UnJustified Podcast Summary
Episode Title: Trumped Up Charges
Release Date: June 8, 2025
Hosts: Allison Gill and Andrew McCabe
Produced by: MSW Media

Introduction

In the 20th episode of UnJustified, hosts Allison Gill and former FBI Deputy Director Andy McCabe delve deep into the ongoing erosion of civil liberties and the rule of law under the Department of Justice (DoJ) during the Trump administration. The episode titled "Trumped Up Charges" provides a comprehensive analysis of several high-profile cases, courtroom battles, and internal DoJ controversies, highlighting the challenges faced by those fighting for justice and due process.

Abrego Garcia Case Update

[00:06 - 05:46]

The episode opens with significant court developments in the Abrego Garcia case. Andy McCabe updates listeners on Judge Sinise granting two critical motions: one permitting Abrego Garcia's lawyers to file a sanctions motion against the government, and another unsealing previously hidden documents.

Notable Quote:
Andy McCabe remarks, "The man mistakenly deported to Guatemala by the Department of Homeland Security has been returned to the United States while the government struggles with giving other people due process on the ground in Djibouti." [00:29]

Allison Gill emphasizes the severity of the situation, stating, "This is unjustified." [00:42]

The discussion highlights the government's repeated jurisdictional challenges against the court's decisions, with McCabe criticizing the DoJ's persistence in "reprinting nearly verbatim" dismissed arguments [03:08 - 05:46]. They underscore the human cost, noting that Abrego Garcia is "rotting in a foreign cell" [05:36 - 05:46].

Abrego Garcia Indictment and Legal Implications

[06:09 - 14:57]

A significant revelation unfolds when Allison Gill reports that Abrego Garcia, after being wrongly deported to El Salvador, faces a new indictment in the United States for allegedly transporting undocumented migrants. The indictment, filed in Tennessee, accuses Garcia of participating in a decade-long conspiracy involving human trafficking and gang-related activities.

Notable Quote:
Andy McCabe explains, "Well, it can be if you know that you are participating in an illegal enterprise... but there's a lot of different possibilities of how this could work out for him." [08:04]

Allison Gill draws parallels to the Ahmed Omar Abu Ali case, illustrating a pattern of the DoJ manipulating legal proceedings to sidestep due process, effectively shutting down habeas petitions by re-indicting individuals and transferring them back to U.S. custody [09:47 - 14:57].

Whistleblower Aid Partnership Announcement

[14:57 - 21:15]

Mid-episode, there is a sponsorship segment where Allison Gill announces a partnership with Whistleblower Aid, highlighting their pro bono legal support for individuals exposing governmental misconduct. While this section provides valuable information, it is primarily an advertisement and is not central to the episode's main content.

Seacoat Class Certification and Judge Boasberg's Ruling

[21:15 - 39:43]

Allison Gill and Andy McCabe transition to discussing Judge Boasberg's recent certification of two classes in a lawsuit challenging the Alien Enemies Act Proclamation. The Seacoat class comprises individuals wrongfully removed from the U.S. and detained in El Salvador without due process.

Notable Quote:
Allison Gill highlights the judge's nuanced approach: "This court ultimately agrees with the Seacoat plaintiffs that they are likely to succeed on the merits of their due process claim." [26:11]

They dissect the judge's memorandum, praising its alignment with Supreme Court rulings that emphasize the necessity of due process, even in complex immigration cases. The hosts express cautious optimism about the ruling but acknowledge potential roadblocks if the government fails to comply with court orders.

Key Points:

• Due Process Violations: The judge affirmed that individuals were deprived of their constitutional right to seek habeas relief before removal.
• Government's Limited Response: The court requires the government to devise a plan for facilitating due process, posing significant logistical challenges.
• Potential Legal Battles: The ruling opens avenues for further litigation, possibly escalating to the Supreme Court.

Conditions at Djibouti Military Base

[39:43 - 52:37]

The conversation shifts to the deplorable conditions faced by detainees and ICE officers at a U.S. military base in Djibouti. Hosts discuss Melissa B. Harper's supplemental declaration, which details inadequate facilities, lack of medical supplies, and security vulnerabilities at the base.

Notable Quote:
Allison Gill criticizes the government's choices: "You could have brought them home to here and put them in detention facilities in the States." [47:07]

They argue that the government’s inability to provide humane conditions underscores the necessity of returning detainees to the U.S. for due process, rather than holding them in foreign, hostile environments.

FBI Under Kash Patel: Internal Turmoil and Leak Investigations

[53:53 - 55:28]

Allison Gill reports on the internal issues within the FBI under Kash Patel's leadership. There are allegations of FBI agents being forced out, demoted, or put on leave without explanation. Additionally, Patel is reportedly enforcing polygraph tests to root out leaks, leading to a climate of fear and instability within the bureau.

Notable Quote:
Andy McCabe summarizes the impact: "A senior agent who was until April in charge of intelligence at the Los Angeles field office was asked to relocate... or be asked to retire in May." [53:53]

Attorney General Pam Bondi's Ethics Complaint

[54:34 - 55:47]

The hosts cover a significant development where Attorney General Pam Bondi faces a Florida bar ethics complaint. Nearly 70 legal professionals accuse her of serious professional misconduct that threatens the rule of law.

Notable Quote:
Allison Gill questions the implications: "I do want to make clear, if she gets disbarred in two years for some reason that doesn't actually disqualify you from being the attorney General." [55:28]

They discuss the potential impact of the complaint, noting that disbarment would not legally prevent her from continuing as Attorney General, highlighting systemic issues in eligibility criteria for high-ranking officials.

Listener Q&A: Judicial Oversight and DOJ Actions

[56:31 - 64:09]

The episode features a listener question from PJ regarding judges' roles in anticipating and checking DoJ misconduct, especially in light of diminished presumptions of government good faith during court proceedings.

Notable Quotes:

• Allison Gill responds thoughtfully: "We have to continue doing that... you can't circumvent due process while trying to stand up for due process." [58:01]
• Andy McCabe adds: "It's designed to find justice. We just got to keep fighting." [61:11]

They discuss the limitations of judicial intervention in preemptively combating frequent DOJ overreach, emphasizing the importance of adhering to legal protocols despite systemic frustrations.

Final Thoughts and Upcoming Topics

[62:21 - End]

In their concluding remarks, McCabe hints at an upcoming investigation initiated by the President against former President Biden, expressing skepticism about the legitimacy and legal foundation of such an inquiry.

Notable Quote:
Andy McCabe expresses concern: "I can't even imagine, I can't even articulate a way that the FBI could get involved in such an investigation because there's literally... no law violated." [62:21]

Closing Remarks: The hosts reaffirm their commitment to monitoring and exposing governmental abuses, urging listeners to stay informed and engaged.

Conclusion

Episode 20 of UnJustified meticulously unpacks the intricate legal battles surrounding forced deportations, due process violations, and internal corruption within the Department of Justice. Through incisive analysis and expert insights, Allison Gill and Andy McCabe shed light on the ongoing struggle to uphold civil liberties in the face of governmental overreach. Notable among the discussions is the Abrego Garcia case, highlighting systemic issues with deportations and the fragile nature of due process under current administration policies. Additionally, internal DoJ turmoil and ethical breaches within the Attorney General’s office underscore a broader decay in institutional integrity. The episode serves as a crucial resource for listeners seeking to understand and navigate the complex landscape of justice and civil rights erosion.

Notable Quotes Section:

1. Andy McCabe [00:06]:
   "The man mistakenly deported to Guatemala by the Department of Homeland Security has been returned to the United States while the government struggles with giving other people due process on the ground in Djibouti."

2. Allison Gill [00:42]:
   "This is unjustified."

3. Andy McCabe [08:04]:
   "Well, it can be if you know that you are participating in an illegal enterprise... but there's a lot of different possibilities of how this could work out for him."

4. Allison Gill [26:11]:
   "This court ultimately agrees with the Seacoat plaintiffs that they are likely to succeed on the merits of their due process claim."

5. Andy McCabe [53:53]:
   "A senior agent who was until April in charge of intelligence at the Los Angeles field office was asked to relocate... or be asked to retire in May."

6. Allison Gill [55:28]:
   "I do want to make clear, if she gets disbarred in two years for some reason that doesn't actually disqualify you from being the attorney General."

7. Allison Gill [58:01]:
   "We have to continue doing that... you can't circumvent due process while trying to stand up for due process."

8. Andy McCabe [61:11]:
   "It's designed to find justice. We just got to keep fighting."

9. Andy McCabe [62:21]:
   "I can't even imagine, I can't even articulate a way that the FBI could get involved in such an investigation because there's literally... no law violated."

Stay Connected: For more in-depth analyses and updates on these cases, subscribe to UnJustified on your preferred podcast platform or visit mswmedia.com.