Limits of Procedural Fixes Against Abuses of Power

Donald Trump has crossed an important redline: He ordered his administration to prosecute former FBI Director James Comey, fired the prosecutor who told him he had no case, and installed a lackey who did as ordered. In this episode:

* What distinguishes the (weak, losing) Comey indictment from past abuses of prosecutorial power?

* Why Comey shouldn’t try to get the charges dismissed on selective prosecution grounds, and should instead demand a speedy trial.

* If Trump thinks his revenge tour was “litigated in the election, might a humiliating defeat at the Comey trial be the beginning of the DOJ’s new role as tip of the spear of Trump’s retribution campaign?

Then, on the eve of the government shutdown, Brian and Matt look ahead to likely end games. Has the Democrats’ confused posture in the standoff doomed them, or can they reorient everyone in the party to make arguments they can really commit to long-term? Will the public’s presumptive sense that Republicans are to blame for government shutdowns insulate Democrats from backlash? And, as long as they’re keeping the House shuttered to prevent votes on releasing the Epstein files, will Republicans be able to exploit their advantages in this fight?

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Further reading:

* Brian argues that if Democrats want a big fight over health care, there are ways to engineer one without shoving it into a fight over the annual budget.

* Matt argues Hillary Clinton should have demanded here day in court during Trump 1.0 because the email scandal was bullshit.

* Brendan Nyhan on the Comey prosecution precedent.

* Josh Marshall on the power dynamics of the shutdown fight.