UnJustified – Episode 42: The Awkward Docket

Podcast: UnJustified (MSW Media)
Hosts: Allison Gill and Andrew McCabe
Date: November 9, 2025

Episode Overview

This episode, titled "The Awkward Docket," examines the ongoing and often chaotic legal proceedings within the Department of Justice under the Trump administration, highlighting the erosion of civil liberties, rule of law, and longstanding DOJ norms. Hosts Allison Gill and Andrew McCabe focus on recent developments in the Comey prosecution and DOJ transparency battles, personnel purges at the FBI, curious legal maneuvers regarding U.S. Attorney appointments, and the controversial use of prosecutorial power for political ends. The episode also covers a supposed foiled terror plot in Michigan and signs of further politicized targeting of figures like John Brennan.

Key Discussion Points

1. The Jack Smith Report – Judge Cannon’s Stalled Docket

Start: [01:31]

• Background: Judge Eileen Cannon dismissed charges against Trump but not his codefendants. Later, Judge Cannon issued an injunction barring release of Volume 2 of Special Counsel Jack Smith’s report, even from Congress or the public. The DOJ later dropped remaining charges, but still wouldn’t release the report.
• Transparency Battle: The Knight Institute (Columbia University) sued for release under FOIA after DOJ denial. Judge Cannon failed to act on the motion for eight months until the Knight Institute petitioned the 11th Circuit.
• Court Pressure: The 11th Circuit essentially said enough is enough, giving Cannon 60 days to resolve the motion or risk appellate court intervention.
  Andy ([03:46]): “What a tortured history... the motions go to die in her court.”

Notable Quotes

• Allison ([04:31]): "She’ll wait till day 59, then call for hearings...But…the 11th Circuit was specific to say, you must have this resolved and adjudicated...She can’t stretch it out."
• Andy ([05:20]): “We’ve all been down this road before. Just a damn decision.”

2. Comey Prosecution: Legal Irregularities & Grand Jury Tapes

Start: [06:14]

Appointment Legality & the ‘Awkward Doctrine’

• Lindsey Halligan’s role as U.S. Attorney is under scrutiny; her appointment’s legality is being reviewed outside the EDVA due to mass recusals.
• The so-called “awkward doctrine” emerges—the discomfort if the local bench rules an appointee unlawful but then must face her in court.

DOJ’s Mishandling of Grand Jury Materials

• Missing Transcripts: DOJ only provided selected grand jury transcripts, omitting Halligan’s remarks. Judge Curry demanded full records by Nov 5.
• Blame Game: DOJ blames transcription service for missing content.
  Andy ([10:38]): “You're blaming the transcription service? Really?”

Courtroom Drama

• At a Nov 5 hearing, Magistrate Judge Fitzpatrick sharply criticized Lindsey Halligan’s “indict first, investigate second” approach and DOJ’s failure to turn over seized Comey-Richmond communications, placing an unfair burden on the defense.
  Judge Fitzpatrick ([14:34], via report): “We’re going to fix that, and we’re going to fix that today.”

• Judge Orders: All grand jury materials to be turned over to Comey's lawyers.

• DOJ Pushback/Appeal: The DOJ appealed the order to share grand jury materials; Chief Judge Nachmanoff rejected their argument, allowing the order to proceed but telling magistrate to “show your work.”

Privileged Materials & Prosecution Strategy

• DOJ published vast exhibits (some likely privileged and not filter-reviewed) with the apparent aim of tarnishing Comey’s reputation rather than providing substantive legal arguments.
• Allison ([21:06]): “The prosecution is not vindictive... This is just like somebody just denying. It's just... unsubstantiated denials.”

Halligan’s Appointment—Pam Bondi’s Retroactive "Backseys"

• Pam Bondi attempts to retroactively “cure” Halligan’s unlawful appointment, essentially by going back in time, in a legally dubious move.
  Allison ([28:26]): “She’s actually trying to retroactively cure the unlawful appointment of Lindsey Halligan. This is almost an admission she... isn’t appointed lawfully."

3. Personnel Purges and DOJ/FBI Power Struggles

Start: [30:28]

Firings & Internal Turmoil

• FBI Director Kash Patel pushes out agents involved in January 6 and election interference investigations. Jeanine Pirro (D.C. U.S. Attorney) attempts to intervene, but terminations proceed.
• FBI Agents Association slams the chaos:
  Quote ([32:34]): “An agent simply being assigned to an investigation …should never be grounds for termination.”
• Andy ([33:32]): “It’s… not a recognizable bureau from anybody… even still there or was recently there.”

4. “Pumpkin Day Plot” – Michigan Terror Claim Dissected

Start: [36:05]

The Arrest & the Spin

• Kash Patel takes to Twitter to claim the FBI foiled a Halloween terror plot; local lawyer calls it unfounded.
• Lawyer Amir Machled says the group were just “gamers,” expects no charges.

Federal Charges Emerge

• Later, three suspects are charged with firearm, ammunition, and material support to terrorism offenses, though doubts remain about actual threat, intent, and FBI’s handling/perception.
• Andy ([41:00+]): Explains typical standards for federal terrorism cases, differences in approach, and uncertainties in the Michigan case.

5. New Grand Jury—John Brennan in the Crosshairs (Again)

Start: [44:12]

• DOJ issues grand jury subpoenas in ongoing South Florida probe into John Brennan and the 2017 Intelligence Community Assessment on Russian election interference.
• Brennan Already Cleared: Previous investigations (Durham, Horowitz, Senate/House Intel) found no wrongdoing; hosts see this as yet another politically motivated fishing expedition.
  Allison ([45:53]): “They want to try to convince everybody that Russia doesn’t interfere in anybody’s elections. They’re totally cool guys.”

6. The Sandwich Guy Verdict—Jury Power in Action

Start: [46:20]

• Background: "Sandwich Guy," charged with simple assault for throwing a sandwich at a CBP officer (in tactical gear); acquitted unanimously.
• Jury Nullification or Reasonable Doubt: Defense argued the agent never feared the sandwich, even celebrating it with plushies and patches; thus, assault’s “offensiveness” element not met.
• Andy ([48:38]): "It could have been a first year law student 101. An assault is an offensive touching. You have to be contacted and you have to be offended by it."
• The case sparks discussion on overzealous prosecutions and the role of juries in curtailing government overreach.

Memorable Moments & Notable Quotes

• Allison [05:20]: "We've all been down this road before. Just a damn decision."
• Andy [10:38]: "You're blaming the transcription service? Really?"
• Judge Fitzpatrick (paraphrased) [14:34]: “We’re going to fix that, and we’re going to fix that today.”
• Allison [28:26]: “She’s actually trying to retroactively cure the unlawful appointment of Lindsey Halligan.”
• Andy [32:34]: “The actions yesterday in which FBI special agents were terminated and then reinstated… highlight the chaos that occurs when long standing policies and processes are ignored.”
• Andy [48:38]: "If you aren’t offended... it’s hard to say you’ve been offended and that you were concerned for your safety."

Lightning Round: Listener Q&A

Start: [51:45]

1. Is Emil Bovey’s judicial job for life?
   Yes—federal judges are appointed for life; impeachment is technically possible but extremely unlikely.
2. Can Comey or Letitia James sue DOJ for damages/legal fees?
   Generally, no. Prosecutors have broad immunity for actions taken in the course of prosecutions.
3. How is the Chief Justice of the Supreme Court chosen?
   The President nominates the Chief Justice; succession is not by seniority but specific appointment.

Tone & Style

• The episode is defined by its dry wit, embedded legal expertise, and biting commentary on DOJ dysfunction and the politicization of law enforcement.
  • Terms like “awkward doctrine,” “retroactively cure,” and “pumpkin day plot” typify the show’s blend of legal analysis and dark humor.
  • Both hosts alternate between exasperation, gallows humor, and serious concern about U.S. legal institutions.

Episode Timestamps

• 11th Circuit orders Cannon on Smith Report: [01:31] – [05:34]
• Comey Case—Grand Jury Mess: [06:14] – [18:50]
• DOJ Filings & Privileged Evidence: [18:50] – [25:44]
• Pam Bondi’s Appointment Stunt: [27:59] – [29:56]
• FBI Firings & DOJ Drama: [30:28] – [36:12]
• Michigan “Pumpkin Day” Plot: [36:12] – [43:35]
• John Brennan Grand Jury News: [44:12] – [45:53]
• "Sandwich Guy" Jury Verdict: [46:20] – [51:19]
• Listener Questions: [51:45] – [57:42]

Conclusion

"Awkward Docket" serves as both a trenchant chronicle and darkly comic debriefing on the chaos in America’s justice system amid politicization, vindictive prosecutions, and legal sleights of hand. Beneath the laughs, the episode calls listeners to vigilance as the courts become battlegrounds for issues far beyond mere procedural fights—a warning wrapped in wisecracks.

For links, sources, and future questions, visit the show notes or submit via the provided listener question link. To support UnJustified and independent legal journalism, consider joining their Patreon community.

(This summary provides highlights and organizes the most crucial discussions, with speaker attributions and timestamps for major segments and quotes to guide anyone who hasn't listened. It skips ads, housekeeping, and the outro.)