The Lawfare Podcast Rational Security: The “I’ve Never Done THAT Before!” Edition
4 snips
May 7, 2026 
Roger Parloff, senior editor who adds legal history context; Molly Roberts, senior editor offering legal perspective on domestic security; Tyler McBrien, managing editor who analyzes policy and law. They debate Comey’s seashell “8647” indictment and prosecutorial motives. They unpack War Powers questions after 60 days of Iran hostilities. They scrutinize efforts to justify Trump’s DC construction projects with national security claims.
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Driver's "I've Never Done That Before" Defense On The Road
- Tyler McBrien shared a personal cycling accident story where the driver said "I've never done that before."
- The anecdote illustrated everyday danger and the odd rationales people give after causing harm.
Politicized Prosecutions Are Being Escalated
- The Comey seashell indictment reveals a pattern of politically driven prosecutions under the current DOJ leadership.
- Todd Blanche pursued a weak true-threat case that Pam Bondi previously resisted, signaling a tougher posture toward Trump's enemies.
Recent Supreme Court Guidance Tightens True Threat Standard
- Counterman v. Colorado raises a higher bar for true-threat prosecutions by requiring at least recklessness about causing fear.
- Roger Parloff noted Comey's seashell post is far more ambiguous than prototypical true threats like repeated targeted threats in Counterman.
