UnJustified: “McCabe Subpoenaed” (Nov 16, 2025)

Host: Allison Gill (MSW Media)
Guest/Co-Host: Andrew McCabe, Former Deputy Director of the FBI

Episode Overview

This episode centers on unprecedented legal maneuvers and assaults on civil liberties unfolding under the Trump-aligned Department of Justice. The big headlines: Andrew McCabe himself has been subpoenaed as part of a renewed probe into the 2016 Russia investigation; the legality of key Trump-appointed prosecutors is under serious judicial scrutiny; sweeping, if largely symbolic, pardons have been issued for Trump allies implicated in election interference; and Congress is sneaking in new privileges for Senators to sue the government if their phone records are subpoenaed. The hosts dissect the chilling implications for the rule of law and democratic norms, drawing on exclusive scoops and inside knowledge.

Key Discussion Points & Insights

1. McCabe Subpoenaed in Renewed Russia Probe

• [00:41-03:09]

  • The Department of Justice under Trump is running a new investigation—now in the Southern District of Florida—into the 2016 Russian intelligence assessment.
  • Andy McCabe received a subpoena, joining a host of other intelligence officials (James Clapper, Pete Strzok, Lisa Page, John Brennan, etc.).
  • McCabe will not comment on the substance of the subpoena per legal advice:

    “If you see me in the grocery store, don’t ask me about this one...” —Andy McCabe [02:16]

• [03:09-09:30]

  • Allison Gill reads details from New York Times reporting, exposing right wing narratives tying Mar-a-Lago search to supposed “deep state” conspiracies, and highlights the lack of evidence behind these conspiracy theories.
  • The subpoenas themselves do not specify any crimes/statutes under investigation—an unusual and troubling omission.
  • Previous investigations (IG, Durham) found no criminal misconduct; the statute of limitations appears expired, prompting conspiracy theorists to reach for far-fetched "extensions."
  • Burn bag documents from the FBI are being bizarrely cited by Trump supporters as proof of a coverup in the Russia case.

• Quote:

  “This group of people… they just won’t let it go. It’s like one of their favorite things ever. It’s evergreen for some people.” —Andy McCabe [01:38]

• [09:30-11:42]

  • Allison Gill notes she broke the news of McCabe’s subpoena before mainstream media and expects to be under-credited.
  • Discussion of possible appeals process for McCabe and the irony that discovery could let him access John Durham’s grand jury materials.

2. Legal Chaos in the Comey and Letitia James Cases

• [13:49-20:51]

  • Federal Judge Cameron Curie, skeptical of Trump-appointee Lindsey Halligan’s legal standing, is reviewing whether Halligan was lawfully appointed.

  • Major irregularities:

    • Part of the grand jury transcripts are missing—no court reporter in the room during key minutes when the indictment was returned.
    • Halligan, inexperienced, was alone presenting to the grand jury during crucial moments.
    • Repeated “dog ate my homework” excuses from DOJ for failing to produce required grand jury records.
    • Judge Curie finds it impossible to verify if the Attorney General retroactively approving Halligan's actions actually reviewed all facts, given the absence of transcript.

  • Memorable Quote:

    “It’s not a podcast, for gosh sakes. It’s the grand jury. You can’t just stop recording and fix the cough or the sneeze. You gotta keep going.” —Andy McCabe [21:07]

  • Defense argues that without these records, there can be no presumption of regularity, undermining the legitimacy of indictments.

3. Appointing Prosecutors and Implications for DOJ Authority

• [22:49-24:37]

  • DOJ attorney Henry Whitaker frames Halligan’s appointment problems as "paperwork errors," relying on AG Pam Bondi's retroactive approval.
  • Judge Curie challenges whether Bondi could honestly review missing grand jury proceedings.
  • This retroactive empowerment of prosecutors draws disturbing hypotheticals—could private citizens now indict adversaries, then seek retroactive DOJ approval?

• Jack Smith Appointment Parallels:

  • Government’s attempt to distinguish Halligan’s case from Jack Smith’s fast-tracks a broader debate about the legitimacy of special prosecutors under AG authority—a precedent with massive consequences (Jack Smith was appointed under the same statutes now being debated).

4. Prosecution Arguments and Defense Responses in Comey Case

• [24:39-27:08]
  • DOJ’s case hinges on communications between Comey and Dan Richmond (who had left the FBI)—a questionable foundation.
  • DOJ tries to import debunked Russian intelligence (“the Clinton plan”) to buttress charges—rejected in prior proceedings.
  • DOJ opposes requests for bill of particulars or grand jury disclosure, refusing to clarify specifics of their charges.
  • Notable legal disconnects and procedural ironies emerge—leading Andy McCabe to remark:

    “How in the world do you argue against that? … The indictment was the vaguest thing I’ve ever seen on its face, had no facts in it, and they’re going to stand there… and say we don’t have to give them any facts?” [26:51]

5. Pardons for 2020 False Electors: A Symbolic But Troubling Move

• [28:10-31:23]
  • Ed Martin (Trump’s “whackadag paw”) announced pardons via Twitter for everyone accused in the 2020 false elector scheme—including Rudy Giuliani, Sidney Powell, John Eastman, Mark Meadows, etc.
  • Critical Context:
    • These pardons are legally meaningless as no one’s been federally convicted, and they do not touch state charges.
    • Gill and McCabe view the pardons as a signal: “If you break the law to help him steal an election, he’ll pardon you.”
  • Late-breaking: Nevada’s Supreme Court revives state charges against fake electors.

6. Congressional Self-Dealing: Special Rights for Senators

• [32:44-38:59]
  • Congressional spending bill includes a secretive provision: any senator whose data is subpoenaed without notice can sue the government for $500,000 per incident.
  • This privilege would retroactively benefit eight GOP senators whose phone records were swept by Jack Smith (Lindsey Graham, Marsha Blackburn, Josh Hawley, etc.).
  • This right does not exist for regular citizens and would strip traditional legal immunity protections from the government.
  • Senator Ron Wyden (D-OR) calls out the hypocrisy:

    “[It’s] an unacceptable giveaway of your tax dollars to Republican senators.” [38:59]

  • McCabe’s take:

    “Once again, our ruling class is walking away with creating for themselves another… legal right and a way to use your money to pay them in a way that you could not ever do as a citizen of this country.” [34:25]

7. Kash Patel’s Outlandish Tenure as FBI Director

• [40:20-51:30]
  • WSJ reporting reveals new details:
    • Patel fired dozens of agents for insufficient loyalty, wore hoodies and hunting vests, and used FBI private jets for personal trips (e.g., to see his girlfriend sing at wrestling events).
    • McCabe provides background: Directors are required by law to fly government planes for security, but past directors minimized personal use and reimbursed for commercial fare.
    • Patel “has taken only about a dozen personal trips” per Bureau statement—flight logs contest this, putting the number closer to 20.
    • Firings targeted agents involved in investigations disfavored by Trump, including those related to 2020 election interference and BLM protests.
  • McCabe delivers biting commentary:

    “I think you need to pay a reasonable amount for the travel that you’re doing. But apparently he’s doing absolutely nothing.” [43:14]

8. Capstone: Epstein Files, Political Classification, and Listener Q&A

• [53:08-58:27]
  • Trump moves to open a new Epstein/Ghislaine Maxwell investigation—likely a tactic to block public release of the Epstein files, having just recently closed the same type of probe.
  • Listener Q: “Can Trump classify Epstein files to block release after a discharge petition?”
    • McCabe: Yes, presidents can technically classify almost anything but it’s a deeply political act that would be seen for what it is.
    • Allison Gill: “Now he has an excuse to veto it… he can say there’s an ongoing investigation.” [57:18]
  • Correction segment: Not all classified information is national defense information (key nuance for Espionage Act cases).
    • McCabe: “It’s hard sometimes, in the abstract sense, to imagine a document that’s been classified but is not related to the national defense… but [the listener is] right.” [60:32]

Notable Quotes & Moments

• On the surreal recurrence of investigation:

  “It’s like 2016 all over again… They just won’t let it go. It’s Evergreen for some people.” —Andy McCabe [01:38]

• On missing grand jury records:

  “This is the classic blame the dog… ‘my dog ate the homework’ sort of thing.” —Andy McCabe [17:27]

• On DOJ’s case against Comey:

  “How in the world do you argue against that? … The indictment was the vaguest thing I’ve ever seen on its face, had no facts in it, and they’re going to stand there… and say we don’t have to give them any facts?” —Andy McCabe [26:51]

• Calling out Congressional privilege:

  “Once again, our ruling class is walking away with creating for themselves another… legal right and a way to use your money to pay them in a way that you could not ever do as a citizen of this country.” —Andy McCabe [34:25]

• On Kash Patel’s stewardship:

  “Nine plus seven is 12. New FBI math…” —Allison Gill & Andy McCabe [46:16]

• Listener question on document classification:

  “Would the Epstein files qualify for some sort of classification designation if a normal original classification authority was doing it? No… The President has wide latitude.” —Andy McCabe [54:23]

Timestamps for Key Segments

• [00:41] – McCabe subpoenaed, Russia probe revived
• [03:09] – NYT reporting, no evidence for “deep state” conspiracies
• [13:49] – Judge Curie examines Halligan appointment, missing grand jury transcripts
• [22:49] – DOJ retroactively ratifies appointment, Judge Curie skeptical
• [28:10] – Trump “pardons” fake electors
• [32:44] – Senators get special rights to sue government over legal subpoenas
• [40:20] – Kash Patel’s firing spree and abuse of FBI travel
• [53:08] – Epstein files as political leverage, listener questions
• [58:27] – Correction: Classified info ≠ always national defense information

Tone & Language

• Conversational, irreverent, but deeply informed; plenty of gallows humor and incredulity at legal absurdities.
• The hosts maintain a critical, at times biting tone about the current state of DOJ, offering expert context and inside perspective.
• Frequent banter and self-aware asides, especially as they see the dangers and ironies inherent in these legal proceedings.

Summary Takeaway

This episode underscores a period of aggressive politicization of the Justice Department, where the rule of law is bent to serve Trump’s narratives and allies. Through inside scoops, meticulous legal unpicking, and darkly comic commentary, Gill and McCabe chart the corrosion of institutional norms: dubious prosecutions, retroactive authority, performative pardons, and special privileges for the ruling class—each warning of deepening threats to American democracy.