UnJustified — Episode 51: "FBI Ices Out Minnesota"

Host: Allison Gill
Guest/Co-Host: Andrew McCabe
Release Date: January 11, 2026
Podcast: UnJustified (MSW Media)

Episode Overview

This episode, hosted by Allison Gill with former FBI Deputy Director Andrew McCabe, confronts the erosion of civil liberties and the rule of law under Trump's Department of Justice. The main focus is the controversial killing of Renee Nicole Good by an ICE agent in Minneapolis and the FBI's unprecedented refusal to share evidence with Minnesota authorities. The episode also covers legal challenges to Trump-appointed U.S. attorneys, the struggle for transparency with the Epstein files, upcoming testimony by Jack Smith, and audience questions about the integrity of U.S. elections.

Main Topics & Discussion Points

1. FBI’s Refusal to Share Evidence with State Authorities in Minnesota

Background and Key Facts

• [03:20] Andy McCabe confirms the incident: An ICE agent, Jonathan Ross, shot and killed Renee Nicole Good, a 37-year-old woman, in Minneapolis.
• [04:09] Minnesota authorities and Governor Tim Walz pushed for a joint state-FBI investigation, but the BCA withdrew after the FBI denied access to case materials.
• Notable Pattern: Normally, the FBI works collaboratively with local authorities in high-profile investigations (e.g., George Floyd, Charlie Kirk shootings, Trump assassination attempt).

Legal and Investigative Implications

• [05:11] Andy McCabe: “It’s not just difficult, it’s almost impossible [for the state to investigate without evidence].”

  “This is something that the FBI in the modern era, so the post-Hoover era, would never even consider doing under any circumstances.”

• [06:40] The FBI collected all physical evidence (the car, ballistics, interviews, videos), and local investigators now have no forensic access.
• [08:22] Trump-appointed U.S. attorney in MN blocked evidence sharing, further impeding state prosecution against the federal officer.
• [09:25] On the need for physical evidence:

  “The video is extraordinary...but it's not the entire story. To present an effective case…you really need access to all this stuff, the ballistics, physical evidence...witness statements...”

• [11:36] If FBI mishandles evidence, the chain of custody could taint potential state cases.

The Cellphone Video and Its Consequences

• [12:19] Cellphone footage shot by the ICE agent himself was released to a right-wing outlet, capturing him firing while both feet are on the ground and calling the victim a slur immediately after firing.
• [13:38] Andy McCabe:

  “That statement by the defendant absolutely comes in...It makes the defendant look terrible right in that moment.” “There’s nothing about that, about where he was positioned in what he did that was tactically sound...Even with that low standard [for police], this is an ugly case.”

Political Framing and Federal Response

• [17:23] DHS statements frame Renee Good as a 'domestic terrorist,' contradicting physical and video evidence.
• [19:17] Andy McCabe:

  “The way that the FBI is handling this so far...it’s disgraceful. Yeah. Straight up.”

2. Legal Fallout from Trump-Appointed Acting U.S. Attorneys

Disqualifications and Violations

• [23:00] Recent judicial removal of Trump’s interim U.S. attorney in NY, John Sarcone, for unlawful appointment and targeting political enemies like NY AG Letitia James.
• [24:51] Key Judicial Quote (Schofield):

  “When the executive branch skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority.”

• [27:16] Sarcone’s actions compared to other disqualified figures (Alina Habba in NJ, Pam Bondi/Lindsay Halligan in VA, Chadha, and Aseli).
• [30:41] Judge Novak (a Trump appointee) orders Halligan to justify calling herself U.S. attorney against court findings and threatens disciplinary action for false representation.

  “Don’t slough this off on some assistant. You are going to have to make your own statement to the court.” —Andy McCabe [30:41]

3. Congress Pressures DOJ for Epstein File Release

Transparency Struggles

• [34:18] Reps. Ro Khanna and Thomas Massie (bipartisan) request a “special master” to compel the DOJ to fully release Epstein files per statute—DOJ missed deadlines, over-redacted, and withheld key information.
• [36:43] DOJ’s actions have resulted in victims’ info being made public due to redaction errors; Congress argues DOJ “cannot be trusted” with disclosures and seeks court intervention.
• [39:37] Allison Gill:

  “It'll be interesting to see if Judge Engelmeier believes that he has jurisdiction to have the special master look after that law...Interesting legal question.”

• [41:49] Andy McCabe:

  “The problem with the act is they don’t really have a clear venue to enforce the law against the Department.”

4. Other Legal and Political News Highlights

Jack Smith & January 6th

• [43:10] Judiciary Chair Jim Jordan plans public testimony from Jack Smith about January 6 and Trump prosecutions.
• [44:50] Allison Gill:

  “Donald Trump wasn’t charged with inciting violence at the Capitol...So why would he have evidence developed to that end?”

• [45:29] Andy McCabe:

  “Because it’s all about the phone records. Right. It doesn’t matter about what actually happened.”

Indictment & Statute of Limitations Confusion

• [48:21] The pipe bomber case (Brian Cole) is complicated by delays that may have let some federal charges’ statutes of limitations expire—potentially due to mismanagement by Trump-appointed U.S. attorneys.

Listener Q&A: Can Trump Cancel Elections?

• [51:13] The hosts reassure listeners that federal elections are state-run and Congress lacks both the necessary votes and legal authority to change election dates or cancel midterms.
  • Allison Gill:

    “Elections are administered by the states, not by the federal government. And even the most conservative courts...have agreed on this point.” [53:45]

Notable Quotes & Memorable Moments

• McCabe, on the FBI’s refusal to share:

  “In the modern era...would never even consider doing [this] under any circumstances.” [05:11]

• Gill, on the ICE agent’s recorded slur:

  “They released that because they thought it was exculpatory...but...he was not in danger—he kept filming, circled the car, then fired.” [12:19]

• McCabe, on the agent’s conduct:

  “Had he missed that first shot, he could have very easily killed his partner...There’s nothing about that...that was tactically sound.” [13:38]

• On DOJ appointments:

  “She resigned from a job that she never had. I just resigned as the prime minister of Australia myself, Andy.” —Allison Gill [27:16]

Timestamps for Key Segments

• [03:20] Minnesota shooting background and local outrage
• [05:11]–[09:25] FBI blocks local investigators, legal implications
• [12:19]–[19:17] Analysis of video evidence, federal framing, and chilling implications for accountability
• [23:00]–[33:06] Trump-appointed U.S. attorney removals, court battles over legitimacy
• [34:18]–[41:49] Congress vs. DOJ on Epstein files and the call for a special master
• [43:10]–[48:10] Jack Smith’s upcoming testimony, Republican priorities, and critique of DOJ handling
• [48:21]–[50:38] The pipe bomber case and prosecutorial mismanagement
• [51:13]–[56:41] Listener Q&A: Can Trump cancel midterms? (summary: almost impossible)

Tone and Presentation

The hosts maintain a sharp, conversational, and sometimes sardonic tone, blending deep legal insight with a sense of exasperation at the current state of justice and governance. McCabe brings former law enforcement gravitas and tactical insight, while Gill is incisive, direct, and unafraid to call out legal and bureaucratic absurdities. The show is both analytical and accessible, designed for listeners who want both details and context on legal and political developments.

For Listeners Who Missed the Episode

This episode confronts what the hosts see as a breakdown in the normal functioning of federal law enforcement and judicial accountability, spotlighted by the FBI’s refusal to work with Minnesota authorities on a fatal police shooting, questionable DOJ appointments, and stonewalling over the Epstein files. Gill and McCabe break down these issues with clarity, candor, and a strong dose of disbelief at how far norms have been eroded. This is essential listening for anyone trying to track the cross-currents of justice, politics, and federal power in the U.S. today.