UnJustified – Episode 37: "Performative Prosecution"

Podcast: UnJustified
Hosts: Allison Gill & Andrew McCabe
Date: October 5, 2025

Overview

In this episode, Allison Gill and former FBI Deputy Director Andrew McCabe dissect the continued weaponization of the Department of Justice (DOJ) under Trump’s administration. The focus is on “performative prosecution”—legal actions driven more by political performance and revenge than substantive justice. The hosts cover recent DOJ actions including high-profile indictments, questionable personnel changes, and procedural manipulation targeting Trump’s perceived enemies. They highlight concerning trends in the erosion of civil liberties, the decline in DOJ credibility, and the increasingly performative nature of federal law enforcement.

Key Discussion Points & Insights

1. Weaponization of the DOJ: Indictment of Jim Comey and Halligan’s Appointment

• Indictment Issues & Court Transcript Drama (02:01–04:02)

  • Newly surfaced court transcripts show confusion over contradictory indictments against Jim Comey, with only acting U.S. Attorney Lindsey Halligan’s signature present.
  • The procedural snafu may render the Comey indictment invalid.
  • Quote:
    “So this has never happened before. ... I’m a little confused... handed two things with the same case number that are inconsistent.”
    — Magistrate Judge quoting the transcript (02:41)

• Legality of Halligan’s Appointment (04:13–08:21)

  • Ed Whelan’s analysis (National Review) is cited to explain the difference between "acting" and "interim" U.S. attorneys and the legal limits of reappointment.
  • Lindsey Halligan’s authority to sign indictments is in serious legal doubt; expired statute of limitations could make the Comey case unsalvageable.
  • Alina Haba and Sigal Chatta also had their appointments ruled invalid.
  • Quote:
    “If it’s found that she doesn’t have the authority to sign it... the DOJ would have to go back to the grand jury and get another true bill, which they cannot do because the statute of limitations expired at midnight last Tuesday.”
    — Allison Gill (07:11)

• Culture of Disqualification and Vindictive Prosecution (08:21–11:44)

  • Judges are starting to recognize—and act on—signs of vindictive and selective prosecution.
  • Prosecutorial motions to dismiss "stacked up like cars on a highway" against the Comey indictment.
  • Quote:
    “Those motions are stacked up like cars on a highway at rush hour. ... Everybody’s fighting to get to the, in front of the judge first.”
    — Andrew McCabe (08:36)

2. The Targeting of Political Opponents: Fani Willis, John Bolton, and More

• Subpoena of Fani Willis & Political Retaliation (11:54–14:08)

  • DOJ issues subpoena for Georgia DA Fani Willis; unclear motives, but context points toward intimidation and retribution.
  • Trump’s rhetoric on “serious consequences” for his prosecutors cited as evidence of personal vengeance.
  • Quote:
    “I don’t think winning in court is the goal here... I think it’s just to put people in the position of having to defend themselves and pay money... get the immediate first impression, red meat stuff out to his base...”
    — Allison Gill (13:26)

• Weaponization in Georgia Election Case (14:08–16:50)

  • The collapse of the Georgia RICO case against Trump and his allies due to prosecutorial disqualification; case likely dead, but not without consequences for some lawyers involved.

• John Bolton Investigation Redux (16:50–22:10)

  • Federal agents search John Bolton’s office, seize classified documents. Politically reminiscent of earlier book-related litigation and possible after-the-fact reclassification—seen as performative, not substantive justice.
  • Quote:
    “I have to say though, I’m a little bit surprised, if this reporting is accurate... that Bolton—if this reporting is accurate... they found documents marked classified in his office. I mean, that is not a good thing.”
    — Andrew McCabe (20:54)

3. Ongoing Purge of Career DOJ Officials

• Firing of Michelle Beckwith—A Chilling Effect (22:28–25:08)

  • After warning a Border Patrol chief to obey a federal court order, Beckwith is fired within six hours. Seen as clear retaliation for following the law rather than political directives.
  • Quote:
    “...her career crumbled in July, she said, after she issued a warning... The dismissal... appeared to be an early example of how Mr. Trump has fired top federal prosecutors who aren’t helping him carry out his political agenda.”
    — Allison Gill (22:28)

• Letter from Fired National Security Prosecutor Michael Ben Ary (25:37–27:44)

  • After firing, Ben Ary posts a letter accusing DOJ leadership of focusing more on Trump’s enemies than on national security threats.
  • Quote:
    “...political leadership of the Department have violated these principles, jeopardizing our national security, and making American citizens less safe.”
    — Michael Ben Ary (26:15)

4. January 6th Disinformation and Blame-shifting

• Trump’s False Claims about FBI on Jan 6 (27:44–32:36)
  • Trump (again) accuses the FBI of “fomenting” Capitol violence. IG Michael Horowitz’s findings debunk the claims—no undercover agents inciting violence, only confidential sources.
  • Hosts explain the reality of confidential sources and implications for ongoing right-wing conspiracy theories.
  • Quote:
    “There’s nothing—it’s not suspicious or weird or creepy that these 26 people are out there. It’s actually a good sign that the FBI has a lot of sources of information in this particular population...”
    — Andrew McCabe (30:54)

5. Pam Bondi’s Performative Crackdowns

• Memo Ordering Crackdown Against ‘Extremism’ (33:38–36:30)

  • AG Pam Bondi issues memos to federal agencies urging more aggressive prosecution of threats to law enforcement and protection of ICE facilities.
  • Most measures are redundant; existing laws already cover such conduct. Hosts note the political theater.
  • Quote:
    “This whole Pam Bondi memo is just, you know, you and I talked about it. ... We’re going to charge any and all murderers with murder. ... It’s just the most ridiculous thing.”
    — Allison Gill (41:53)

• Judge Sugnanan’s Ruling on Federal Case Abuse (36:30–40:22)

  • Opinion condemns “unprecedented prosecutorial action” and attempts to harass defendants by shifting cases between courts to secure convictions against anti-DOJ demonstrators.
  • Quote:
    “...the government may attempt to prosecute Mr. Bedelman in Superior Court. It cannot do so while keeping its foot in the federal courthouse door.”
    — Judge Sparkle Sugnanan (39:34)

6. Transparency Battles: Jack Smith Report Suppression

• American Oversight Lawsuit over Jack Smith Report (43:41–46:27)
  • Watchdog group sues for release of Special Counsel Smith’s report on Trump’s own classified document mishandling, which Judge Eileen Cannon has gagged since January.
  • DOJ leans on Cannon’s order to block disclosure under FOIA, even a year after related criminal appeals ended.
  • Quote:
    “The public has a right to know what Special Counsel Smith found. And the Justice Department cannot continue to withhold a key report that should have been released nearly a year ago...”
    — Chioma Chukwu, American Oversight (44:03)

Notable Quotes & Moments

• On Halligan’s Appointment:

  “She’s the low key U.S. attorney... she fumbled the indictment pretty poorly... now the whole thing seems to be a pretty rickety house.”
  — Andrew McCabe (08:51)

• On Broader DOJ Erosion:

  “We’ve been talking a lot... about the loss of the presumption of regularity... I think it’s possible [judges] just don’t believe that anymore.”
  — Andrew McCabe (11:04)

• On Administrations’ “Revenge Tour”:

  “It’s not prosecution, it’s performance.”
  — Andrew McCabe (42:19)

Timestamps for Key Segments

• Intro & Theme: 00:00–01:09
• Comey Indictment & Halligan Appointment: 01:25–08:21
• Vindictive Prosecution Motion & DOJ Dysfunction: 08:21–11:44
• Fani Willis Subpoena & Trump’s Retaliation: 11:54–14:08
• Fallout in Georgia & Quick Case Updates: 14:08–16:50
• John Bolton Search Warrant: 16:50–22:10
• DOJ Purges & Beckwith’s Firing: 22:28–25:08
• Michael Ben Ary’s Letter: 25:37–27:44
• Trump’s Jan 6 Blame-shifting: 27:44–32:36
• Pam Bondi’s Crackdown Memo: 33:38–36:30
• Judge Sugnanan’s Rebuke: 36:30–40:22
• Smith Report Lawsuit: 43:41–46:27
• Listener Questions: 46:31–58:52

Listener Questions – Highlights

• Comey Indictment Clarifications: Andy debunks rumors about his own involvement, television coverage, and Comey’s legal exposure (47:55–50:59).
• Tom Homan’s Bribe: On whether he owes taxes or must repay the government bribe (51:48–57:17).
• On FBI Undercover Training: Andy details the rigorous process, highlighting the “undercover school” and advanced tradecraft (53:04–55:39).

Tone and Takeaway

The tone remains sharp, skeptical, and often darkly humorous as the hosts confront the normalization of DOJ dysfunction, performative prosecutions, and systemic retribution against Trump’s adversaries. They weave legal detail, procedural history, and first-hand government experience into their critique, anchoring each topic in factual reporting and direct analysis. Listeners are left with a nuanced understanding of how the legal machinery has been subverted for personal and political aims, and what’s at stake for the rule of law.

For new listeners:
This episode is a deep dive into the ways in which Trump’s DOJ has blurred or erased the boundaries between justice and vengeance, and how the machinery of prosecution now serves more to perform for an audience (and to punish enemies) than to uphold the law.