In short
Podcast Summary: The Beat with Ari Melber
Episode Title
Epstein Bombshells Rock Elites from White House to England
Air Date
February 25, 2026
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Episode Overview In this episode, Ari Melber discusses the resurgence of controversy surrounding Donald Trump's connections to Jeffrey Epstein, particularly accusations of a cover-up involving the Department of Justice (DOJ). The episode features guest appearances by Emily Bazelon, a legal writer for The New York Times Magazine, and Nancy Erika Smith, a civil rights attorney.
Key Points Discussed
- Trump and Epstein Files
- Accusations Against Trump: Reports indicate that Trump's name appears in previously withheld Epstein files, with accusations suggesting misconduct.
- DOJ's Alleged Cover-Up: NPR and other outlets claim that the DOJ removed key documents related to Epstein that implicate Trump. There are accusations of an illegal cover-up to protect him.
- Political Fallout: Trump's refusal to acknowledge the Epstein topic during the State of the Union address is noted as politically significant, especially given his previous promises of transparency regarding Epstein.
- Public and Political Reaction
- Survivors' Attendance: Epstein survivors attended the State of the Union but were not acknowledged by Trump, highlighting a disconnect between his political rhetoric and the lived experiences of survivors.
- Bipartisan Efforts: There was significant bipartisan support for the Epstein-Files Transparency Act, yet Trump's failure to mention this success in his address raises questions about his commitment to transparency.
- Demands for Accountability: Survivors and advocates are pressing for accountability and the release of documents that may incriminate powerful figures, including Trump.
- Broader Implications of the Epstein Scandal
- Impact on Other Public Figures: The fallout from the Epstein case has led to resignations and investigations of numerous elites across various sectors, including politics and academia.
- International Developments: High-profile individuals in other countries are also facing repercussions due to their associations with Epstein, illustrating the global reach of the scandal.
- Legal and Ethical Considerations
- Missing Documents: The conversation emphasizes the significance of the missing FBI witness interviews, which are crucial for ongoing investigations into allegations against Trump.
- Potential Legal Violations by DOJ: Legal experts express concerns about the DOJ's actions, suggesting that withholding these documents may violate the Transparency Act.
- Conclusion and Future Outlook
- Persistent Shadow of Epstein: As investigations continue, the Epstein scandal is poised to remain a significant issue for Trump and others implicated, especially leading into midterm elections.
- Calls for Transparency: The episode concludes with a strong emphasis on the need for transparency and accountability, particularly in light of the severe allegations against powerful individuals.
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Key Takeaways
- The episode highlights a critical intersection of politics, law, and ethics, with strong implications for public awareness and accountability in instances of alleged misconduct by powerful figures.
- The discussion underscores the importance of survivor advocacy and the need for ongoing scrutiny of the connections between political leaders and figures like Jeffrey Epstein.
- The potential ramifications of this controversy on Trump's political future and the broader landscape of American politics are significant, especially as investigations proceed.
Guest Contributions
- Emily Bazelon shared insights into the legal ramifications of the missing documents and the implications of a DOJ cover-up.
- Nancy Erika Smith discussed the importance of witness statements to the FBI and the challenges in ensuring accountability for powerful individuals.
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This episode of *The Beat with Ari Melber* serves as a crucial commentary on the ongoing ramifications of the Epstein scandal, integrating legal analysis and public discourse around transparency and accountability in politics.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOTrump and the Epstein Files
1:07 to 3:05
Discussion on Donald Trump's allegations regarding Jeffrey Epstein and file transparency.
“And he didn't address what his administration is doing on this front or the big vote.”
Political Implications of Trump’s Silence
3:05 to 4:37
Analysis of Trump’s avoidance of the Epstein topic and its political ramifications.
“the rest of this year into the midterms, or maybe the rest of this last Trump term.”
Recent Fallout from the Epstein Files
4:37 to 6:40
Exploration of the fallout from Epstein files affecting high-profile individuals.
“We follow this story, and obviously something wrapped up with the President of the United States and what looks like an ongoing cover-up by his Justice Department is a big deal.”
Global Impact of Epstein Revelations
6:40 to 7:35
Discussion of how Epstein revelations have led to international legal actions.
“Start with breaking news about Andrew Mountbatten-Windsor.”
Congressional Actions and Survivor Advocacy
7:35 to 9:26
Coverage of legislative actions taken concerning the Epstein files and survivor advocacy.
“A Nobel Prize-winning scientist out from a top Columbia Institute, Bill Gates, apologizing for his ties to Epstein while reiterating he never visited the island or joined any wrongdoing.”
Trump's Legal Challenges and Accountability
9:26 to 10:30
Insight into Trump's legal battles regarding Epstein and missing documents.
“Maybe by this time next year, the pressure could build further.”
Missing Documents and DOJ Oversight
10:30 to 14:02
Examination of the missing documents in the DOJ’s handling of Epstein cases.
“I think everyone knows what happened there.”
Congressional Transparency and Missing Files
14:02 to 16:56
Learn about the implications of missing documents related to Epstein and Trump.
“And there is no exception in the Transparency Act that would allow these materials to be hidden for any kind of political reason.”
Legal Analysis and Accountability
16:56 to 20:25
Discuss the potential legal ramifications surrounding the DOJ's actions.
“And it seems like the only people lacking accountability as the dominoes are falling all around the world are the Trump regime.”
Impeachment Considerations
20:25 to 21:44
Explore the conditions under which officials could face impeachment.
“that allowed these crimes to continue unchecked for years.”
Show all 16 chapters
The Importance of Document Release
21:44 to 23:46
Understand the significance of releasing documents and the public's right to know.
“I mean, it's been simmering for a long time.”
Post-Speech Reactions and Analysis
25:39 to 28:00
Hear reactions to the president's recent speech and its implications.
“At DSW, we ask the important questions, Like, what shoes are you going to wear?”
Trump's Presidential Moments and the Epstein Discussion
28:00 to 31:34
The hosts analyze Donald Trump's speech and his approach to sensitive topics like Jeffrey Epstein.
“that Donald Trump actually sounded like a president.”
Economic Challenges Ahead of the Midterms
31:34 to 35:35
Discussion on the current economic issues facing Trump and the implications for the upcoming elections.
“John Stewart used to joke that reality has a well-known liberal bias, meaning he felt like facts were often just treated as something that only a certain group of people concern themselves with.”
The State of Democracy and Press Freedom
35:35 to 38:22
Exploring the impact of Trump's actions on First Amendment rights and press freedom.
“I want to be clear, they're not 100 % sold on what the Democratic Party is doing.”
Exploring The Beat Podcast
42:39 to 44:12
Learn about the additional content and guests featured on The Beat podcast.
“You know, we try to follow the news and share it all with you live with.”
Transcript
Automatic transcript. May contain errors.0:04Ari Melber:You do it all. So why not get all the electrolytes? Hydrate better than water with new Gatorade lower sugar.
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0:45Emily Bazelon:Welcome to The Beat. I'm Ari Melber. Smiles for Ali, but we turn to a more serious story right now, because the top story is the news that Donald Trump is accused in the Epstein files, and that his government is hiding the very Epstein files about it. NPR reporting that bombshell heading into the State of the Union where President Trump faced the long shadow of Jeffrey Epstein. Indeed, it was one of these split-screen moments, depending on how you took in the State of the Union, because as I'm showing you right here in these photos, about a dozen Epstein survivors attended, and others showed their support for the survivors and transparency in various ways, including visible stickers and other insignia.
1:23Emily Bazelon:Trump didn't even acknowledge them. And he didn't address what his administration is doing on this front or the big vote. Trump is hiding the files. That's according to credible independent reporter. Trump is hiding the files, according to lawmakers in both parties who have actually gone in to review them, the ones that they did release. And while politicos, people who follow this and say, okay, but isn't it obvious that Donald Trump would duck the issue in his speech because it's a weakness? even if it was the longest State of the Union ever, so he had time to hit all kinds of topics. But politically, people might say, why bring up your own weakness in the speech?
2:03Emily Bazelon:But think about this tonight. His refusal to address the Epstein topic is still a total reversal from his recent campaign where Donald Trump ran on Epstein justice and transparency. He told interested MAGA podcasters more than once he would release the files, get to the bottom of this. I know that some people think it is cool to sound unexcited or unkind of surprised and cynically just down with everything that's happening these days. But this is, if you look at the actual facts, a total reversal. And he didn't release the files, as he told those podcasters. He spent last year fighting it. Then he lost in Congress, which forced him to release millions under the new law.
2:47Emily Bazelon:And yet he's still hiding the ones that implicate him, according to multiple reports. So Trump has dragged out this issue. He has actually made it last, angering MAGA supporters and Epstein victims alike. At this rate, Donald Trump's approach could ensure the Epstein issue haunts him through the rest of this year into the midterms, or maybe the rest of this last Trump term. So on substance, that's a betrayal of his promises. and on the politics, it is at a minimum odd, noticeably odd, and hurts his Republican Party. Unless, new reason that maybe full transparency would hurt Trump even more. Remember, it's not so long ago that Trump was publicly and angrily denying even sending Epstein a birthday greeting, however, quote, body or illicit, it's a card.
3:39Emily Bazelon:He sued Fox News' sister outlet, the Journal, for even reporting that. and then I want to remind you what came after that. That might have just gone away, but then we got the birthday greeting here from an earlier file released via Congress that would corroborate the story. Trump has not dropped the lawsuit, which looks likely to lose. Trump likely to lose it, given the evidence you see on your screen, and Trump saying that thing that exists that came directly from the Epstein estate didn't happen and doesn't exist. It was also pretty big news when Trump's name first surfaced in some files, But those initial reports, deemed scandalous at the time, are dwarfed by the new reports this week of a possibly illegal DOJ cover-up of these FBI interviews with an Epstein-linked Trump accuser in these files.
4:28Emily Bazelon:It's really something. And every time there's been more evidence, more files, and more information, it's gotten worse for Trump. But not just Trump. We follow this story, and obviously something wrapped up with the President of the United States and what looks like an ongoing cover-up by his Justice Department is a big deal. You would start there. You often cover these stories by starting at the top. But if you've watched our coverage, we continue to journalistically report on this wherever it leads, and it has hit many other individuals. You could pull together just the action of the last few weeks, and it's a lot.
5:02Emily Bazelon:powerful people in multiple countries linked to both parties in America, losing jobs, some losing their whole companies, facing legal probes, arrests in England. We keep updating this list, and it's just one way to see part of it in one picture. Right now, I'm going to show you another way to document this. Here is some of the news and the bombshells of just the past few weeks reported by this and other news outlets in under two minutes.
5:34Ari Melber:We actually have some breaking news related to Jeffrey Epstein. Former Treasury Secretary Larry Summers is resigning his academic and faculty appointments at Harvard, the latest chapter in an extended fall from grace for the renowned economist over his extensive ties to Jeffrey Epstein. Billionaire former Victoria's Secret CEO Les Wexner testified today in the House's investigation into Jeffrey Epstein. Commerce Secretary Howard Lutnick was grilled by senators on Capitol Hill today over his appearance in recently released Epstein files. Fallout from the Jeffrey Epstein files has now reached one of the largest investment banks in the world, Goldman Sachs.
6:14Ari Melber:The bank's chief legal officer, Kathy Rumler, now says she is resigning. New Epstein fallout. Hollywood heavyweight Casey Wasserman is putting his namesake talent agency up for sale. Celebrity doctor Peter Atiyah has resigned as a contributor at CBS News. Documents show he exchanged messages with Epstein even after Epstein's 2008 conviction. The fallout from the revelations in the Epstein files has now led to a one in 400 year event. Start with breaking news about Andrew Mountbatten-Windsor. The BBC understands that he has been arrested on suspicion of misconduct in public office.
6:50Emily Bazelon:Regarding those links with the convicted pedophile, the late pedophile, Jeffrey Epstein,
6:56Nancy Erika Smith:the biggest story in the world right now, that is the arrest of Andrew Mountbatten-Windsor.
7:01Ari Melber:L 'ex-prince Andrew, technically, he is the royal family. Searches are currently ongoing at Royal Lodge. There's a maximum sentence of life imprisonment for Andrew. the first senior royal in modern history to be arrested. In the past few days, revelations from the release of the Epstein files have nearly brought down a prime minister, implicated royals, and launched investigators around the world into action.
7:29Emily Bazelon:All those developments driven by the Epstein files that Congress forced the DOJ to release. And the pressure continues. A Nobel Prize-winning scientist out from a top Columbia Institute, Bill Gates, apologizing for his ties to Epstein while reiterating he never visited the island or joined any wrongdoing. A former governor, Democrat Bob Kerry, out from an energy company board. And while Trump's secrecy may be all about Trump, former Governor Kerry is not the only Democrat facing heat for an Epstein link. The new files have ousted a top official for Democratic presidents, as mentioned ex-Treasury Secretary Larry Summers.
8:08Emily Bazelon:He had tried to already step back from the university he once ran, Harvard. But new today, the former boss is out, pushed to resign his teaching posts that he had tried to salvage. Summers losing a role that was the capstone of his career. Just as Democratic lawyer Kathy Rumler was recently ousted from the elite bank of Goldman Sachs, mentioned in that montage we just showed you, those are two people at the top of the Democratic Party punished for their Epstein ties. while Donald Trump and his commerce secretary, who lied and was caught visiting Epstein Island by the files, are resisting calls for accountability for them, that they have their own Epstein exposure.
8:50And if this were the end of the story, it might look like maybe Donald Trump outran this scandal too.
8:57Emily Bazelon:But for many, including the legal process in the UK and elsewhere, this is the beginning. those pieces of information and arrests and other accountability I just showed you are all in just these first weeks since the new files came out. Now, few people thought Republicans would join the effort to make Trump release the Epstein files that led to all this heat. If you go back, say, a year when Trump was riding high and fresh off his election. That's just about a year ago. Maybe by this time next year, the pressure could build further. One survivor pressing the contradiction of President Trump, avoiding any mention of the State of the Union of one of the most bipartisan, sweeping actions Congress has actually taken in this past year.
9:48Ari Melber:All of the survivors have been advocating for months we did help get an act of Congress, a bipartisan vote, on the Epstein-Files Transparency Act. I mean, that was an accomplishment that every American could celebrate, right? That was never brought up as part of this State of the Union. You know, there were opportunities and they weren't taken, and it is noted.
10:16Emily Bazelon:Trump campaigned on releasing the files. Then he famously, loudly, furiously fought against the thing he claimed to support. And then Congress made him do it anyway, and he released the files. And there was a day or two where he pretended to say he was for that in a very transparent political effort to spin the loss. Didn't really work. I think everyone knows what happened there. And the proof is in the State of the Union, because had he thought that he could continue spinning that, or if he genuinely thought this was a good thing he supported, he might mention it. it was the most bipartisan legal action the Congress took under this administration.
10:54Emily Bazelon:It just happened to be against the Trump administration. He's hiding the files, only he can explain why. And he's hiding the fact that they released some of the files because apparently he's not proud of that. This story is not going away. Not for some of the Democrats I mentioned there who worked with President Clinton and others, and clearly not for the current president of the United States. Emily Bazelon and Nancy Erica Smith are here when we're back in 90 seconds.
11:24Ari Melber:The Justice Department withheld dozens of pages of material that appear to relate to allegations against Donald Trump himself. Allegations concerning concerning a 13 or 14 year old child. There are documents in possession of the Justice Department that he controls involving allegations of him abusing a minor child. And he's going to step up to a microphone. So, yeah, we've never seen this before.
11:56Emily Bazelon:The new Epstein stories about Donald Trump and the DOJ cover up casting that shadow right up until Donald Trump, as our colleague Lauren said, stepped up to address the country. Nearly 100 of the 300 FBI witness interviews appear to be missing. That's per CNN, NPR, and MSNOW's reporting indicate three of those files involve these accusations against Trump, who has denied wrongdoing in connection with Epstein, including regarding these, what are still unreleased, potential allegations. Donald Trump's former criminal defense attorney was installed at DOJ, and he was, we're now learning, telling staff to flag certain documents that involve witness interviews, the same type of material that is now apparently missing.
12:35Emily Bazelon:Not only that, he was doing it long after the legal deadline to release all the files, which raises questions about what is at least an unusual tardy effort to review and maybe hide certain files which are now missing. House Democrats opening a probe into all of this. We're joined by Emily Bazelon, legal writer with The New York Times Magazine, and Nancy Erica Smith, civil rights attorney who has represented victims of sexual assault. Welcome it really has built up over time. And I showed in our in our lead how we went from Donald Trump being upset at just a vague reference. He's in the files.
13:11Emily Bazelon:Elon Musk famously posted that. And unlike other things Elon Musk posts, it turned out to be true. But that was just a mention. Right. Then it was the birthday card. He sued over it. No, he wrote the birthday card. Now it's missing witness interviews. What do you see here on the facts?
13:28Ari Melber:I mean, I have so many questions. Who is this woman? What did she say exactly? Did the FBI try to corroborate her accusations? What happened? Why did this trail apparently grow cold? And then separately from that, from her credibility, why are these files missing? Right. Because it's possible that none of this adds up, but there's a lot of material being released that is just a swirl of accusations that the government did not necessarily corroborate, that certainly did not previously lead to indictments. So the normal standard for releasing this kind of material, which normally wouldn't see the light of day, we're already way past that.
14:10Ari Melber:Congress said we're releasing this. And there is no exception in the Transparency Act that would allow these materials to be hidden for any kind of political reason. Right. They're supposed to be these narrow exceptions. And the Justice Department has not explained why these particular files are missing yet.
14:26Emily Bazelon:And there's no uniformity. Lawyers look at a situation like this and say, if you were really concerned that things that were totally unverified or had already been debunked shouldn't just go out into the world about XYZ person, then you'd have a standard for XYZ. Well, prominent people, Marilyn Monroe and Janis Joplin, strangely on the DOJ list, out of incompetence, but other prominent people have faced completely unsourced allegations. So they don't seem to have a standard that says, hey, we had to draw a line somewhere. It appears with Mr. Blanchard's involvement that the line may have been illegally protecting President Trump.
15:04Ari Melber:Right. And that would be a really serious violation of this law, right? Because the law says that you can make an exception to protect victims. And then largely the rest of the exception is supposed to be an ongoing federal investigation. Well, presumably there is not an ongoing federal investigation of President Trump. That is very hard to imagine from this Justice Department.
15:26Emily Bazelon:And Pam Bondi said all Epstein probes were over.
15:28Ari Melber:Exactly. So if that door is shut, then what is going on here?
15:33Emily Bazelon:Yeah. Nancy, your thoughts on all of this tonight? Right.
15:35Ari Melber:Well, witness statements to the FBI are the most significant records in these files. Lying to the FBI is a crime. You know, ask Martha Stewart. So nothing could be more important to the Transparency Act than witness statements to the FBI. Now, the excuse that the DOJ gave, two excuses. One was that some documents contain untrue or sensationalist claims against the president. Well, that's clearly not an exception. The other exceptions they claim were we only took out duplicates, some documents were privileged, and some relate to ongoing investigations. As Emily noted, the DOJ has already told us that there are no ongoing investigations.
16:21Ari Melber:They said they were unfounded, even the claims were unfounded, even without conducting investigations. But the privilege claim is really specious. It's not credible at all. What kind of privilege is there for FBI statements by witnesses? There is no privilege. And these documents were turned over to Maxwell. So they can't even claim that there was a privilege. If there was, they waived the privilege by giving these documents to Maxwell. So clearly there is a cover-up going on. And the scary thing is that the DOJ is involved in it. And it seems like the only people lacking accountability as the dominoes are falling all around the world are the Trump regime.
17:05Ari Melber:There's no accountability. And the cover-up is outrageous.
17:09Emily Bazelon:Right. Total contrast to other countries, as you mentioned. I'm curious how you look at this as a lawyer, Nancy, about the worst case cynical take that nothing will ever happen has been proven false. We got the law passed. We got a lot of material out there. It's not only the United States that matters or only Donald Trump that matters. If you pull back at Justice for Victims, we have advocates for victims who are saying, however late, the release of some of these files leading to a process in the UK, they say is a step forward. So on the one hand, progress. On the other hand, Nancy, huge allegations of cover up from credible people, including Republican Tom Massey.
17:49Emily Bazelon:And the NPR reporting goes in and quotes the missing numbers in civil law. We sometimes call Bates numbers or tracking numbers. But for people's knowledges, there's a lot of documentation. So they found that, oh, you hid this, but we can see 60 missing file numbers. As someone who's litigated, how do you view that? Because most people don't follow it in this arcaneo or detail that the way the system works, it is actually hard to have a full blown cover up to disappear everything.
18:18Ari Melber:It really is. And and I think that the Dems should be in court tomorrow asking a federal judge to have all of these documents released and to sanction the attorneys, including Todd Blanche, who have participated in a violation of law. This is a violation of the law. This is not even just a court ordered discovery ruling. This is a law passed by Congress, as you pointed out. So they're absolutely in violation of the law. You say sanction, you can go and they could go farther than that.
Read the full transcript
18:50Emily Bazelon:We don't know. We are still reporting on what Mr. Blanche and others were doing. But if it were proven that he was knowingly trying to break this law for Donald Trump or any person's benefit, what if it's some other billionaire benefactor? If he were knowingly doing that as the standing deputy attorney general, a Congress might view that as impeachable.
19:10Ari Melber:Yeah, and they said it. They said the DOJ, one of the DOJ statements is we withheld documents that contain untrue or sensationalist claims against the president. In a court that I would go into, I think a judge would say that's an admission that you're violating the law because that is not an exception in the law that it's going to hurt the president. Yeah, and I'll just jump in again and I'll let you finish.
19:35Emily Bazelon:But people who want transparency aren't providing exceptions, certainly not for powerful men, if you want to call it that. But they're not doing exceptions anymore. There's been years of secrecy. So for people who say they want transparency, there are those who said, oh, the photo of former President Clinton doesn't prove misconduct. And lawyers would say that photo alone does not. But you don't hold it back just because he was president. transparency is transparency including for the powerful not an exception for oh i don't know your current or former president whatever party you would think that it would be even more
20:12Ari Melber:important for transparency for the president of the united states but i really credit the survivors here the survivors have been so brave and so consistent and and one of them said to a federal court yesterday that continued non-compliance perpetuates the same secrecy that allowed these crimes to continue unchecked for years. And their pain is just continuing. And they're so brave and so strong to keep fighting. I really credit them a lot. And I hope the courts start to intervene. And impeachment definitely should be on the table if this cover-up continues the way it seems to be leading.
20:54Emily Bazelon:Right, because, Emily, one of the core reasons officials can be impeached is for misconduct pursuant to their public duties, that they are abusing the public trust. So if you're running the DOJ, and he's running point on this, and you are failing to investigate or faithfully pursue the leads in sex crimes and pedophilia and sex trafficking, which are some of the most heinous and punished crimes in the federal code, and doing it for a political reason, I mean, that would be, again, and they'd have to investigate it, but that would be the grounds for it. But broadening out a bit as we're here coming off a State of the Union where this dog, the president, as I mentioned, you can't claim you're for this and then, oh, you didn't mention it all in your big speech.
21:37Emily Bazelon:Obviously, you're not proud of this. How big is this story at this point? You've covered a lot of these type of legal political stories. How big is it?
21:44Ari Melber:I mean, it's been simmering for a long time. It blows up in a big way periodically. I think, you know, to an extent that a year ago might have seemed surprising, But there's real bipartisan energy behind it and all these remaining unanswered questions. Right. It also, you know, we were talking about the serial numbers and the idea that you could have documents that are hidden, but there's still some record. There's an inventory of them. But and that part doesn't necessarily get taken out of the record. That kind of makes sense when you're dealing with millions and millions of pages of documents the way they are.
22:21Ari Melber:So that is just, you know, intriguing in itself. And I think the main thing here is that this story is now it's it's not going to go away.
22:31Emily Bazelon:Well, and if you if you go on the Internet, you've been on the Internet.
22:34Ari Melber:Occasionally.
22:35Emily Bazelon:There are folks posting and saying things like, oh, I think the conspiracy goes all the way back to the beginning and the top. And I understand that line of reasoning. But that's not how federal documents work when you have multiple civil and federal cases and different document centers. And so in the same way that federalism is clunky and annoying, but then sometimes you're like, oh, 50 states, it's harder to steal an election.
23:00Ari Melber:Redundant. Yeah, it's a good thing.
23:02Emily Bazelon:This part of the law, which I think people have learned about, we've all been going to law school because Trump has created a lot of legal challenges as a country. But that part of it means that there isn't one person inside the government, even the attorney general, who can go in and start over and renumber everything.
23:20Ari Melber:Exactly. There are some things that might be just too hard to hide. And look, we've been wondering for a long time, why is Trump so opposed to having these files released? Why not claim victory for this law? Why not take a victory lap last night? And until we know the answer to why these files were seemingly withheld, what were they? Who is this person who made these allegations? All of those questions are going to keep swirling.
23:45Emily Bazelon:Yeah. Emily and Nancy, thanks to both of you. Coming up, we're going to look at J.D. Vance grilled on Fox News.
23:55Ari Melber:Let's get to the issue that might clip this administration, and that's the economy. It seems like you're pushing a car uphill. Do you have enough runway to get this economy where it needs to be before November?
24:08Emily Bazelon:Those are the questions. We'll look into that. And the Trump DOJ is trying to search, harass and even jail reporters. They're facing another setback on that today. It's important. We'll get into it. But up next, Michael Steele. He's back in the building. He stayed up late. He got up early. We're going to talk Epstein, State of the Union, why he doesn't believe in the response speech, but he sees problems ahead in the midterms for the GOP party he once led. That's next.
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26:12Emily Bazelon:The president gave a very long speech last night. If you're counting, one of the longest ever, but never got around to addressing the Epstein issue, while 53 % of Americans do believe he's covering up the crimes. Many speaking out.
26:27Ari Melber:The days of powerful men operating with impunity are officially over. We're not going to be quiet, and we're here because we want accountability, and we want the files released. There were opportunities and they weren't taken, and it is noted. Our children deserve a world where powerful people cannot harm others without consequence. Mr. President, today we are saying we will not move on and the world is not moving on. Every day we're witnessing the untouchables collapse before our eyes.
27:08Emily Bazelon:one of the survivors there as you could see was speaking with our next guest michael seal hosts the weeknight on ms now he once ran the rnc uh and we tag teamed as we did with so many of our colleagues uh watching that thing together and reacting together and as you know you take it in you have your first reaction um now we get to our second reaction it's settled in 22 hours later your thoughts as it's all been absorbed?
27:34Nancy Erika Smith:Look, the whole thing leading in, Donald Trump bragged it was going to be long because it was intentional for him to go long and to set a record or whatever. OK, so he's got a play in his head that is not the narrative that his chief of staff or his political shop or his policy shop wanted the president to get through. It really wasn't until the end, if you go back and look at the very end of that speech, that Donald Trump actually sounded like a president. When he was talking about, sort of thinking about the context of our 250 birthday coming up this year and what that meant, the things that we had done as a nation, starting as 13 colonies and going forward.
28:16Nancy Erika Smith:And the lifespan, generation to generation. Yeah. Somebody wrote that. Somebody wrote that. And he actually read it. Yeah. And he actually read it because at the end he was tired.
28:27Emily Bazelon:And by the way, there was a one beautiful moment when he recognized the veteran who'd lived to 100. That's it. And I was watching and thinking, I swear, I'm being honest. I was watching and thinking, well, this is a proper moment. And I watched the room respond for him. And I was thinking, I swear, I was thinking, all right. So he's not getting in the way of this. If you live to 100 and you fight off and you almost die for your country, he's not getting in the way of this. I was really thinking that. And then he got in the way. And then right after he goes, I should give myself a congressional medal, but that's not allowed.
29:03Emily Bazelon:And I thought, wow, you really, it was like from the soul, you couldn't just let that man's moment stay. He had to joke about giving himself an award.
29:11Nancy Erika Smith:Exactly. And that is why, in a real sense, Ari, he will not address the survivors of Jeffrey Epstein. Because he can't afford to get in the way of that moment. Because that would then expose him. What do you say? How do you make it about you? His megalomania would trigger some response that would make this a deeper rabbit hole for him than the one he's already in. So you have those storylines that evolved 24, 22 hours ago. What you've seen since then is a settling in around the country that the women who have been impacted by Jeffrey Epstein, the economies of families and communities around the country, the engagement with a military slash ICE that is antithetical to our governance structure.
30:05Nancy Erika Smith:All of those things still remain very palatable for the American people 22 hours after that speech.
30:11Emily Bazelon:Yeah.
30:12Nancy Erika Smith:There's nothing he can do about that.
30:14Emily Bazelon:And let me show you to this point on TikTok where people just sort of on their phone give their first reaction. As we did ours last night, here's what's people noticing the Epstein hole, if you will.
30:26Ari Melber:That State of the Union address was a hot mess, y 'all.
30:29Emily Bazelon:The all-expected half-truths, full lies. There was zero mention of the Epstein files because of course not. Now the bus expected him to bring up the Epstein files. Donald Trump doesn't want to talk about that topic.
30:43Nancy Erika Smith:That's it. He doesn't want to talk about this topic. And there's no way he's going to talk about this topic because he's so much a part of the conversation. And he can't afford to be, which is why he's got his FBI doing everything they can to keep the documents out of the hands of the people who need to see it. And that's the American people.
31:00Emily Bazelon:There's almost a bizarre symmetry to the point you're raising that he makes everything about himself when it's not. Here's something that does involve him. He had a history with this man and his DOJ is in charge of whatever you want to call it. And that he can't talk about. I want to also turn to the popularity problem because people get inured or kind of over all of this and you forget that we actually have metrics to compare him to other presidents. He's the least popular second term president ever. I want to get you on that. Michael stays and we're back after this.
31:35Emily Bazelon:John Stewart used to joke that reality has a well-known liberal bias, meaning he felt like facts were often just treated as something that only a certain group of people concern themselves with. Well, that's not the case today on Fox News, where they got a big J.D. Vance interview coming out of the State of the Union, but the economic problems which are in our reality still came up. Okay.
31:59Nancy Erika Smith:Let's get to the issue that might clip this administration, and that's the economy.
32:02Ari Melber:It seems like you're pushing a car uphill and you've got nine months to turn it around. You know, Democrats are juiced. They are ready to vote tomorrow. Do you have enough runway to get this economy where it needs to be before November?
32:17Emily Bazelon:Well, Bill, in some ways we are pushing a car uphill. There goes that car. As for the uphill part, well, the public has kind of said enough. There is strong disapproval against Trump's economy, which means those numbers you're looking at statistically include a lot of folks who have voted for Trump, at least in one prior election. But they know what's up. The State of the Union speech has been seen as a chance to dismiss the affordability crisis, as one headline put it. Trump didn't offer housing or health care ideas, the nonpartisan political outlet notes. And the other problem is the, quote, lack of restraint.
32:55Emily Bazelon:That's putting it mildly. Trump's speech is the longest on record. The speech last year was the second longest. He is competing with himself when it comes to testing the public's patience. Now, Bill Clinton did give long speeches, although not 108 minutes. You can look to the median length if you go before the MAGA era, and it was a comfortable hour, not dragging almost into two. This speaks to a wider shift. Trump is Trump, people say, but Trump second term is pretty different from where we started. Michael Steele is here. Your thoughts on that point and what could even be likened to late stage autocrat speech length.
33:39Nancy Erika Smith:Well, what do they do? What does the Fidel Castros and the Orbans do? They give these lengthy diatribes. And the reason is they're now trying to convince and reconvince their population about what they're doing. Because at that point or at this point, the population knows that, you know, the game is over. We know what you are. We know what you're doing. We know what we can and cannot do. We know what we can and cannot access. Donald Trump is now in that same space where he's looking at a reality in which they are, you know, arresting five-year-olds. They are, you know, killing American citizens on the street.
34:18Nancy Erika Smith:And he's got all these things, these narratives that are happening. And he's now trying to justify to us why that's OK, why that's good. And so he's going to take more time to do that. It's almost it's almost the bad parent who just sits there and berates you over and over again to convince you that your behavior is bad. But it's actually their behavior, which is the most disturbing in the moment. And so that's where we find ourselves with Trump as a society, as a community of Americans looking at a leader who has failed on all fronts, trying to convince us that there is no failure here, but success.
34:54Nancy Erika Smith:That, you know, the fact that you're paying more for beef, as my friend Simone would like to remind people, is not real. But wait a minute, I'm looking at$3 a pound versus$1.59 a year ago. And so that's the reality that he's now every day going up against. And so he gets on that stage and he's trying to convince us with a compliant, complicit, and otherwise disengaged Republican Congress to convince us that, oh no, a 359 is always what it's been.
35:27Emily Bazelon:And then you look to the midterms, and the Fox host mentioned this, when you look at the termination of vote, the enthusiasm gap, a lot more Democrats are excited to vote. I want to be clear, they're not 100 % sold on what the Democratic Party is doing. If you ask about the brand, look under the hood. But if you talk about turning out, what do you see here?
35:45Nancy Erika Smith:Well, you know, look, the energy is with the Democrats right now for a whole host of reasons, as well as it should be, because they've been winning special elections. They've been winning midterm, mid-midterm elections, if you will. So they've got that energy. At every turn, if I'm a county, state, or the national chairman of the Republican Party, I am concerned because I've got a base that is clearly not as enthusiastic. I've got candidates who have to carry a very heavy bucket of cement. It's not water, baby, at this point. It is cement that the administration has put in there piece by piece through the various, as Politico noted, there are no policies.
36:27Nancy Erika Smith:There are no storylines that they're telling us. So what are these candidates going to convince the voters about? and what are they going to convince a voter to give them the vote for? And that's a hard case to make, particularly if you want to go to Congress. After what we've seen over the last two years and especially this past year, it's a hard case to make for voters and convince them. And so Democrats have the energy. But again, Democrats need to note, I don't necessarily want to be the guy that, you know, you want to go out with simply because the other person wasn't available or you didn't like that person as much.
37:07Nancy Erika Smith:I got to give you a reason to want to go to the dance with me. I got to give you a reason to want to, you know, hang out with me. And that's what Democrats and particularly candidates have been successful at, at that level. Nationally, it's a different storyline and they've got to marry those two up because they're going to need that energy. Well, you're making the date analogy.
37:26Emily Bazelon:You invite someone to a sold out play on Broadway in New York and they say, wait, when did you get these tickets? How long was this? Is this for somebody else?
37:36Nancy Erika Smith:Yeah, right, right. Nobody wants to feel like that. Right. No one wants to feel like that. And so Democrats, I think, can overcome that if they are successful in getting out of their own way. But the reality of it is no one wants to feel that, but the way the other person is making you feel is worse.
37:56Emily Bazelon:Well, we always love seeing you. I do want to get one official item out of the way. I don't want it to be awkward. What's that? I want to make sure you know you were our first choice for this segment tonight. I feel, I feel. This was not a backup. I feel so good because usually it's the Muppet. Michael Steele, always a pleasure. And I want to remind everyone, Muppet or not, A weeknight, 15 minutes from now, you can get Michael and the gang. Up next, First Amendment rights under threat. And yet, Donald Trump losing the bid from Don Lemon to The Washington Post to harass reporters for reporting the truth.
38:38Emily Bazelon:President Trump facing another defeat in efforts to undercut the First Amendment, something the founders protected precisely because they were worried about this kind of abuse. A federal judge has denied the DOJ's bid to search the phone and computers of a Washington Post journalist. The judge says the court, not the government, will review the devices and determine any material relevant to the investigation. In other words, if this reporter is linked to actual illegal conduct, not just reporting, The judge is saying they'll look at it, but they don't even trust the DOJ and the First Amendment protects that kind of abuse.
39:14Emily Bazelon:The judge stated the DOJ searching those devices would leave a government fox in charge of the Washington Post's hen house. No way. This judge also rebuked the administration for basically the way that it has dissembled in this process, calling out the DOJ for basically trying to undercut or avoid a key 1980 law in the original application for this warrant, which safeguards journalists unless there's probable cause the reporter committed crimes. Again, reporting on the government's conduct, even talking to sources who might be committing crimes because they're leaking material illegally, doesn't make the reporter illegal.
39:54Emily Bazelon:If there were, of course, a true and real crime and the judge found that, that's different. But we have the First Amendment for a reason. Or take veteran journalist Don Lemon, who is facing very thin, spurious charges that many experts think are not valid for the reporting he did on a protest in Minneapolis. This isn't just about me.
40:16Nancy Erika Smith:This is about all journalists, especially here in the United States. For more than 30 years, I've been a journalist, and the power and protection of the First Amendment has been the underpinning of my work. The First Amendment, the freedom of the press, the bedrock of our democracy.
40:31Emily Bazelon:Lemon speaking out there fighting the case. Trump has threatened these freedoms with attacks and lawsuits against many outlets. In fact, in a very different example earlier tonight, we mentioned the lawsuit on the left against the journal owned by the Fox News empire of Rupert Murdoch, the Times, the BBC, the tech giants on the right, and then of course, the comics. Think about this. President Trump wants a Justice Department that's going to search and harass reporters for reporting. And then he wants to cancel or harass or minimize comics for telling jokes. Is this the America people want to live in?
41:09Emily Bazelon:Judges increasingly ruling it's not the America allowed under our Constitution. I'll be right back.
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42:42Emily Bazelon:we try to follow the news and share it all with you live with. Sometimes we have extra stuff that we share from our longer conversations with interesting people or what we're doing on our nightly podcast. take a look at some of the voices we've heard.
42:59Ari Melber:Being judgmental to me just means I have standards.
43:02Emily Bazelon:Well, let's just go through it. They scream, embrace for impact. This is a real Dr. Jane Goodall Barbie.
43:08Ari Melber:A Barbie doll that encourages little girls to think that I can do that.
43:13Emily Bazelon:Reaching the summit means...
43:15Ari Melber:Trying harder every day.
43:16Emily Bazelon:Peace and fulfillment. I feel like I'm in the foothills.
43:19Nancy Erika Smith:You have done something positive with the power that the summit has given you.
43:23Ari Melber:that I haven't got there yet, I hope.
43:28Emily Bazelon:Those are longer conversations. You might have seen excerpts of them here along with our other guests, but if you go download our podcast, every night we have a Beat podcast where you'll see not only some of the folks I just showed you in that clip, but our other friends and guests, Andrew and Melissa and Maya Wiley, and sometimes we post extra stuff there and longer stuff. So be sure to check out The Beat with Ari Melber. You can go on Apple Podcasts or wherever you go on podcasts to download. You just go in, of course, to the podcast section on your iPhone. Or, of course, you can use a computer if that's how you get your info.
44:04Emily Bazelon:And search The Beat with Ari Melber Podcast. When you subscribe, you will get our nightly downloads and the extras I mentioned.
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From the publisher
February 25, 2026; 6pm; President Trump is facing heat over an Epstein cover-up, as NPR reports that the DOJ “withheld and removed some Epstein files related to Trump.” MS NOW reports that three of those files involve accusations against Trump, who has denied wrongdoing in connection with Epstein. Emily Bazelon, legal writer with The New York Times Magazine, and Nancy Erika Smith, renowned civil rights attorney join MS NOW's Ari Melber.
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