UnJustified – Episode 49: "Grand Jury Manipulation"

MSW Media | December 28, 2025
Hosts: Allison Gill & Andrew McCabe

Overview

In this episode, Allison Gill and Andrew McCabe shine a spotlight on the alleged manipulation of grand jury processes and forum shopping within Trump’s Department of Justice, using new revelations from a letter by John Brennan’s lawyers as a jumping-off point. They further dissect recent legal developments involving Judge Eileen Cannon, the chaos surrounding the release of Jeffrey Epstein files, and significant Supreme Court decisions constraining presidential power. The hosts maintain their trademark blend of legal analysis, investigative detail, and irreverent banter, offering accessible insights on the ongoing erosion of constitutional and institutional norms.

Key Topics & Insights

1. Grand Jury Manipulation & Forum Shopping

(00:15–16:38)

• Background: John Brennan’s lawyers wrote to the Chief Judge in the Southern District of Florida, accusing DOJ leadership under Trump of “forum shopping” and manipulating grand jury assignment to steer a criminal investigation into Trump adversaries before Judge Eileen Cannon, seen as favorable to Trump after her rulings in the classified documents case.

• Key Details from Brennan's Letter:

  • The DOJ attempted to launch the investigation in multiple jurisdictions (Eastern Districts of Pennsylvania and Virginia), but local prosecutors refused to participate due to ethical concerns.
  • Only after internal resistance did the DOJ “find a home” in the Southern District of Florida, where U.S. Attorney Jason Quinones was reportedly willing to proceed.
  • Quinones “reworked the office hierarchy” and replaced career prosecutors with his own hires supportive of the probe.
  • Two newly-assigned assistant U.S. Attorneys resigned “under duress” rather than take part.
  • Brennan and at least 30 other intelligence officials received subpoenas.
  • The DOJ initiated an additional grand jury in Fort Pierce, explicitly to place Judge Cannon in charge; this bypassed Judge Middlebrooks in Miami, who had previously sanctioned Trump attorneys.
  • The DOJ failed to clarify what specific crime is being investigated or how jurisdiction/venue is justified.

“So they went to Pennsylvania. Pennsylvania’s like, nah. And then they went to Virginia. Virginia’s like, no, bro, not here. Then they went to Miami, and even a couple of people in Miami was like, no. But then he replaced everybody, put his own team in place, had those other folks resign. But that wasn’t the end of it.”
— Allison Gill (12:05)

• Implications:
  • This process, if accurate, reflects the politicization of the DOJ for retribution and the erosion of prosecutorial ethics.
  • Concerns are raised about connecting unrelated cases to evade the statute of limitations.

2. Judge Cannon & Volume 2 of Jack Smith’s Report

(16:39–27:49)

• The Mandamus Deadline: The 11th Circuit gave Judge Cannon until Jan 2 to decide whether to vacate her order blocking the release of Volume 2 of Jack Smith's report.
• Cannon’s Maneuver: Rather than comply immediately, Cannon ordered the block expire automatically on February 24, 2026—essentially extending the deadline.
• Hosts’ Reaction:
  • McCabe: “Yeah, I mean, you can’t. But she kind of gets away with it, right?...That's only being fair.” (19:08)
  • Gill: “She's got nerve. I mean, this is like, okay, that’s how I resolved it. I resolved it by extending your deadline. Now I dare you. I dare you to come after me.” (20:37)
• Potential Fallout:
  • Whether the Knight Institute (the plaintiff) will successfully press the 11th Circuit to force Cannon to comply before her newly invented deadline.

3. Epstein Files Chaos & DOJ Dysfunction

(28:10–47:22)

• Latest Events:

  • DOJ leadership ordered prosecutors to work through Christmas to review and redact hundreds of thousands of previously “found” Epstein documents—with a new “discovery” of a million more documents.
  • Internal morale is low; offers are made for future days off in exchange for working holidays.
  • Numerous systemic failures and “presumption irregularity” raised about DOJ’s ability and willingness to organize, review, and release the files.

• Notable Quotes:

  “We need AUSAs to do remote document review and redactions related to the Epstein files...” (29:43 - DOJ email per CNN)

• Political Manipulation:

  • Trump’s administration closed the Southern District of New York’s Epstein probe, moved files to D.C., and promptly fired prosecutors.
  • Senior figures like John Eisenberg (associated with prior cover-ups) are now charged with document review and redaction.

• Calls for Real Accountability:

  • McCabe: “...dumping millions of documents into a morass of a database that has no index, it has no file structure, it has no context...No one is going to ever get a comprehensive understanding of what happened here by an asset like that.” (46:43)
  • Both agree only a Congressional, bipartisan commission will approximate true public accountability.

4. DOJ Declination Letters & Transparency

(47:22–52:01)

• Declinations:
  • Unlike Special Counsel rules, standard DOJ practice does not require explanations for not prosecuting “subjects.”
  • The only accountability is political, which is why Congressional investigation is needed, especially regarding why Epstein’s “co-conspirators” were not charged.

5. Supreme Court Ruling on National Guard Deployment

(52:10–56:53)

• Key Ruling:
  • The Supreme Court ruled Trump cannot deploy the National Guard under Title 10, USC 12406 to states against the wishes of governors.
  • This is characterized as “the biggest loss of Trump’s second term” in Slate.
• Implications:
  • Prevents federal militarization by personal order; Trump may seek other means (Insurrection Act) to mobilize troops domestically.

6. Revocation of Security Clearance Defeated in Court

(56:24–58:59)

• Federal judge blocked Trump’s attempt to revoke Mark Zaid’s security clearance, finding a lack of due process and political motivation.
• Likely to affect others targeted in similar fashion.

7. White House Directly Controls DOJ Communications

(59:01–61:30)

• Unprecedented Overreach:
  • The White House hijacked DOJ’s social media to respond (and troll) online about the Epstein files.
  • McCabe: “...could never have happened under any other administration, Republican or Democratic. It’s a terrible idea. It’s a horrible look for the DOJ.” (61:30)

8. Listener Question – Trump White House Ballroom & Security

(61:50–65:30)

• Question: Is the Trump Ballroom construction a national security concern due to proximity to the White House’s bunker?
• McCabe’s Analysis:
  • “Yes, but maybe not for the reason you’re thinking...” Security is mainly compromised by anonymous donors having access and potential influence over the White House, which is a significant vulnerability.

“Nobody gives money because they don’t want influence. Right. So I think that this is such a...opportunity for all kinds of people with all kinds of agendas to cozy up to decision makers in the White House. And to me, that can be a national security problem.” (63:58)

Notable Quotes & Memorable Moments

• On DOJ Manipulation:
  “Prosecutors loyal to Mr. Trump...have been taking advantage of the secrecy around the grand jury process to undertake irregular activity outside public view.” — Allison Gill, summarizing Brennan’s letter (04:45)
• On Judge Cannon:
  “You gotta give her credit. She’s got nerve...I dare you to come after me.” — Andrew McCabe (20:37)
• On the Epstein Files Chaos:
  “‘Merry Christmas from Todd Blanche. Can you do some redactions of, you know, really gross men over the holidays?’” — Allison Gill (29:43)
• On DOJ-White House Firewall:
  “This would be like if the Attorney General was gonna give a press conference and Donald Trump walked in and shoved him out of the way...” — Allison Gill (60:02)

Timestamps for Key Segments

• Grand Jury Manipulation & Brennan Letter: 00:15–16:38
• Judge Cannon’s Volume 2 Report Ruling: 16:39–27:49
• Epstein Files Rollout (Disaster): 28:10–47:22
• Declination Letters & Transparency: 47:22–52:01
• Supreme Court on National Guard Power: 52:10–56:53
• Zaid Security Clearance Ruling: 56:24–58:59
• White House DOJ Comms Takeover: 59:01–61:30
• Listener Q: Trump Ballroom Security: 61:50–65:30

Tone & Style

The hosts present with characteristic sharp humor, clear frustration at institutional decline, and legal precision. Allison Gill often interjects with wit and realpolitik, while McCabe provides insider analysis and measured concern.

Conclusion

This episode provides a deep dive into the corrosion of legal norms under Trump’s DOJ, flagrant judge and forum shopping, continued fallout from the Epstein case, and judicial pushback against executive overreach. Throughout, the hosts remind listeners: without transparency and robust congressional oversight, threats to democratic accountability—and justice—mount.