UnJustified – Episode 32: “Speedwaliking It”

Podcast: UnJustified (MSW Media)
Hosts: Allison Gill (AG), Andrew McCabe (AM)
Date: August 31, 2025

Overview

In this episode of UnJustified, Allison Gill and Andrew McCabe dissect a series of Justice Department embarrassments: several failed grand jury indictments against protesters charged with assaulting federal agents, the overreach of federal law enforcement in Washington, DC and elsewhere, the collapse of public corruption enforcement under the Trump administration, and ongoing chaos in the New Jersey federal justice system due to politicized appointments. They also touch on overcharging, jury nullification, eroded civil liberties, and the vital but strained “guardrails” protecting against politically motivated prosecutions.

Gill and McCabe employ their characteristic sardonic wit and sharp legal insights throughout, illustrating the broader erosion of the rule of law and civil liberties during the Trump era.

Key Discussion Points & Insights

1. String of DOJ Embarrassments: Failed Indictments in Protest Cases

[00:07–15:17]

• Embarrassing DOJ Week: The DOJ failed to secure indictments in several high-profile cases against people accused of assaulting federal agents. Most cases involved minor altercations during protests in DC.
• “Sandwich Guy” Case: A man threw a sandwich at a CBP agent, an event caught on viral video, but the grand jury refused to indict for felony assault. Prosecutors downgraded to a misdemeanor instead. The hosts mock both the incident and prosecution's overzealousness.
  Memorable Quote:
  • AG [01:44]: “He said, I did it. I threw the sandwich. So I think we can take ‘allegedly’ out, out of here.”
  • AM [03:02]: “I’d have more respect for that if she released a video of heavily armed agents all throwing sandwiches at him... All right, everybody’s had a sandwich, been hit with a sandwich. Let's move on.”
• Resistance Art: Artists use Banksy imagery, now with a sandwich, to lampoon the incident and justice system.
  AG [03:34]: “They're using the Banksy art...but he's got a sub sandwich in his hand. Now there's resistance art...it says free DC.”
• Other Failed Indictments:
  • “Sidney Reed” Case: Similar failed attempts to indict a protestor for assault—three grand juries refused a felony indictment, ultimately forcing a misdemeanor refiling.
  • Alvin Summers (“Speedwaliking It”): Arrested after supposedly “speed walking” from police, resisting arrest, but prosecutors ultimately dropped felony charges after grand jury refused to indict.
    AM [08:49]: “Here’s where you should run if you want to get away, because if you even speed walking, good chance you’re going to get caught.”
• Pattern Noted: Grand juries, typically tools for easy indictments, are pushing back—unusual, given how much control prosecutors have over the process.
• Possible Jury Nullification or Overcharging: The hosts attribute failures to present credible felony cases to grand juries, overcharging, and community standards.
  AG [11:19]: “You have to have bodily harm. And the sandwich just didn’t cause any bodily harm. Right.”

2. Systemic Issues: Over-policing and Political Directives

[04:19–06:42, 17:54–19:33]

• Federal Overreach: Trump’s deployment of federal agents and the National Guard in DC and elsewhere has led to overcharging and aggressive practices with minor, often immigration-related arrests on the rise—flattering “crime down” stats.
• Tactics Crossover: The blending of immigration law enforcement and criminal policing is lowering standards and risking more civil rights violations.
  AM [19:18]: “If you’re used to just rolling up...and putting your hands on everybody who looks like they’re from somewhere else, that shit does not fly in the criminal side.”
• Concerns About Agent Training: Reduced training and disregard for constitutional rights could proliferate unlawful searches and mass case dismissals.

3. Public Corruption Enforcement Gutted

[20:55–29:46]

• Congressional Democratic Probe: Lawmakers are investigating the disbandment of DOJ’s Public Integrity Section and the FBI’s corruption squads under AG Pam Bondi and Director Kash Patel, during a period of openly rampant Trump administration corruption.
• Weaponizing Prosecution, Ignoring Actual Crime: The DOJ prioritizes “crackdowns” on protestors/immigrants, while public corruption and white-collar crime go ignored or unprosecuted.
• Guardrails in Place? Despite rampant politicization, grand juries have resisted the most egregious abuses—some systems still function to resist "rogue" prosecutions.
  AG [25:08]: “...there are still tools in place that appear to be working that are controlled by citizens like federal grand juries...”
• Ethics of the Grand Jury System:
  AM [26:42]: “A DOJ...hell bent on just cherry picking a grand jury...is actually counter to what the Constitution was designed to preserve as a right to all Americans. I think it’s, it's really frightening.”

4. New Jersey Federal Court Paralysis—The Alina Habba Saga

[30:34–37:37]

• Court System in Chaos: Ongoing court battles over the legitimacy of Trump-loyalist Alina Habba as US Attorney have led to at least 12 federal judges delaying proceedings in New Jersey, including major trials.
• Federal Prosecutorial Paralysis:
  AG [32:38]: “If I were a defense attorney in New Jersey right now…I would be filing motion to dismiss charges based on a violation of my right to a speedy trial on everything.”
• Political Interference Undermining Law Enforcement: Trump’s circumvention of Senate protocol has paralyzed prosecutorial work, a self-inflicted wound according to the hosts.
  AM [36:49]: “...she’s now stuck with this very important district that has a significant crime issue that needs to be addressed that really can’t be...addressed right now because of this conundrum.”

5. Other Justice News: Proud Boys Lawsuit, Jack Smith Hatch Act Probe

Proud Boys v. DOJ [38:21–39:59]:

• Holding the Line: The DOJ, for once, refuses to settle a $100 million suit by January 6th Proud Boys (unlike previous settlements with Ashley Babbitt’s estate or on voting rights matters).
  AG [39:36]: “That good sign...gives me a little bit of hope.”
  AM [39:40]: “You don’t get a cookie just for doing your job...But all right, let’s put one in the win column.”

Jack Smith Hatch Act Pushback [40:47–46:09]:

• Baseless Claims & Political Retaliation:
  • Sen. Tom Cotton accuses Special Counsel Jack Smith of violating Hatch Act by allegedly “rushing” prosecutions.
  • Smith’s legal team robustly rebuts these claims as “imaginary and unfounded,” pointing out routine judicial oversights in all their actions.
    AG [43:09]: “You have to kind of imagine Senator Cotton’s like, he was totally...interfering with the election because he asked to exceed the page limit in a filing.”
  • AM [43:19]: “These are all things that he asked for and was granted by a judge. By the court...You think the court, like, green lit a violation of the Hatch Act?”
  • AG [45:48]: “This is why [Smith was silent on timing]...This is exactly...Jack Smith just sitting there...knew this was coming.”

Notable Quotes & Moments

• On Overcharging Protesters:
  AG [11:19]: “You have to have bodily harm. And the sandwich just didn’t cause any bodily harm.”
• On Prosecutorial Embarrassment:
  AM [16:09]: “The judge also said on the record that it was the worst case of an unlawful search that he had ever seen in his entire career.”
• On Political Appointee Paralysis in New Jersey:
  AM [36:49]: “...this is all of their own making. And...they aren’t prosecuting crimes in New Jersey because of it.”
• On Guardrails in the System:
  AM [26:42]: “...DOJ cherry picking a grand jury...is actually counter to what the Constitution was designed to preserve as a right to all Americans.”
• On Politicization of Law Enforcement:
  AG [23:22]: “...instructing prosecutors to no longer look at Foreign Corrupt Practices Act cases—like, that's straight up saying we're not enforcing this law anymore...”

Important Segment Timestamps

• [00:07] DOJ’s Failed Indictments, “Sandwich Guy”
• [04:39] Crime stats, over-policing, National Guard in DC
• [05:47] Additional protest cases (Sidney Reed, Alvin Summers)
• [13:44] Misdemeanor prosecution in DC
• [16:09] Dismissed gun possession/probable cause violation
• [20:55] Public corruption enforcement gutted, Congressional investigation
• [30:34] New Jersey court paralysis, Alina Habba
• [38:21] Proud Boys lawsuit, DOJ’s response
• [40:47] Jack Smith Hatch Act pushback
• [46:24] Listener Q&A: Bolton raid, duties of FBI Director
• [57:54] Closing thoughts on mass shootings & state policy responses

Listener Q&A Highlights

• Raiding John Bolton vs. Trump:
  AM clarifies that the Mar-a-Lago handling was not normal protocol; usually, a search warrant is executed without notice to prevent evidence destruction unless the subject is the former president.
• Roles of FBI Leadership:
  AM details the proper division of labor and the unusual public grandstanding by current Trump-appointed officials.

Tone & Style

True to form, Gill and McCabe blend dry wit, irony, and legal acumen, frequently using sardonic humor to highlight the absurdity of contemporary DOJ practices and the breakdown of historical norms under Trump. They balance their critiques with technical precision, particularly in explaining grand jury proceedings, prosecutorial standards, and systemic safeguards against abuse.

Takeaway

The episode underscores the unconstitutional expansion of federal power, weaponization of the DOJ for political ends, and the vital—if battered—systemic guardrails (grand juries, judicial oversight) that still resist the worst prosecutorial abuses. Listeners gain a nuanced, sometimes darkly funny, and sobering view of the ongoing erosion of the rule of law in the United States.

For further resources, see MSWMedia.com.