Brian Tyler Cohen
Brian Tyler Cohen
March 15, 2026

Prosecutor drops BOMB on Pam Bondi amid Epstein coverup

Quick Read

Legal analysts detail a potential, unprecedented pathway for Congress to hold Pam Bondi accountable for allegedly lying to Congress and obstructing justice regarding the Epstein files, even if the Department of Justice is conflicted.
Pam Bondi allegedly lied to Congress about Donald Trump's involvement in Epstein files.
DOJ conflict of interest necessitates a novel approach for accountability.
Congress could petition federal courts to appoint an independent special prosecutor.

Summary

Legal analysts Brian Tyler Cohen and Glenn Kirschner discuss the challenge of prosecuting a sitting Attorney General, Pam Bondi, for alleged crimes like lying to Congress and obstructing an investigation related to the Epstein files. Kirschner asserts Bondi lied in congressional testimony by stating there was no evidence of Donald Trump's criminal conduct in the Epstein files, despite documents indicating otherwise. He outlines a legal strategy: if Democrats control the House, they can vote to hold Bondi in contempt and issue a criminal referral to the Department of Justice. Recognizing the DOJ's likely conflict of interest, Kirschner proposes a novel approach where Congress could petition a federal court to appoint an independent special prosecutor, citing precedents where courts appoint prosecutors to vindicate their own rights when orders are violated. The hosts emphasize the favorable environment of the DC court system, known for its legal impartiality, and the ongoing nature of the alleged Epstein files cover-up, suggesting that accountability can be pursued even if a new administration is required for full criminal prosecution.
This analysis outlines a concrete, albeit unprecedented, legal strategy for holding high-ranking officials accountable when the standard mechanisms are compromised by conflicts of interest. It highlights the critical role of congressional oversight and the judiciary in upholding the rule of law, particularly concerning sensitive cases like the Epstein files. The discussion underscores the long-term nature of legal accountability, emphasizing that statutes of limitations often allow for prosecution even after an official leaves office.

Takeaways

  • Pam Bondi is accused of lying to Congress by stating there was no evidence of Donald Trump's criminal conduct in the Epstein files.
  • Lying to Congress (18 U.S.C. § 1001) and obstructing a congressional proceeding are federal felonies.
  • The Department of Justice faces an inherent conflict of interest in investigating its own Attorney General.
  • A potential solution involves Congress voting to hold Bondi in contempt, making a criminal referral, and then petitioning a federal court to appoint an independent special prosecutor.
  • Precedents exist for courts appointing special prosecutors when court orders are violated and the DOJ fails to act.
  • The DC court system is viewed as impartial and likely to uphold the law against political influence.
  • The 'time is always now' for accountability, but practical steps may depend on future political control of the House and White House.
  • The statute of limitations for Bondi's alleged crimes will likely allow for prosecution even after a new presidential administration.

Insights

1Pam Bondi's Alleged Lie to Congress Regarding Epstein Files

Glenn Kirschner asserts that Pam Bondi lied during her congressional testimony by stating there was no evidence in the Epstein files indicating Donald Trump committed any crime. This statement is considered 'inarguably a lie' because documents released show a teenage girl accused Donald Trump of criminal conduct.

Bondi's flat-out statement in congressional testimony: 'there's no evidence in the Epstein files that Donald Trump committed any crime.' This contradicts seen documents where a teenage girl accused Trump of criminal conduct.

2Legal Basis for Criminal Charges: Lying and Obstruction

Lying to Congress is a violation of federal statute 18 U.S. Code § 1001 (false statements to Congress), akin to perjury. Additionally, Bondi's actions could constitute obstructing a congressional proceeding, similar to obstructing justice.

Citing 18 U.S. Code § 1001 and the concept of obstructing a congressional proceeding.

3Precedent for Prosecuting Lying and Obstruction

Roger Stone was criminally charged and convicted for lying to Congress and obstructing a congressional proceeding to cover up Donald Trump's wrongdoing. James Comey was also indicted on similar charges, though the hosts note those were politically motivated and lacked credible evidence.

Roger Stone's conviction for 18 U.S.C. § 1001 violation and obstructing a congressional proceeding (). Mention of James Comey's indictment on similar charges ().

4Overcoming DOJ Conflict of Interest with Court-Appointed Special Prosecutor

When the Attorney General is the subject of a criminal referral, the Department of Justice is inherently conflicted. The standard special counsel procedures keep control with the Attorney General. A novel approach involves Congress petitioning a federal court to appoint its own special prosecutor. This 'maiden voyage' would create new precedent, similar to how courts appoint independent prosecutors to vindicate their own rights when court orders are violated and the DOJ refuses to act.

The AG would not investigate her own crimes (). The special counsel statute keeps control with the AG (). Proposal for Congress to petition the court to appoint its own special prosecutor (). Precedent for courts appointing special prosecutors when court orders are violated ().

5Impartiality of the DC Court System

The DC court system, including federal district and circuit courts, is known for divorcing politics from legal questions. Judges, even Republican appointees, have consistently ruled against the Trump administration based on law, facts, and the Constitution, making it a favorable venue for such litigation.

Mention of Judge Boseberg, Judge Chutkin, Judge Leon, Judge Barl Howell, and Judge Carl Nichols consistently ruling against Trump administration based on law, not politics.

6Timing of Accountability and Ongoing Crime

While the 'time is always now' for accountability, practical steps like congressional contempt votes and criminal referrals depend on Democratic control of the House. The alleged crime of covering up the Epstein files is ongoing, as the files were legally mandated for release by December 19, and the statute of limitations for Bondi's alleged lie will still be active when a new president takes office, clearing the path for full criminal prosecution.

Quote 'The time is always now' (). Need for Democratic control of the House for contempt votes (). The crime of cover-up is ongoing (). Statute of limitations for lying to Congress will still be active for a new president ().

Lessons

  • Understand that accountability for high-ranking officials can involve complex, multi-branch legal strategies, especially when conflicts of interest exist within the executive branch.
  • Recognize the importance of congressional control in initiating accountability measures like contempt votes and criminal referrals.
  • Consider the potential for federal courts to play a direct role in ensuring justice by appointing independent prosecutors when traditional mechanisms are compromised, potentially setting new legal precedents.

Pathway to Accountability for a Conflicted Attorney General

1

Democrats gain control of the House of Representatives.

2

House committees vote to hold the Attorney General in contempt for lying to Congress and obstructing proceedings.

3

The House issues a criminal referral to the Department of Justice, recommending charges under 18 U.S.C. § 1001 and for obstruction.

4

Recognizing the DOJ's conflict of interest, Congress petitions a federal court (e.g., in DC) to appoint an independent special prosecutor.

5

The court, potentially setting new precedent, appoints a special prosecutor to investigate and, if evidence supports it, prosecute the Attorney General.

6

Upon a new presidential administration that prioritizes the rule of law, full criminal charges are brought against the Attorney General, leveraging the ongoing nature of the crime and remaining statute of limitations.

Quotes

"

"She said flat out in her congressional testimony, there's no evidence in the Epstein files that Donald Trump committed any crime. That is inarguably a lie."

Glenn Kirschner
"

"You can't make precedent if you don't do something for the first time. So I think if you have this kind of unccurable problem with the mechanisms that we have available when there's a a conflict that DOJ is put into, we can go to the court."

Glenn Kirschner

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