The Commentary Magazine Podcast: Vance Whines, the Comey Case Collapses
Date: November 25, 2025
Host: John Podhoretz
Panelists: Abe Greenwald, Christine Rosen
Guest: Adam White (AEI Senior Fellow, director at the Seaboard and Grace Center for the Study of the Administrative State)
Main Theme
This episode tackles three intertwined themes:
- The resignation of Marjorie Taylor Greene and what it means about contemporary Congressional dysfunction and the rise of the “crazy monetization” model for right-wing politics.
- J.D. Vance’s rising profile, his performative outsider rhetoric, and the MAGA intellectual fault lines as the 2028 presidential race looms.
- The procedural collapse of the high-profile cases against James Comey and Letitia James, and what this signals about the Trump administration’s approach to the Justice Department, legal chaos, and institutional decay.
Key Discussion Points & Insights
1. Marjorie Taylor Greene’s (MTG) Resignation & Congressional Dysfunction
[03:13 – 11:28]
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Possible Reasons for Resignation:
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Break with Trump over the Epstein files.
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A “beachhead” for a post-Trump run in 2028.
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Pivot to the lucrative right-wing podcast/celebrity ecosystem (Candace Owens, Tucker Carlson, Bannon, etc.).
“Does she just look at Candace Owens and Nick Fuentes and say, man, I want a slice of that podcast pie? They're making millions. I could make millions.” — John [04:39]
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Assessment of MTG’s Legacy:
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Not focused on governance, “stuntman of congressional politics,” and left her Georgia constituents poorly served.
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Her “brand” as a provocateur and possible move to monetize controversy.
“From the Jewish space laser comment on, she's always been wackadoodle and that's her brand.” — Christine Rosen [05:53]
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Implications for Congress:
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Broader dissatisfaction among decent or serious lawmakers due to the hostile, performative environment.
“There's a line of argument about her that's been going on that she quit on the day … her pension kicks in … She is in fact very wealthy…I doubt that she was stirred or manipulated by money in this sense.” — John [06:38]
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Meta Point:
- The House’s declining relevance—choice to atrophy rather than exert coequal power to the executive branch.
“Congress could make itself relevant at 11:30 this morning if it chose to.” — John [12:20]
- The House’s declining relevance—choice to atrophy rather than exert coequal power to the executive branch.
2. The “Duma” Congress & America’s Atrophying Institutions
[11:28 – 14:11]
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Congress Compared to Russia’s Duma:
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Steve Bannon lauded Congress as a rubber stamp, echoing pre-revolutionary Russia.
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Congress is backward-looking and accusatory, rather than forward-looking and legislative.
“Congress was made to look to the future and make broad laws for it. Now it … looks at what's happened in the past and makes narrow accusations…” — Adam White [13:09]
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Host’s Interlude:
- John praises this as “aphoristic in the extreme” [13:50].
3. Ukraine, Russia, and the Uncertainty of U.S. Foreign Policy
[15:23 – 22:25]
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Conflicting Signals & Leaks:
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Early news suggested a U.S.-brokered Ukraine-Russia peace; quickly retracted.
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Negotiations (featuring Kushner and Witkoff) have dropped the Russian-origin 28-point plan for a more Ukraine-friendly approach, though critical issues punted to Russia.
“Apparently the. What's actually going on took a turn for what to me is unambiguously the better yesterday.” — John [18:37]
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Skeptical & Cautious Takes:
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Who is negotiating? Elevation of Army Secretary Driscoll—no diplomatic experience, but close to J.D. Vance.
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J.D. Vance's isolationist rhetoric on X (formerly Twitter).
“J.D. vance puts out a post on X. That's very much the isolationist … look at home.” — Christine [18:55]
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Vance’s Rhetoric:
“The level of passion over this one issue when your own country has serious problems is bonkers. It disgusts me. Show some passion for your country.” — reading from Vance’s tweet [20:17]
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Critique:
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Christine notes that effective governance requires both domestic and foreign policy focus:
“…the whole point of a political party and holding political power is that you do have to do more than one thing at the same time…” — Christine [21:24]
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4. J.D. Vance’s Outsider Pose & 2028 Positioning
[26:08 – 33:00]
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Vance’s Status:
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Notably, he’s no outsider—Yale, bestseller, hedge fund, U.S. Senate, now Vice President.
“You know who's not an outsider? J.D. Vance. Not an outsider.” — John [26:25]
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Analysis:
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Vance attempting to claim the “outsider” mantle is seen as brazen and hollow.
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John counsels that real success in 2028 only comes if his administration is broadly popular.
“…if his effort to claim the mantle of outsider … as opposed against an anti Western government that is an authoritarian, corrupt, authoritarian dictatorship with a president for life is an astonishing act of chutzpah.” — John [27:53]
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Tone Matters:
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Vance is less effective when emotional, with rhetoric bordering on “tantrum.”
“Vance comes across very impressive when he's calm … when he loses it like this, it's very ugly. It's hectoring … it's a kind of tantrum.” — Abe [32:08]
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5. The Supreme Court’s Mixed Signals & Birthright Citizenship
[33:00 – 36:35]
- Birthright Citizenship Legal Murk:
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Uncertainty over whether the Supreme Court will take up challenges to the 14th Amendment’s provision—decision deferred until at least December 5th.
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If the Court overturns birthright citizenship, would be the most consequential ruling in decades.
“…if the Supreme Court were to rule that birthright citizenship… was not actually a thing, that would be the single most significant thing the Supreme Court will do this year or possibly, you know, in decades…” — John [35:07]
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6. The Collapse of the Comey and Letitia James Cases
[36:35 – 42:30]
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Procedural Dismissal:
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Both indictments thrown out because the U.S. Attorney who obtained them was improperly appointed.
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Trump lost power to appoint “interim” Attorneys after 120 days; after that, appointment should shift to district court judges.
“…long ago, President Trump lost his power to appoint interim US Attorneys and…the district court is the one who should have been appointing the interim U.S. attorney. So everything that Halligan did…is null and void.” — Adam White [36:35]
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Wider Justice Department Dysfunction:
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Series of bungled, controversial, or politicized appointments (including TV personalities and underqualified surrogates); mass departures of experienced DOJ staff leading to “complete disarray.”
“…those are the people who know how to actually prosecute federal crimes.” — Christine [47:11]
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7. What Happens Next With Comey/James Prosecution?
[51:20 – 54:54]
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Re-filing Charges:
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Federal law allows six months to refile after dismissal, but legal challenges expected.
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Debate over whether the judge’s “dismissed without prejudice” ruling was proper—likely, but subject to appeal.
“…whenever an indictment is dismissed for any reason, the statute of limitations can be extended by six months…Trump administration could refile in six months.” — Adam [51:54]
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Constitutional Oddity:
- Courts appointing executive branch officials (interim US Attorneys) is a “weird statute” that may prompt future Supreme Court review.
8. The Supreme Court’s Looming Tariff Case
[54:54 – 63:23]
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Potentially Landmark Decision:
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High Court seems skeptical that emergency economic powers granted to the Executive under 1970s law include authority to unilaterally impose tariffs.
“…seemed inclined to disbelieve it…the Solicitor General…had a very tough day at the podium.” — Adam [56:35]
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Remedies Unclear:
- Possible that previous tariffs would be struck without specifying how wronged parties (importers, taxpayers) would be compensated.
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Trump’s Response:
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Even if case is lost, Commerce could try alternate legal justifications for tariffs; administration unfazed.
“…Court is…in the legal question answering business, not the practical remedy administration business. That is something for the lower courts to handle.” — Adam [61:44]
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9. Broader Supreme Court Docket: Administrative State in the Crosshairs
[65:14 – 67:56]
- Who v. What Doctrine:
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“Who” cases involve the president’s power over agency leadership and removal; court has often sided with the President.
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“What” cases involve the scope of executive discretion—here, recent trend is to restrict executive overreach on major questions.
“…for 15 years the Supreme Court has continued to just squeeze and squeeze the discretion that presidents have in making policy…But on the who cases, the president's constitutional power to fire people, he's gonna continue to win…” — Adam [67:02]
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Notable Quotes & Memorable Moments
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On Congress' Decline:
“Its entire mindset or posture has changed from a forward looking body to a backward looking, kind of judgmental body.”
— Adam White [13:09] -
On J.D. Vance’s Rhetoric:
“…if his effort to claim the mantle of outsider … is an astonishing act of chutzpah.”
— John [27:53] -
On the Comey/James debacle:
“This is a disaster, but it hurts that it was a disaster that happened in public.”
— Adam [39:29] -
On DOJ Staff exodus:
“…those are the people who know how to actually prosecute federal crimes.”
— Christine [47:11]
Segment Timestamps
| Segment | Timestamp | |---------|-----------| | MTG Resignation, Congressional decline | 03:13–14:10 | | Ukraine peace talks, Vance’s rhetoric | 15:23–22:25 | | Vance’s outsider claims, 2028 positioning | 26:08–33:00 | | Supreme Court: birthright citizenship | 33:00–36:35 | | Comey/James collapse, DOJ chaos | 36:35–47:23 | | Comey/James next legal steps | 51:20–54:54 | | Tariff case, Supreme Court implications | 54:54–63:23 | | Supreme Court on the administrative state | 65:14–67:56 |
Recommendations & Closing
- Historical Rec:
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Dear Mr. President: The Letters of Julia Sand, a 45-min YouTube documentary by the Competitive Enterprise Institute on Chester Arthur and 19th-century civil service reform. Paired as a companion to Death by Lightning (Netflix).
“…amazing story of the intimacy of the US government in the 19th century and how, how easily ordinary citizens could actually reach and get in touch with and affect their, their leaders.” — John [68:51]
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Conclusion
This episode spotlights the professionalization and monetization of political “crazy” (MTG’s exit), the performative populism of J.D. Vance as he eyes 2028, widespread Congressional dysfunction, and the legal and constitutional chaos at DOJ under Trump’s second term—from spectacular indictments collapsing on technicalities to pending, potentially historic Supreme Court cases about tariffs and the administrative state. The panel’s tone is one of sharp irreverence leavened with institutional nostalgia and a strong current of unease at institutional drift and legal improvisation.
Panelists agree:
- The current political climate rewards spectacle over substance.
- Institutional guardrails are eroding as career professionals flee.
- SCOTUS is poised to check the worst excesses of executive power, though remedies may be muddled.
Final note:
Don’t miss Adam White’s latest piece in Commentary on Amy Coney Barrett’s memoir.
For listeners seeking a lively, skeptical, and richly detailed rundown of the week’s political and legal earthquake zones, this episode is essential.
