Podcast Title: UnJustified
Host/Author: MSW Media
Episode: In Re Flynn
Release Date: February 23, 2025

Introduction

In this episode of UnJustified, hosts Alison Gill and Andrew McCabe delve into the escalating tensions within the Department of Justice (DoJ) under the Trump administration. The focus centers on significant legal maneuvers, high-profile cases, and the resultant erosion of civil liberties and the rule of law.

1. The Eric Adams Case

At the outset, Andy McCabe reports a pivotal development in the Eric Adams bribery and fraud case:

Andy McCabe [00:06]: "Emile Beauvais has filed his Rule 48, a motion to dismiss the bribery and fraud charges against New York Mayor Eric Adams."

Alison Gill adds context, noting that the hearing involved Eric Adams, his attorneys Alex Sparrow and William Burke, and Emile Bovet, the Acting Deputy Attorney General. McCabe draws parallels to the Mike Flynn case, highlighting a pattern of judicial maneuvers designed to impede legal accountability.

2. Resignations within the Department of Justice

The episode addresses the resignation of Denise Chung, the chief of the Criminal Division at the U.S. attorney's office in D.C., under duress:

Andy McCabe [02:57]: "She [Denise Chung] was asked to launch a formal criminal investigation into an Environmental Protection Agency funding initiative pursued under the Biden administration, a request that Chung believed lacked the proper predication to initiate a grand jury investigation."

Chung's resignation letter emphasized adherence to the Constitution and maintaining justice without prejudice:

Denise Chung [03:15]: "Please continue to support one another, to fulfill your commitment to pursuing justice without fear or prejudice, and to be kind to and take care of yourselves."

3. Operation Whirlwind

Ed Martin, the interim U.S. Attorney, initiated Operation Whirlwind, targeting Trump’s political adversaries, specifically Democrats:

Andy McCabe [07:36]: "So far, it's just Democrats."

This operation signifies a strategic move by the DoJ to investigate and potentially prosecute political enemies under the guise of maintaining national security and public safety.

4. Legal Framework and Ethical Standards

The discussion shifts to the legal principles guiding such prosecutions. Andrew McCabe references his book, The Threat, explaining predication necessary to initiate a federal grand jury investigation:

Andrew McCabe [05:02]: "Predication is what we mean when we say what facts do we have to justify opening a case?"

The hosts explore the ethical dilemmas faced by DoJ officials when confronted with orders that may conflict with constitutional principles, emphasizing the importance of maintaining integrity within legal proceedings.

5. Court Hearing Analysis

Drawing from coverage by Anna Bauer at Lawfare, the hosts recount the February 19 hearing in Judge Dale E. Ho's Courtroom 318 regarding the motion to dismiss charges against Mayor Adams:

Alison Gill [28:13]: "In a packed gallery, spectators turn to watch as the defendant, Mayor Eric Adams, enters the courtroom and nonchalantly strolls down the center of the aisle..."

The hearing highlighted the unilateral stance of Emile Beauvais at the prosecution table, underscoring the DoJ’s assertive approach in handling the case.

6. Appointment of Amicus Curiae

A significant development was the appointment of Paul Clement as an amicus curiae to provide an adversarial perspective:

Andy McCabe [54:19]: "Paul Clement probably has more credibility with the conservative wing of the Supreme Court than any other litigator alive."

This move aims to ensure a balanced deliberation process, drawing from Clement's extensive legal expertise and conservative credentials.

7. Future Legal Proceedings

Judge Ho's subsequent order on February 21 adjourned the trial indefinitely, citing the need for careful deliberation:

Alison Gill [52:08]: "He announced that he'll take the matter under advisement and rule in due course."

Oral arguments are scheduled for March 14, where Paul Clement and other legal experts will further dissect the motion to dismiss.

8. Other DOJ Initiatives

The episode also covers Operation Whirlwind’s recent actions, including prosecutions of Democratic figures like Representative Robert Garcia and Senate Minority Leader Chuck Schumer for alleged threats.

Alison Gill [60:24]: "They have the DOJ doing it for them."

These actions reflect the DoJ's intensified efforts to clamp down on perceived political threats under the pretext of national security.

9. Impact on US Government Agencies

Listener Mark raises concerns about the mass resignations and layoffs leading to a loss of expertise within vital government agencies such as the FBI, DOJ, and CIA:

Andy McCabe [67:06]: "We are steering the country into a place that is less safe."

The hosts discuss potential areas where operational capabilities might wane, emphasizing the long-term dangers of such systemic attrition on public safety and national security.

10. Listener Questions and Discussions

Brad questions whether resignations merely open slots for more loyalist cronies within the DoJ:

Andy McCabe [64:53]: "It's a semantics thing. You could say that they're fired."

Mark inquires about the practical impacts of expertise loss in government sectors, to which the hosts emphasize the immediate and long-term risks posed by diminished operational capacities.

Conclusion

Alison and Andrew conclude by reflecting on the broader implications of the episode's discussions, urging listeners to stay informed and vigilant about the ongoing erosion of legal and ethical standards within the federal government under the Trump administration. They hint at future episodes that will continue to unpack these significant developments, encouraging audience engagement and emphasizing the importance of resilience in advocating for the rule of law.

Notable Quotes

• Denise Chung [03:15]: "Please continue to support one another, to fulfill your commitment to pursuing justice without fear or prejudice, and to be kind to and take care of yourselves."

• Andrew McCabe [05:02]: "Predication is what we mean when we say what facts do we have to justify opening a case?"

• Andy McCabe [07:36]: "So far, it's just Democrats."

• Andy McCabe [15:11]: "Resigning is saying, 'I'm out. I'm not going to be a part of this illegitimate thing.'"

• Andy McCabe [36:27]: "He is insisting these proceedings hinder his ability to communicate with federal authorities."

• Andy McCabe [56:16]: "They just want to hold on to that one last card in case Adams gives us any trouble in some way."

This episode of UnJustified provides an incisive analysis of the strategic legal maneuvers within the DoJ, spotlighting the precarious balance between political influence and the maintenance of constitutional integrity. Through detailed discussions and expert insights, Gill and McCabe illuminate the challenges facing the American justice system in an era of heightened political tensions and legal uncertainties.