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UnJustified — News
UnJustified

The creator of Mueller, She Wrote, Allison Gill, and former Deputy Director of the FBI, Andrew McCabe, are documenting the erosion of civil liberties and the rule of law under Trump’s DoJ.

Copyright: © Copyright 2017-2018 Mueller, She Wrote. All rights reserved.

Latest Episodes:

Episode 74 | This is Not the Vehicle Apr 28, 2024

Show notes

The Supreme Court has heard arguments in Trump’s claim of absolute immunity. We’re going over the highlights and lowlights from the hearing. Including Justice Alito’s misreading of the DC Circuit’s ruling.
Plus, a listener question, and more!
Subscribe to AG's Substack for free
muellershewrote.substack.com

May 7 with Andy McCabe and Brian Greer:
https://signup.e2ma.net/signup/2000418/1968319/

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The Real McCabe on Substack
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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 73 | Ford Immunity Apr 21, 2024

Show notes

This week; Donald Trump had a bad week and the coming weeks don’t look much better for him. The jury has been seated in the Manhattan election interference case. There’s a hearing scheduled regarding his shady bond in the NYAG civil fraud case. CIPA Section 5 deadlines are rapidly approaching in the Mar-a-Lago willful retention case. Oral arguments in the Supreme Court over Trump’s immunity bid in the January 6 case are scheduled for next week.
Plus, a couple of listener questions, and more!

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The Real McCabe on Substack
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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 72 | Clear as Mud Apr 14, 2024

Show notes

This week; a long list of retired Admirals and Generals filed an amicus brief to the Supreme Court in Trump’s upcoming absolute immunity argument.
In Florida, Judge Cannon grants, in part, Smith’s motion to reconsider releasing witness names and statements. Cannon also set an April 12th hearing for Nauta’s and de Oliveira’s Motions to Dismiss.
Andy has some fun going over the transcript of Nauta’s FBI interview.
Plus, a couple of listener questions, and more!

Questions for the pod

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Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 71 | Post Hoc Legal Invention Apr 07, 2024

Show notes

This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense.

The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy.

Plus, a couple of listener questions, and more!

Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 70 | Motion Practice Mar 31, 2024

Show notes

This week in Cannon’s court; both sides file notices of responses and replies that they've filed on the secret docket, but DoJ’s public filing gives a glimpse into what is in the secret filings; Carlos de Oliveira requests a bill of particulars in his response to DoJ’s opposition to his motion to dismiss; we are still awaiting responses to Cannon’s order to submit potentially erroneous jury instructions.

We have updates on John Eastman’s and Jeffrey Clark’s disbarment proceedings.

Plus, a couple of listener questions, and more!

Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare
https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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Follow AG

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More from Andrew McCabe

The Real McCabe on Substack
@therealmccabe.com on Bluesky

The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 69 | Dismiss or Get Off The Pot (feat. Brian Greer) Mar 24, 2024

Show notes

This week: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.

Plus, a couple of listener questions, and more!

Our Guest
Brian Greer
Secrets and Laws (@secretsandlaws) on Twitter

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More from Andrew McCabe

The Real McCabe on Substack
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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 68 | Judicial Glosses Mar 17, 2024

Show notes

This week, in Mar-a-Lago, Jack Smith responds to Trump’s motions to dismiss, Cannon dismissed one of Trump’s motions, but that’s not all good; Steven Miller’s organization filed an amicus brief supporting dismissing the case based on the Presidential Records Act; Judge Cannon extends the filing period for reply briefs and lays the groundwork for what could be some serious shenanigans.

In an interview with Kaitlin Collins “Witness #5” said he heard a Mar-a-Lago guest discussing that Trump told him confidential information about submarines.

Plus, a couple of listener questions, and more!

The Presidential Records Act
The Presidential Records Act | National Archives

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The Real McCabe on Substack
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The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 67 | Stop Trying to Make Immunity Happen Mar 10, 2024

Show notes

This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket

The DC case may be impacted by emails that reveal new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do with Wisconsin's Presidential Electors.

Plus, a couple of listener questions.

Questions for the pod

Submit questions for the pod here

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The Presidential Records Act
The Presidential Records Act | National Archives

Check out other MSW Media podcasts

https://mswmedia.com/shows/

Follow AG

Mueller, She Wrote Substack

Mueller She Wrote on Bluesky

https://twitter.com/MuellerSheWrote

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More from Andrew McCabe

The Real McCabe on Substack
@therealmccabe.com on Bluesky

The Threat: How the FBI Protects America in the Age of Terror and Trump

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https://patreon.com/thedailybeans

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Episode 66 | Cannon’s Mini Shadow Docket (feat. Brian Greer) Mar 03, 2024

Show notes

This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery.
In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators.
Plus, another thought-provoking listener question, and more.

Brian Greer

https://twitter.com/secretsandlaws

Check out other MSW Media podcasts

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Follow AG

Mueller, She Wrote Substack

Mueller She Wrote on Bluesky

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More from Andrew McCabe

The Real McCabe on Substack
@therealmccabe.com on Bluesky

The Threat: How the FBI Protects America in the Age of Terror and Trump

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Episode 65.5 | The One Where They Granted Cert Feb 29, 2024

Show notes

Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.

Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

AMICI CURIAE to the District Court of DC

https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdf

Good to know

Rule 403b
https://www.law.cornell.edu/rules/fre/rule_403

18 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512

Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information Institute

Brady Material

Brady Rule | US Law |Cornell Law School | Legal Information Institute

https://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guilt

Jenks

Jencks Material | Thomson Reuters Practical Law Glossary

https://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)

Giglio

https://definitions.uslegal.com/g/giglio-information/

Statutes:

18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C. § 1512 | Tampering With Victims, Witnesses, Or Informants

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Andrew McCabe isn’t on social media, but you can buy his book

The Threat

The Threat: How the FBI Protects America in the Age of Terror and Trump

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More from Andrew McCabe

The Real McCabe on Substack
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The Threat: How the FBI Protects America in the Age of Terror and Trump

This Show is Available Ad-Free And Early For Patreon and Supercast Supporters at

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