UnJustified – Episode 61: HITMEINTHEHEADWITHABAT
Date: March 22, 2026
Hosts: Allison Gill (MSW Media, Mueller, She Wrote), Andrew McCabe (Former Deputy Director, FBI)
Episode Overview
This episode of UnJustified dives into the latest examples of the erosion of civil liberties and the rule of law in Trump’s Department of Justice, spotlighting the compromised function and politicization of federal law enforcement under the current administration. Allison Gill and Andrew McCabe break down a series of troubling DOJ stories from bungled prosecutions and politicized grand jury practices to the collapse of leadership and basic standards inside US Attorneys’ offices. The episode also highlights memorable moments from federal courtrooms, the lowering of hiring standards at DOJ, continued grand jury misadventures, and direct listener questions about DOJ dysfunction, government self-dealing, and persistent Russia probe myths.
Key Discussion Points & Insights
1. Opening Headlines and Context
- Recent federal court orders and DOJ actions are introduced, setting the tone for an episode focused on the DOJ's politicization and incompetence.
- Judge Boasberg’s New Rule: Requires notification to the judiciary if a grand jury rejects DOJ attempts to indict, prompted by failed efforts to charge sitting members of Congress over a social media video (06:15).
2. Kash Patel’s Worldwide Threats Hearing Flop
- Kash Patel comes under fire for his lack of preparation and dismissive approach in answering basic questions about the firing of a dozen Iran experts.
- Quote: “He was pressed on it and he said, I don't know. I Don't really know who they are or something to that effect.” – Andy McCabe (02:16)
- Patel mocked reports of voter fraud using inaccurate, dismissive comments.
- Quote: "Kash Patel was like, sounds low. You know, like just, dude, did you do anything to prepare for this hearing?" – Allison Gill (02:55)
- McCabe highlights Patel’s priorities: custom Punisher sneakers and UFC fighter training instead of congressional prep.
3. Grand Jury Failures & Judge Boasberg's Intervention
- New Federal Rule: Judge James Boasberg orders judiciary notification when grand juries reject indictments.
- “This court finds that notification should be provided… whenever a grand jury fails to concur in an indictment, regardless of whether the defendant has already been charged.” – Allison Gill quoting Boasberg (05:11)
- DOJ failed to indict six Democrats accused of "seditious behavior" by Trump; none of the accused spoke to the FBI, citing constitutional protections under the Speech or Debate Clause (07:55).
- “They have that and probably many other defenses if this thing ever gets off the ground. And so why would you waste your time engaging with the folks that are trying to build this ridiculous case against you?” – Andy McCabe (08:05)
- Judge Boasberg also quashes subpoenas against Federal Reserve Chair Jerome Powell, calling them harassment (09:03), and rebuffs DOJ appeals that would slow Fed nominations.
- “There is abundant evidence that the subpoena's dominant, if not sole, purpose is to harass and pressure Jerome Powell…” – Allison Gill quoting Boasberg (09:03)
- U.S. Attorney Jeanine Pirro demonstrates misunderstanding of grand jury procedures, suggesting she can take any suspicion before a grand jury—completely false per federal rules (11:11).
- “It's against the rules of federal grand jury. You can't use a federal grand jury for a fishing expedition or just to placate your curiosity…” – Allison Gill (11:39)
4. Historical Context – Grand Juries and ‘No True Bill’
- Gill reads an excerpt on the origin of "no true bill," linking DOJ failures to 17th-century English judicial precedent (13:13).
- “She's more historical than I thought. And I love this quote because it kind of explains the origin behind the phrase no true bill.” – Andy McCabe (13:51)
5. Manipulation of Grand Jury Venues
- DOJ shifting venue shopping for grand jury decisions, ending up with Judge Eileen Cannon in Florida to secure more favorable outcomes for politically motivated cases, notably against ex-CIA Chief John Brennan (15:45).
- “That’s why they started in... ended up down in Florida in Miami, and then moved it to Judge Cannon's courtroom so that she would be the one to make grand jury decisions.” – Allison Gill (15:45)
6. Federal Bench Pushback and Public Humiliation
- Recounting a New Jersey federal judge (Qurashi) ejecting a DOJ lawyer for improper courtroom conduct and order violations, reflecting widespread loss of trust in the DOJ (22:41).
- “You have lost the confidence and trust of this court. You have lost the confidence and the trust of the New Jersey legal community, and you are losing the trust and confidence of the public.” – Judge Qureshi, relayed by Andy McCabe (28:48)
- Ongoing fight over illegal leadership structures in the New Jersey DOJ, risking overturning of convictions due to legally invalid appointments (24:20, 25:54, 33:09).
- “This is not a well led place right now. You know, put the political part of it aside. It's a department in chaos…” – Andy McCabe (45:04)
7. Collapse in DOJ Standards and Staffing
- DOJ waives its longstanding requirement that new federal prosecutors have at least one year of law practice experience, now hiring straight from law school in some districts (38:54).
- “‘DOJ used to have a policy that required that you had one uno year experience practicing law [...] And they have now waived that requirement as U.S. attorneys offices struggle to find qualified replacements following mass departures.’” – Andy McCabe (38:54)
- DOJ increasingly depends on “emergency jump teams” and military lawyers to fill vacancies, and faces a dramatic drop in applications for previously coveted positions (43:44).
- Deterioration in case quality and public trust is highlighted with multiple examples.
8. Lightning Round: DOJ Politicization
- Pam Bondi and Epstein Files: Bondi attempts to dodge a House subpoena; Democrats walk out in protest after she tries to claim a briefing satisfies her subpoena requirement (48:23).
- Southern Florida “Grand Conspiracy” Probe: Former FBI Director Jim Comey subpoenaed for new investigations into Trump-Russia origins, now in Judge Cannon’s court (50:33).
- Fired FBI Agents Lawsuit: Agents claim they were terminated for “political disloyalty” over work on election interference. Lawsuit implicates DOJ and Sen. Chuck Grassley in political retaliation (51:52).
- “...worked in coordination with Patel and Trump to target and disparage FBI personnel involved with Arctic Frost.” – Allison Gill (52:47)
9. Listener Questions and Persistent Myths
- Listener asks if Kash Patel can be held liable for firing Iran experts; hosts clarify: no, questionable leadership isn't individually prosecutable unless laws are broken (57:35).
- Another question asks if the Trump family’s war profiteering is illegal; answer: legality depends on specifics, but self-dealing and lost public trust are the bigger, pervasive issues (58:18).
- Debunking the Steele Dossier Myth:
- Andy McCabe meticulously explains the true predicate for opening the Trump-Russia investigation (Crossfire Hurricane), centering on accounts from allied diplomats and Russian interference—not the Steele dossier (63:07–67:25).
- “We opened Crossfire on that predication…We didn't even have the dossier when we opened the case.” – Andy McCabe (63:07)
- “No dossier used at all in the opening of Crossfire Hurricane. I hope that answers your question.” – Allison Gill (70:34)
- Andy McCabe meticulously explains the true predicate for opening the Trump-Russia investigation (Crossfire Hurricane), centering on accounts from allied diplomats and Russian interference—not the Steele dossier (63:07–67:25).
Notable Quotes & Memorable Moments
- "Kash is always a worldwide threat, at least in my world." – Andy McCabe (02:16)
- “I'd be indicting everybody if it weren't for that pesky constitution.” – Allison Gill (13:05)
- “You have lost the confidence and trust of this court. You have lost the confidence and trust of the New Jersey legal community, and you are losing the trust and confidence of the public.” – Judge Qureshi, via McCabe (28:48)
- “It’s a department in chaos and that is not a good sign for the home team, meaning all of us.” – Andy McCabe (45:04)
- “You can't use a federal grand jury for a fishing expedition or just to placate your curiosity about whether or not crimes have been committed. It's not how it works.” – Allison Gill (11:39)
- “Put the political part of it aside. It's a department in chaos and that is not a good sign for the home team, meaning all of us. All of us who depend on DOJ to do their job well...” – Andy McCabe (45:04)
- “No dossier used at all in the opening of Crossfire Hurricane.” – Allison Gill (70:34)
Timestamps for Key Segments
- Kash Patel’s Worldwide Threats Hearing & firing Iran experts: 02:10–04:25
- Grand jury failures, Judge Boasberg’s rule: 05:11–13:51
- Boasberg blocks Powell subpoena, Pirro press conference: 09:03–11:39
- Grand jury shopping and Judge Cannon: 15:45–16:53
- NJ judge ejects DOJ lawyer, illegal leadership: 22:41–29:21
- Collapse of DOJ hiring standards: 38:54–46:23
- Lightning Round: Pam Bondi, Jim Comey, ex-FBI lawsuits: 48:23–52:47
- Listener Q&A: Kash Patel, Trump family profiteering, Crossfire Hurricane myth: 57:35–70:34
Tone & Language
The episode maintains an urgent, acerbic but well-informed tone, laced with incredulity, dark humor, and a sense of deep alarm at institutional breakdown. Both hosts bring a blend of inside-baseball candor and passionate critique—especially regarding the DOJ’s failings and the threat these pose to democracy.
Summary
Episode 61 of UnJustified offers a sweeping, sometimes jaw-dropping tour of DOJ decay—from courts and grand juries actively blocking the administration’s politicized maneuvers, to the collapse of basic competence and the draining of public trust. The unvarnished commentary from Gill and McCabe, their real-time reactions to live courtroom spats, and reliable mythbusting on topics like the Steele dossier provide listeners with both a detailed diagnosis and a sense of urgency about the road ahead for American institutions.