The following is a lightly edited transcript of the October 16 episode of the Daily Blast podcast. Listen to it here.
The thing that might be added to what we’ve seen in public already is just more direct evidence of his state of mind. You know, if he said to his colleagues, to his staffers, that, I know, you know, the law says I have to return these documents, but no, they’re my boxes—you know, that sort of evidence would certainly strengthen the criminal case that was once brought against him.
Now, as to whether we’re ever going to see this—you know, that’s a hard question to answer. In the short term, the answer is almost certainly not, because that’s up to Pam Bondi, who, as we have seen, will do Donald Trump’s bidding virtually any way he asks.
Now, in the long run, you know, if a Democrat wins the White House in 2029, then they would have the keys to the Justice Department. But remember that Jack Smith turned this report over to the attorney general in January of 2025, before Donald Trump took office. And the administration—the Biden administration—didn’t release all of the reports that Jack Smith had created. And there may be good reasons for that.
So it’s really hard to tell whether, in the long run, a different Democratic administration would make a different judgment.
Sargent: We have GOP representative Jim Jordan, who chairs the House Judiciary Committee right now. He’s demanding that Smith testify in order to prove that Smith weaponized the DOJ against Trump. Jordan is claiming that the search of Mar-a-Lago for the classified documents constituted this weaponization. What’s funny, Matt, is that House Republicans are not going to want that report to come out on what Jack Smith actually found about Trump’s hoarding of classified documents. They only want Smith to testify in some way that will show guilt in the pursuit of the truth about what Trump did. It’s kind of a revealing disconnect, isn’t it, Matt?
Number two, does someone like Lindsey Halligan ever face consequences?
And the answer is yes. And she very likely will, at some point, face disbarment proceedings. The caveat there is that she’s from Florida, and I don’t know how much the Florida Bar is going to try to hold Trump’s lawyers to account—but at least elsewhere in the country, we’ve seen Rudy Giuliani get disbarred. We’ve seen Kenneth Chesebro have his legal license suspended. We’ve seen John Eastman, who I testified against on behalf of the California Bar, be subject to attorney discipline—he’s been disbarred pending appeals.
So there are potential consequences here, but the wheels of legitimate justice go pretty slowly. And, ultimately, Lindsey Halligan has paid her political pound of flesh to Donald Trump. So I’m not sure she’s ultimately going to care.
Sargent: Right, I think the real game here is that someone like that is just angling for a different kind of career altogether after it’s all over. And that’s troubling in a whole different way.
And maybe you can comment on this as someone who kind of studies legal ethics and procedure. They’re banking on the fact—in other words, Trump’s whole project rests on the fact—that good-faith legal proceedings, in order to get them done right, take time.
That, to me, I think, is really a terrible thing to contemplate—that they’re actually manipulating an aspect of the system that is there, maybe to a fault, because the delays, they, you know, they’re pretty crazy sometimes—but it’s still a component of our legal system that is about getting things right. And they’re corrupting that and exploiting that.
So the 50 years you were talking about is going back to Richard Nixon.And Richard Nixon did try to weaponize the national security apparatus of the United States and its law enforcement capabilities. Now, the way that he tried to go after his enemies—you know, the famous enemies list—one of the principal ways he tried to do it was by using the IRS to investigate people’s taxes. And ultimately, his commissioner of the IRS refused to do so and pushed back, and so that didn’t ultimately go too far.
But the idea behind that was that if you look close enough at somebody’s taxes, they probably messed up one way or another. And so conservative libertarians like to say—you know, there have been books written about this—that if you look at anybody’s life, they’ve probably committed a federal felony every day, just because there are so many criminal laws.
And to me, it’s interesting that we aren’t seeing—at least not yet publicly—tax investigations of Adam Schiff or Letitia James or James Comey. You know, did they claim reimbursement, or, you know, expenses that they were reimbursed for, or something like that?