Mueller]. This is essentially issuing a report that says, this is what we found."

Highlighted Cases

Rudy Giuliani's Contempt Hearing:

A significant portion of the episode is dedicated to Rudy Giuliani's legal struggles, particularly his contempt hearings and failure to comply with discovery orders.

• Alison Gill [03:33]: "Rudy Giuliani... is being dicey, as it turns out... he has yet to hand over a Joe DiMaggio jersey... he's hiding somewhere."

Giuliani's attempts to delay proceedings and his inconsistent claims about his residence are discussed, highlighting the mounting legal pressures he faces.

• Andy McCabe [06:25]: "He turned over his actual Mercedes Benz, but not the title... delaying the turnover of the New York apartment..."

Donald Trump's Upcoming Sentencing:

The episode underscores the imminent sentencing of Donald Trump on January 10th, marking a historic moment as a President-elect faces sentencing before taking office.

• Alison Gill [07:55]: "We have an incoming president that's going to be sentenced on January 10th."

Andy reflects on the unusual and unprecedented nature of this development.

• Andy McCabe [08:00]: "Another first for Donald Trump... he's still managing to keep his head above water."

Implications for DOJ and Future Special Counsel Appointments

The discussion transitions to the broader implications of the current legal battles for the DOJ's Special Counsel process. Alison Gill expresses skepticism about the continuity and efficacy of this mechanism under the incoming administration.

• Alison Gill [17:12]: "Trump isn't going to need a special counsel for anything because he's got a special counsel in Pam Bondi who will probably and likely do his bidding."

Andy McCabe elaborates on the potential obstacles the DOJ may face, including partisan challenges and the strategic use of the pardon power.

• Andy McCabe [23:12]: "He gets inaugurated and then everybody just holds their water... No, I think we have to [...] talk about the possibility of pardon."

Listener Questions

1. Michelle's Inquiry on Report Redactions:

Michelle asks whether Jack Smith can produce a more comprehensive report with redactions that could later be lifted, akin to the unredacted Mueller report.

• Alison Gill [52:39]: "Is it possible that he can write a more complete report with that info redacted, and then the info can be unredacted at some point after Donald pardons them?"

Andy responds by acknowledging the possibility but highlights the political and legal challenges such as potential DOJ obstruction.

• Andy McCabe [53:03]: "But I can't sit here and give you a likely scenario in which that happens."

2. Chris's Question on Russian Support for Bernie Sanders:

A listener named Chris seeks clarification on a previous statement regarding Russian support for Bernie Sanders.

• Alison Gill [58:03]: "He [Andy] didn't mean it that way... They wanted Democrats fighting among themselves."

Andy clarifies that Russian interference aimed to sow discord within the Democratic Party rather than support any specific candidate.

• Andy McCabe [59:44]: "They were stoking the flames... trying to make Democrats fight against Democrats."

3. Mary Alice's Concern on Trump's Crypto Activities:

Mary Alice raises questions about the Trump family's involvement in cryptocurrency and the potential for federal investigations being blocked under Trump's control of the DOJ.

• Alison Gill [60:28]: "Considering all of that industry's unsavory connections... will any investigation into that activity be blocked?"

Andy acknowledges the ethical concerns but doubts the likelihood of criminal investigations proceeding due to political interference.

• Andy McCabe [61:35]: "A lot of what we know... is not, on its face, illegal... but they will sprint past those..."

Conclusion

Alison and Andy wrap up the episode by reiterating the uncertainty surrounding Jack Smith's report and its potential impact. They emphasize the importance of remaining vigilant and informed about the DOJ's actions as they unfold.

• Alison Gill [65:43]: "Don't know how long Garland takes to release the report once it lands on his desk... We'll tell you about it when it happens."

Andy expresses eagerness for the report's release, underscoring its significance.

• Andy McCabe [65:34]: "I'm just counting the minutes until the big report drops."

The hosts encourage listeners to engage with future episodes as they continue to monitor and analyze the DOJ's developments.

Notable Quotes with Timestamps

• Andy McCabe [00:46]: "The Department of Justice was going to do with the appeal to the 11th Circuit to overturn Judge Eileen Kenan's decision to dismiss the classified documents case..."

• Alison Gill [03:33]: "Rudy Giuliani... is being dicey, as it turns out..."

• Alison Gill [07:55]: "We have an incoming president that's going to be sentenced on January 10th."

• Andy McCabe [22:40]: "You think Trump believes the Southern District of Florida is a very important U.S. attorney's office for him."

• Alison Gill [32:02]: "...wondering if Merrick Garland asks the Office of Legal Counsel their opinion on whether he can release a report..."

• Andy McCabe [36:41]: "Smith could do the same thing [as Mueller]. This is essentially issuing a report that says, this is what we found."

• Alison Gill [55:17]: "Remember the 165 page immunity brief followed by a 1889 page, mostly fully redacted giant submission on the court docket..."

Final Thoughts

Episode 109 of Jack provides an in-depth analysis of the volatile intersection between legal proceedings and political maneuvering surrounding former President Donald J. Trump. Alison Gill and Andy McCabe offer a comprehensive look at the current state of affairs, highlighting the significant uncertainties and potential outcomes that lie ahead as the DOJ navigates these complex cases under a changing administration.

Listeners are encouraged to stay tuned for further developments, especially the anticipated release of Jack Smith's report, which promises to shed more light on the DOJ's position and future actions regarding one of the most consequential political figures in recent history.