Bulwark Takes
Bulwark Takes
March 28, 2026

Todd Blanche’s Jaw-Dropping Ethics Violation (w/ Andrew Weissmann) | Illegal News

Quick Read

This episode exposes the alarming erosion of legal and ethical norms within the U.S. government, from questionable financial settlements and conflicts of interest to the Pentagon's attempts to control press access and the Department of Defense's coercive tactics against an AI company.
DOJ settled with Michael Flynn for $1.25M despite his admitted perjury, raising 'legal theft' concerns.
Todd Blanche, a former Trump lawyer, publicly attacked Jack Smith, violating clear ethical recusal standards.
The Pentagon and DoD attempted to control press access and coerce an AI company into unethical uses, showcasing a disregard for constitutional rights and corporate autonomy.

Summary

JVL and Andrew Weissmann dissect several critical legal and ethical breaches within the U.S. government. They begin with the Department of Justice's controversial $1.25 million settlement with Michael Flynn, who admitted to lying to the FBI, framing it as a potential 'legal theft' of taxpayer money. The discussion then shifts to Todd Blanche, a former Trump defense lawyer now in the DOJ, whose public statements about Jack Smith are highlighted as a severe ethics violation due to his prior involvement. The hosts also examine inadvertently released documents from Jack Smith's investigation, suggesting Trump's retention of classified documents might have been for 'business interests.' Further, they cover a federal court ruling against the Pentagon's unconstitutional exclusion of journalists based on viewpoint discrimination. A significant segment focuses on the Department of Defense's attempt to strong-arm AI company Anthropic into allowing its Claude AI for autonomous targeting and mass domestic surveillance, threatening a 'supply chain risk' designation if the company refused. The episode concludes with a tribute to the late Robert Mueller, emphasizing his competence, selflessness, and the critical transformation of the FBI under his leadership post-9/11, contrasting it with current governmental priorities.
The episode reveals a systemic breakdown in governmental ethics, accountability, and the rule of law, illustrating how political influence can subvert justice and public trust. It highlights the vulnerability of democratic institutions when norms are disregarded and the 'honor system' fails. Furthermore, the discussion on AI exposes the urgent need for legal frameworks to keep pace with technological advancements, particularly concerning autonomous warfare and mass surveillance, which could have profound implications for civil liberties and global stability. The tribute to Robert Mueller serves as a stark reminder of the importance of competence, integrity, and non-partisanship in public service, qualities increasingly perceived as scarce.

Takeaways

  • The Department of Justice paid Michael Flynn $1.25 million in a settlement, despite his prior guilty plea for lying to the FBI, which Andrew Weissmann characterized as 'legal theft.'
  • Todd Blanche, a former defense lawyer for Donald Trump, publicly attacked Special Counsel Jack Smith, raising significant ethical concerns about his role within the DOJ due to a clear conflict of interest.
  • Inadvertently released documents from Jack Smith's investigation suggest that some classified documents taken to Mar-a-Lago by Donald Trump might have been retained for 'business interests.'
  • A federal court ruled that the Pentagon's policy of excluding journalists based on viewpoint discrimination was unconstitutional, a decision supported by a broad coalition of media outlets including Fox, CNN, and The New York Times.
  • The Department of Defense attempted to force AI company Anthropic to allow its Claude AI for autonomous targeting and mass domestic surveillance, threatening a 'supply chain risk' designation if the company refused, prompting Anthropic to sue.
  • Robert Mueller's legacy is defined by his selfless public service, exceptional competence, and his successful transformation of the FBI into a counterterrorism organization after 9/11, prioritizing expertise over loyalty.

Insights

1DOJ's Questionable $1.25M Settlement with Michael Flynn

The Department of Justice settled a lawsuit with Michael Flynn, awarding him $1.25 million, despite his prior guilty plea for intentionally making false statements to the FBI. Andrew Weissmann argues this settlement lacks a 'good faith belief' of a meritorious claim, especially since Flynn admitted guilt under oath. This action is framed as a potential 'theft' of taxpayer money, driven by political motivations rather than legal merit, setting a dangerous precedent for future administrations.

Michael Flynn pleaded guilty in 2017 to lying to the FBI, was never sentenced, and was pardoned by Trump in 2020. The DOJ later settled his lawsuit for $1.25 million. Weissmann questions the good faith basis for this settlement.

2Todd Blanche's Ethics Violation and Conflict of Interest

Todd Blanche, who previously served as Donald Trump's defense lawyer, now holds a position within the Department of Justice. He publicly tweeted, calling Jack Smith a 'proven liar' and accusing him of a 'failed vendetta.' This conduct is a severe ethics violation, as a former defense attorney should be recused from commenting on cases they were involved in or related to their former client, especially when now serving in public office. His statements lack factual basis and demonstrate a disregard for ethical boundaries.

Todd Blanche's tweet: 'Jack Smith is a proven liar consistent with these fake accusations from his failed vendetta against the president.' Weissmann states, 'Todd Blanch should not be saying anything about this because he was the president's defense lawyer... You cannot have a role in cases where you were involved as a private attorney. Period. The end. You are recused.'

3Trump's Classified Documents and Potential 'Business Interests'

Inadvertently released documents from Jack Smith's investigation into the Mar-a-Lago classified documents case suggest that some of the highly sensitive materials retained by Donald Trump might have been connected to 'business interests.' This revelation provides a potential motive beyond mere curiosity or personal collection, indicating a more calculated reason for their retention. The sensitivity of these documents was extreme, with some accessible by only six people in the U.S. government.

Reporting on inadvertently released documents indicates Jack Smith's team 'determined that there was a business reason that they could connect as to why certain documents were taken.' Some documents were 'so sensitive that only six people in the US government were permitted to have access to them.'

4Pentagon's Unconstitutional Press Exclusion and Media Unity

A federal district court in D.C. ruled that the Pentagon's policy of excluding journalists from briefings based on viewpoint discrimination was unconstitutional, violating the First and Fifth Amendments. This policy allowed the Pentagon to bar journalists who were critical or asked demanding questions while credentialing individuals like Matt Gaetz and Laura Loomer. The ruling was significant because major media organizations, including Fox, CNN, and The New York Times, united to challenge the policy, demonstrating a rare cross-ideological defense of press freedom.

Judge Paul Freriedman struck down the Pentagon's policy, citing violations of the First and Fifth Amendments. The New York Times, CNN, and Fox News all opposed the policy. The Pentagon credentialed 'journalists' like Matt Gaetz and Laura Loomer.

5DoD's Coercive Tactics Against AI Company Anthropic

The Department of Defense attempted to coerce AI company Anthropic into allowing its Claude AI to be used for two specific purposes: autonomous targeting for overseas killings without human intervention and mass domestic surveillance. The DoD threatened to designate Anthropic as a 'supply chain risk' if it refused, which would devastate its business. Anthropic sued, arguing that Claude is not designed or tested for such uses and that mass domestic surveillance is against its company principles. This case highlights the legal system's struggle to keep pace with advanced technology and the potential for governmental overreach.

Anthropic sued the DoD after being threatened with a 'supply chain risk' designation for refusing to allow Claude AI for 'identifying targets... to kill overseas without human intervention' and 'mass domestic surveillance.' Anthropic stated Claude 'can't do it. It wasn't created to do it. It hasn't been tested to do it.'

6Robert Mueller's Legacy of Competence and Selfless Service

Robert Mueller, who passed away at 81, is remembered as a 'truly great American' who exemplified selfless public service and exceptional competence. As FBI Director, he oversaw the agency's profound transformation into a counterterrorism organization after 9/11, a complex task fraught with potential for failure. His leadership prioritized expertise and dedication over personal recognition, famously prohibiting the use of 'I' in speeches. His model of integrity and effectiveness continues to inspire those in public service, contrasting sharply with current trends of political loyalty over competence.

Mueller took over as FBI Director one week before 9/11 and transformed the agency into a counterterrorism organization. He prohibited the use of 'I' in speeches. Weissmann notes, 'He drove himself harder than anyone.'

Bottom Line

The 'legal theft' of taxpayer money through politically motivated settlements, as seen with Michael Flynn, could become a normalized mechanism for rewarding political allies, bypassing traditional accountability and potentially draining public funds for illegitimate purposes.

So What?

This sets a dangerous precedent where future administrations could weaponize the DOJ's settlement powers to enrich supporters or punish adversaries, eroding public trust and diverting resources from legitimate government functions.

Impact

Develop stronger, non-partisan oversight mechanisms for DOJ settlements, requiring transparent justifications and independent review to prevent abuse of power and ensure taxpayer money is used appropriately.

The Department of Defense's attempt to force an AI company to enable autonomous killing and mass domestic surveillance exposes a critical gap between technological capabilities and existing legal/ethical frameworks, suggesting a future where unchecked AI could bypass human oversight in life-and-death decisions and privacy invasions.

So What?

This indicates a severe lack of foresight and regulation regarding AI's military and surveillance applications. Without clear legal boundaries, the government could compel private companies into developing and deploying AI for purposes that violate human rights and civil liberties, creating a 'mob-like' dynamic where companies are extorted into compliance.

Impact

Advocate for and develop robust, proactive legislation and international treaties specifically addressing ethical AI use in warfare and surveillance. This includes mandating human-in-the-loop protocols for lethal autonomous weapons and establishing strong privacy protections against mass algorithmic surveillance, ensuring the law evolves faster than the technology.

Opportunities

Ethical AI Compliance & Consulting for Government Contracts

Develop a specialized consulting firm that helps AI companies navigate complex government demands, particularly concerning ethical use, data privacy, and autonomous systems. This firm would provide legal counsel, compliance frameworks, and negotiation strategies to protect AI companies from coercive government tactics while ensuring their technology is used responsibly.

Source: Anthropic's lawsuit against the DoD over forced unethical AI use.

Key Concepts

The Honor System in Governance

The legal and governmental systems often operate on an 'honor system,' assuming public servants will act in good faith and adhere to ethical norms. When this system breaks down, as seen with the Flynn settlement or Todd Blanche's conduct, it exposes vulnerabilities in oversight and accountability mechanisms.

Viewpoint Discrimination

A principle that prohibits government entities from restricting access or benefits based on the content or perspective of speech. The Pentagon's attempt to exclude critical journalists exemplifies this, highlighting the importance of free press in a democracy.

Deference to Government

A legal doctrine where courts give significant weight to governmental decisions, particularly in areas like national security or agency expertise. This model is being challenged as political actors increasingly abuse power, making it harder for courts to intervene without appearing to 'second-guess' legitimate government functions.

Lessons

  • Support organizations advocating for judicial independence and ethical conduct in government to counter the erosion of legal norms.
  • Educate yourself on the implications of AI in national security and surveillance, and advocate for clear ethical guidelines and legal frameworks to prevent misuse.
  • Pre-order Andrew Weissmann's book, 'Liars Kingdom,' to understand systemic reforms for authoritarian-proofing legal systems and Sarah Longwell's 'How to Eat an Elephant' for action-oriented strategies to protect the republic.

Notable Moments

Andrew Weissmann recounts seeing Robert Mueller, the stoic FBI Director, in a full spandex biking outfit late at night, a stark and humorous contrast to his public image.

This anecdote humanizes a revered public figure, revealing a personal side that was rarely seen publicly, and reinforces the idea that even the most serious leaders have private lives and routines.

Quotes

"

"What is the difference between your going into the United States Treasury and stealing $1.25 million?"

Andrew Weissmann
"

"Jack Smith is a proven liar consistent with these fake accusations from his failed vendetta against the president. The media should stop slopping up the trash dropped by the Democrats on their path to misleading the American public."

Todd Blanche
"

"You cannot have a role in cases where you were involved as a private attorney. Period. The end. You are recused."

Andrew Weissmann
"

"The law in this area is so far behind what is happening on the ground and you don't understand how much information is out there that people can buy, access, synthesize, and collect and use."

Anthropic (as quoted by Andrew Weissmann)
"

"The issue is not going to be that we don't have something in our file somewhere that could be a lead or could be the red flag. It's it's being able to see it and to recognize it. That's that is going to be the art form. That has got to be that is the skill."

Robert Mueller (as quoted by Andrew Weissmann)

Q&A

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