About this episode

The episode discusses DHS funding, the indictment of James Comey, and the strategic missteps of the GOP.

Mike, Justin, and Kirby open this supporters’ exclusive midweek episode with the fight over DHS funding, where a bipartisan deal appears to keep most of the department funded while leaving ICE and Border Patrol outside the agreement for now. Mike argues that Democrats didn’t get the statutory limits on raids, masks, and body cameras they wanted, but may still have forced some moderation in enforcement tactics after Minneapolis. Justin sees the deal as a likely temporary fix and argues that the bad optics of aggressive enforcement gave Democrats more room to hold out. Kirby thinks the shutdown exposed poor strategic thinking on both sides, with Republicans taking an issue where they had an advantage and damaging themselves through overreach. Next, the guys turn to the indictment of former FBI Director James Comey over his Instagram post showing seashells spelling out “8647.” Mike argues that the indictment is legally thin because true-threat doctrine requires evidence that Comey intended, or at least recklessly disregarded, that the message would be understood as a threat. Kirby sees the case as unserious on the merits but serious as a signal that the Trump DOJ is using process…

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