Podcast Summary: UnJustified – Episode "Saint Driscoll"

Release Date: February 9, 2025
Host: Alison Gill and Andy McCabe
Produced by: MSW Media

Introduction

In the February 9, 2025 episode of UnJustified, hosts Alison Gill and Andy McCabe delve into critical developments within the Department of Justice (DoJ) under the Trump administration. The episode, titled "Saint Driscoll," highlights significant legal battles, controversial appointments, and policy shifts that signal an erosion of civil liberties and the rule of law.

Emergence of Acting FBI Director Brian Driscoll

The episode opens with the unexpected rise of Brian Driscoll to the role of Acting FBI Director. Originally serving as the SAC (Special Agent in Charge) of the Counterterrorism Division in Newark, Driscoll was inadvertently promoted due to a clerical error by the Trump administration [00:48]. This accidental appointment placed Driscoll in direct conflict with the administration's attempts to exert control over the FBI.

Alison Gill [02:32]:
"Trump messed him up on the website and put a guy named Kassane, who was supposed to be the director, as the deputy director and put Driscoll as the director."

Driscoll's leadership has been marked by resistance against the administration's demands, particularly concerning the compilation and release of FBI agents involved in January 6th cases. When DoJ leadership requested a comprehensive list of such agents, Driscoll initially provided only unique employee identifiers instead of names [04:48].

Andy McCabe [05:56]:
"We are extremely sensitive to protecting the personal safety and security of our personnel. Therefore, the data we provided identified employees only by unique employee identifier..."

Driscoll's strategic withholding of identifiable information was seen as a move to protect FBI agents from potential retaliation, a stance both Gill and McCabe commend.

Andy McCabe [11:08]:
"I absolutely, totally approve and applaud what Brian Driscoll did here. Mad respect for this guy."

Legal Challenges Against DoJ's Requests

The episode examines lawsuits filed by FBI agents against the DoJ to prevent the release of their involvement in sensitive cases. Two primary lawsuits are discussed:

1. First Lawsuit: Filed anonymously by two FBI agents, highlighting fears of public identification leading to threats and harassment. The lawsuit references calls by Proud Boys leader Enrique Tarrio to punish an agent involved in his prosecution [29:11].

2. Second Lawsuit: Filed by the Center for Employment Justice, it includes evidence of DoJ's intent to use surveyed data to identify agents. Plaintiffs argue potential retaliatory actions such as demotions and denials of promotions [29:47].

Alison Gill [28:45]:
"They say two sets of FBI agents... have filed lawsuits to block Justice Department leadership from assembling lists of agents that they say will be used as part of a retaliation campaign."

The hosts discuss how these lawsuits represent a pushback from within the FBI against perceived overreach by the DoJ, with pending court orders aiming to secure injunctions against the dissemination of agent identities [30:22].

Attorney General Pam Bondi's Policy Overhaul

A significant portion of the episode focuses on Attorney General Pam Bondi's series of memos issued shortly after her confirmation. These memos outline a radical shift in DoJ priorities, emphasizing the "weaponization" of prosecutorial power and the dismantling of certain internal programs.

Key Policy Changes Include:

1. Return to In-Person Work: Bondi mandates all DoJ employees to return to full-time office work by February 24, 2025, a move interpreted as undermining remote work structures established during prior administrations [39:31].

2. Restoring Integrity and Credibility: Bondi accuses the previous administration of "weaponization of prosecutorial power" aimed at political objectives, thereby justifying internal reviews and accountability measures [40:08].

   Alison Gill [40:08]:
   "The prior administration and allies throughout the country engaged in an unprecedented Third World weaponization of prosecutorial power to upend the democratic process."

3. Disbanding the Foreign Influence Task Force: The memo shifts focus from criminal prosecution to civil enforcement regarding foreign influence, limiting the DoJ's capacity to pursue espionage-related cases aggressively [57:34].

4. Eliminating DEI Programs: Bondi orders the termination of all Diversity, Equity, and Inclusion (DEI) programs, reflecting a broader agenda to eliminate what she deems "illegal discrimination and preferences" [50:38].

5. Reinstating the Death Penalty: A controversial memo reintroduces the death penalty for cases previously commuted by former President Biden, a move seen as retaliatory and lacking legal grounding [47:46].

Andy McCabe [41:54]:
"The reconciliation and restoration of the Department of Justice's core values can only be accomplished through review and accountability."

Gill and McCabe express concern over these memos, highlighting their potential to divert resources from critical national security tasks to politically motivated initiatives.

Controversial FBI Director Nominee Kash Patel

Another focal point of the episode is the nomination of Kash Patel as the FBI Director. Patel's financial ties and involvement in an anti-Western documentary raise significant ethical questions.

Key Points:

• Financial Disclosure: Patel received a $25,000 payment from Global Tree Pictures, a company owned by Igor Lapadinok, a Russian national connected to Kremlin-backed propaganda efforts [68:53].

  Alison Gill [70:12]:
  "Cash Patel... was paid $25,000 last year by a film company owned by a Russian national who also holds U.S. citizenship..."

• Documentary Participation: Patel appeared in a documentary portraying Trump administration officials as victims of a deep state conspiracy, further complicating his nomination [70:25].

Andy McCabe [74:07]:
"This reminds me of when Mnuchin had to divest from his Rat Pack Dune movie studio..."

The hosts critique the ethical implications of Patel's associations, emphasizing concerns about foreign influence and conflicts of interest within the FBI leadership.

Listener Questions and Future Outlook

Towards the episode's conclusion, Alison Gill and Andy McCabe address a listener's concern about the potential for Trump to unilaterally fire federal judges, undermining the judiciary's independence.

Listener Question:
"Can Trump just come in and fire all federal judges, the law be damned?" [74:39]

Hosts' Response:
Gill and McCabe discuss the improbability of such actions due to the lifetime tenure of federal judges and the likely legal and political backlash that would ensue. They stress the importance of judicial independence and the role of courts in safeguarding the rule of law.

Alison Gill [78:35]:
"There really is no enforcement mechanism. Like the court will issue an order like you can't freeze federal grants and Trump will just say, and they continue to be frozen, don't care."

Andy McCabe [80:27]:
"It's hard to physically enforce anything on the president. The same doesn't apply to the people around him."

The hosts conclude with a cautious outlook, acknowledging the ongoing legal battles and the resilience of institutional checks against potential executive overreach.

Conclusion

The "Saint Driscoll" episode of UnJustified provides a comprehensive analysis of the tumultuous changes within the FBI and DoJ under the Trump administration. Through detailed discussions and critical insights, Alison Gill and Andy McCabe shed light on the struggles to maintain civil liberties and uphold the rule of law amidst political interference and administrative upheaval.

Notable Quotes:

• Andy McCabe [11:08]:
  "I absolutely, totally approve and applaud what Brian Driscoll did here. Mad respect for this guy."

• Alison Gill [40:08]:
  "The prior administration and allies throughout the country engaged in an unprecedented Third World weaponization of prosecutorial power to upend the democratic process."

• Andy McCabe [41:54]:
  "The reconciliation and restoration of the Department of Justice's core values can only be accomplished through review and accountability."

• Alison Gill [78:35]:
  "There's really no enforcement mechanism. Like the court will issue an order like you can't freeze federal grants and Trump will just say, and they continue to be frozen, don't care."

This episode underscores the critical need for vigilance and advocacy in preserving the integrity of federal institutions against politicized influences.

For more in-depth analysis and updates, listen to the full episode of UnJustified at mswmedia.com.