Podcast Summary: Episode 110 | Unforced Error

Title: Jack
Host/Authors: Allison Gill & Andrew McCabe
Release Date: January 12, 2025
Description: The creators of Mueller, She Wrote and Allison Gill, along with former FBI Deputy Director Andrew McCabe, delve into the federal trials of Donald J. Trump. They analyze court filings, strategies, and regulations with expert guests to navigate the Special Counsel process potentially leading to Trump's conviction.

Introduction

In Episode 110, titled "Unforced Error," Allison Gill and Andrew McCabe dissect the tumultuous developments surrounding Special Counsel Jack Smith's final report on Donald Trump's cases. The episode provides an in-depth analysis of recent court filings, judicial decisions, and strategic missteps that have shaped the trajectory of the ongoing investigations.

Sentencing of Donald Trump: A Series of Firsts

Key Discussion Points:

• Trump's Felony Sentence: Trump was officially sentenced as a felon, marking unprecedented milestones such as the first felon indicted on the eve of inauguration, and the first former president to be convicted.

Notable Quotes:

• Andrew McCabe [01:23]: "Donald Trump was officially sentenced as a felon today. First ever felon about to be inaugurated president, first former president felon. Just a lot of firsts."

• Allison Gill [03:00]: "It's a small, tiny victory, but I'll take it."

Analysis: Despite the absence of jail time or fines, the sentencing carries symbolic weight, forcing Trump to bear the label of a convicted felon. Gill emphasizes that while the outcome was not as anticipated, it serves as a partial win within the broader context of accountability.

Contempt Charges Against Rudy Giuliani

Key Discussion Points:

• Giuliani's Legal Troubles: Rudy Giuliani faced contempt charges, with Judge Beryl Howell and Judge Lyman reprimanding him for non-compliance, although jail time was not imposed.

Notable Quotes:

• Allison Gill [06:34]: "Bad week for Rudy Giuliani. He's got to find his Joe DiMaggio jersey and hand it over."

• Andrew McCabe [07:38]: "It's disgusting. It's disrespectful to the court, to the laws, to the plaintiffs who prevailed against him."

Analysis: The contempt proceedings against Giuliani highlight the judiciary's stern stance on defiance, albeit without severe penalties. This outcome reflects partially on the integrity of legal processes, ensuring that even high-profile figures are held accountable.

Legal Filings and 11th Circuit Ruling

Key Discussion Points:

• Jack Smith's Final Report: The Special Counsel submitted a two-volume report, with volume one covering unrelated election cases and volume two focusing on defendants Nauta and De Oliveira.

• Judge Eileen Cannon's Injunction: Judge Cannon attempted to block the release of the entire report, prompting appeals to the 11th Circuit.

• 11th Circuit Decision: On January 9th, the 11th Circuit denied Nauta and De Oliveira's emergency motion to enjoin the DOJ from releasing the report but did not vacate Judge Cannon's temporary injunction, which remains in effect for three more days.

Notable Quotes:

• Allison Gill [00:07]: "Andy, I signed an order appointing Jack Smith... the events leading up to and on January 6, classified documents and other presidential records."

• Andrew McCabe [04:36]: "I have so much respect for Judge Merchan. He conducted himself with dignity and fairness."

• Allison Gill [22:49]: "Defendants request that this court remand for a hearing in front of the district court."

Analysis: The discussion underscores the complex interplay between district courts and appellate courts in high-stakes political cases. The 11th Circuit's decision to maintain the injunction for an additional three days indicates ongoing legal maneuvering, while Jack Smith's strategic appeal seeks to expedite the report's release without further delays.

DOJ's Handling of the Special Counsel Report: Strategic Missteps

Key Discussion Points:

• Advanced Copies and Delays: Unlike previous Special Counsel reports, Jack Smith did not provide an advance copy to Trump, deviating from established norms.

• Timing of Report Transmission: The decision to submit the report at 1 PM on January 7th strategically positioned the DOJ to counter Judge Cannon's injunction swiftly.

• Potential for Public Release: Smith's recommendation not to release volume two publicly while prosecutions are pending aligns with DOJ protocols but has been criticized as a tactical error.

Notable Quotes:

• Allison Gill [56:18]: "Jack Smith's reasoning here was, hey, it's not even, we don't have to do this, but we're gonna."

• Andrew McCabe [58:22]: "This was a massive self-inflicted injury. A perfect example of bringing the knife to the gunfight."

Analysis: Gill and McCabe criticize the DOJ's departure from traditional practices, labeling it a significant strategic blunder. The absence of an advanced copy deprives the defense of preparation time, inadvertently facilitating delays and legal complications that undermine the report's timely release.

Listener Questions: DOJ Policies and Strategic Errors

Q1: DOJ's Requirements for Report Copies

• Question from Mel: Is there a law or policy requiring the DOJ to provide an advance copy of the Special Counsel report to the subject and mandating a delay before its release?

Hosts' Response:

• Allison Gill [57:22]: Highlights that Smith was not obligated to provide an advance copy but chose to, deviating from the Robert Mueller precedent as a "mistake."

• Andrew McCabe [58:23]: Regards the lack of advanced copies as a "massive self-inflicted injury" and a "strategic blunder."

Q2: Hypothetical Pardons to Expedite Report Release

• Question from A.G.: Suggests pardoning defendants Nada and De La Vera as a method to bypass the injunction.

Hosts' Response:

• Allison Gill [61:54]: Finds the idea inventive but unlikely to materialize.

• Andrew McCabe [62:31]: Discusses the improbability of such actions, noting DOJ's obligation under Rule 6E to protect grand jury information and the complexities of legal procedures involved in dropping charges.

Analysis: Listener questions delve into DOJ's procedural obligations and the strategic errors perceived in handling the Special Counsel report. Gill and McCabe provide critical insights, attributing the DOJ's actions to tactical miscalculations rather than legal imperatives.

Conclusion and Future Outlook

Key Takeaways:

• Strategic Errors by the DOJ: Departure from established norms regarding report dissemination has led to legal delays and complications.

• Judicial Challenges: Judge Cannon's injunction, despite being temporary, represents ongoing resistance against the report's release, with the 11th Circuit's decision adding another layer of complexity.

• Future Episodes: The hosts anticipate further developments in the legal battles surrounding the report's release and potential appeals.

Notable Quotes:

• Allison Gill [67:45]: "Judge Cannon's singular, legally dubious decision is not going to set the path for every other district court in this country."

• Andrew McCabe [65:27]: "This entire thing is about delay."

Final Thoughts: Allison Gill and Andrew McCabe conclude by emphasizing the DOJ's missteps as central to the episode's narrative, setting the stage for continued analysis in future episodes. They also address listener engagement and the importance of strategic legal maneuvers in high-profile political cases.

Notable Quotes with Timestamps:

• [01:23] Andrew McCabe: "Donald Trump was officially sentenced as a felon today. First ever felon about to be inaugurated president, first former president felon. Just a lot of firsts."

• [04:36] Andrew McCabe: "I have so much respect for Judge Merchan. He conducted himself through this entire thing with just dignity and fairness and grace..."

• [22:50] Allison Gill: "We respectfully request that this court deny the motion on the merits, set aside the district court's temporary injunction..."

• [56:18] Allison Gill: "Jack Smith's reasoning here was, hey, it's not even, we don't have to do this, but we're gonna."

• [58:22] Andy McCabe: "This was a massive self-inflicted injury. A perfect example of bringing the knife to the gunfight."

• [67:12] Andy McCabe: "It's been so chill, dude, doing these shows for the last couple weeks. We've been kind of like scraping around for interesting things to talk about..."

Final Note: For those interested in the intricate legal battles surrounding Donald Trump's federal trials, Episode 110 of Jack offers a comprehensive and critical analysis. Allison Gill and Andrew McCabe provide listeners with clarity amidst legal complexities, ensuring even those unfamiliar with the proceedings can grasp the significance of each development.