What A Day – “Trump Capitalizes On The National Guard Shooting”

Host: Jane Coaston
Guest: Ken White (criminal defense attorney, former federal prosecutor, and co-host of “Serious Trouble”)
Date: December 1, 2025

Episode Overview

This episode dives into the aftermath of the National Guard shooting in Washington, D.C., focusing on the political and legal repercussions, particularly how the Trump administration is leveraging the incident to push its immigration agenda. Host Jane Coaston interviews legal expert Ken White about mental health in high-profile criminal cases, the DOJ’s approach under Trump's presidency, and the broader climate of politicized justice. The show then touches on other major headlines, including diplomatic developments in the Russia-Ukraine war, a redistricting shakeup in Alabama, fraud scandals in Minnesota, Black Friday spending, and troubling reports of war crimes orders from the Secretary of Defense.

In-Depth Segment Breakdown

1. National Guard Shooting: The Politics and Legal Fallout

[00:02–05:20]

• Incident Summary:
  Two West Virginia National Guardsmen were shot near the White House; one (Army Specialist Sarah Beckstrom, age 20) died. The alleged shooter, an Afghan expatriate and former Zero Unit operative resettled under a Biden-era program, reportedly struggled with longstanding mental health issues.
• Trump Administration Response:
  Immediate suspension of all asylum claims and visas from Afghanistan.
• Political Blame-Shifting:
  Despite the shooter’s asylum approval during the Trump administration (April 2025), Secretary of Homeland Security Kristi Noem placed blame on Biden, accusing his administration of abandoning vetting procedures.
• Quotable:
  Jane Coaston: “I just want to be very clear... his asylum was approved in April of this year on the Trump administration's watch.” [01:20]
• Legal Angle:
  DOJ has upgraded charges to first-degree murder and is considering the death penalty (Attorney General Pam Bondi).
• Ken White on Mental Health Defense:
  • DOJ considers mental health in capital cases, but insanity defenses are rare and difficult to sustain.
  • “You really have to prove at this point that you lacked the capacity to follow the law... but it's always an uphill struggle in America.” [03:35]
  • Juries are unlikely to be sympathetic when the victim is “very sympathetic and appealing” and the defendant is “unsympathetic and unappealing.” [04:58]

2. DOJ’s Prosecutions and Political Motivation under Trump

[05:21–11:10]

• Recent DOJ Embarrassments:
  Dismissed federal cases against James Comey and NY Attorney General Letitia James due to improper appointment of U.S. attorneys (Lindsey Halligan).
• Ken White’s Analysis:
  • Judges intentionally dismissed on narrow appointment technicalities, sidestepping “the far more juicy” arguments of vindictive prosecution.
  • “...these probably present some of the best cases for vindictive prosecution that I’ve ever seen in American history.” [06:55]
  • On possible re-indictment: Any renewed attempt would re-open the administration to broader, more damaging scrutiny.
• On Trump’s Pardons:
  Trend of pardoning friends, allies, and high-profile “class allies” (e.g., corrupt foreign leaders, wealthy fraudsters).
  • “...the main theme: my friends and my allies I’m going to protect... you look out for us, we’ll look out for you.” [08:08]
  • Recent pardons included a private equity executive who’d barely served any time for major fraud.
  • Victims of pardoned crimes will find it harder to recover losses, especially as criminal restitution processes are short-circuited by presidential pardons.

3. The DOJ's Future Under Trump and Pam Bondi

[11:10–12:50]

• Bondi and ‘MAGA Right’ Perceptions:
  Despite being picked to “bring down the hammer on anyone who disagrees with us,” Bondi is perceived by ultra-MAGA circles as a “disappointment” due to DOJ failures.
• Ken White’s Prediction:
  • “More failure, more embarrassment, more incompetence.”
  • The DOJ has become “overtly thuggish and dumb,” losing competent people and antagonizing judges, grand juries, and regular juries alike.
  • “Even though grand juries will indict a ham sandwich, there’s some ham just too rancid to indict.” [12:25]
  • Judges and citizens are resisting overreach: “one of the most encouraging things... has been the resistance by judges... by jurors... and by citizens.” [12:35]

4. Additional Headlines & Major Stories

[15:12–23:43]

a. Russia-Ukraine Peace Talks in Miami

• Secretary of State Marco Rubio hosts negotiations at a Miami golf club; U.S. envoy Steve Witkoff described Trump’s peace plan as “a Russian wish list.”
• “They pretty much said nothing,” quips Jane on officials’ noncommittal statements.

b. Minnesota Safety Net Scandal

• Major fraud ($1B+) in Minnesota’s social services, with a focus on refugee scammers.
• Trump's inflammatory Truth Social post stokes anti-Somali sentiment, exaggerating the size and criminality of the Somali-American community.

c. Alabama Redistricting by an 18-Year-Old

• Daniel DiGonato, University of Alabama freshman, had his map chosen following a Voting Rights Act ruling.

d. Black Friday Consumerism vs. Economic Anxiety

• Americans spent a record $11.8B online—higher prices but fewer items purchased, as rising tariffs, credit card debt, and “buy now, pay later” trends bite.

e. War Crimes Allegations: Secretary of Defense Pete Hegseth

• WaPo reports Hegseth ordered SEAL Team 6 to “kill everybody aboard” a suspected narco-boat—possibly violating U.S. and international law.
• Hegseth’s past defense of war criminals, antipathy to Geneva Conventions, and Trump’s public dismissal of the allegations discussed.
• Jane Coaston: “My only question: what took him so long?” [23:10]
• Senator Tim Kaine (D-VA) confirms if true, this “rises to the level of a war crime.” [23:17]

Most Memorable Quotes

• Jane Kostin: “I just want to be very clear about this because his asylum was approved in April of this year on the Trump administration's watch.” [01:20]
• Ken White: “You really have to prove at this point that you lacked the capacity to follow the law... but it's always an uphill struggle in America.” [03:35]
• Ken White: “These probably present some of the best cases for vindictive prosecution that I’ve ever seen in American history.” [06:55]
• Ken White: “Even though grand juries will indict a ham sandwich, there's some ham just too rancid to indict.” [12:25]
• Jane Kostin: “They pretty much said nothing.” (on the Miami Ukraine talks) [15:12]
• Jane Kostin: “My only question: what took him so long?” (on Pete Hegseth and war crimes) [23:10]
• Sen. Tim Kaine: “If that reporting is true, it’s a clear violation of... laws of war as well as international laws... this rises to the level of a war crime.” [23:17]

Timestamps for Key Segments

• [00:02] – Show opens; overview of the National Guard shooting
• [01:54] – Investigation into blame, vetting, and administration response
• [02:56] – Ken White interview begins: mental health and the death penalty
• [05:21] – DOJ’s dismissal of Comey & Letitia James prosecutions
• [08:08] – Pattern of Trump’s pardons
• [09:25] – Consequences for fraud victims after pardons
• [10:23] – Pam Bondi’s struggle to please MAGA and do the job
• [11:10] – Ken White on DOJ’s prospects: “More failure, more embarrassment, more incompetence.”
• [15:12] – Roundtable of other major news (Ukraine, Minnesota fraud, Alabama map)
• [22:28] – Alleged war crimes by Secretary of Defense Hegseth
• [23:17] – Senator Tim Kaine calls for accountability

Takeaways

• The Trump administration used a single high-profile crime to justify sweeping immigration bans, exploiting the incident for political gain.
• Mental health defences remain exceptionally difficult in federal criminal cases, and even strong evidence of trauma is rarely persuasive with unsympathetic defendants.
• Legal institutions continue to resist overt politicization, with career judges, grand juries, and even trial juries pushing back against DOJ overreach.
• A consistent pattern emerges of Trump leveraging presidential powers (pardons, appointments) to shield allies and punish enemies.
• New revelations regarding war crimes at the highest level signal intensifying legal and constitutional crises for the United States.

This episode underscores how the Trump administration’s justice strategy is centered around loyalty and retribution, rather than neutrality and legal norms, while highlighting a slow but resilient resistance from America’s judiciary and civil society.