‘Designated Survivor’ Season 2, Episode 19 ‘Capacity’ Recap: Kirkman On Trial and a Government Shutdown [SPOILERS]

The President is at war. But this time, the fight is with the Cabinet. Last week, Vice President Darby (Aunjanue Ellis) brought in Attorney Ethan West (guest star Michael J. Fox) to act as the Cabinet’s prosecutor for enacting the 25th Amendment. President Kirkman (Kiefer Sutherland) went through a lot this season, but nothing could ever prepare him for an onslaught of personal hits and strikes all intended to take the Presidency away from him. Tonight in “Designated Survivor’s” latest episode, titled “Capacity,” Kirkman goes to trial while facing the onset of a possible government shutdown before his likely ousting from office.

Trial Day

“Capacity” opens with White House Legal Counsel Kendra Daynes (Zoe McLellan) prepping Kirkman for the day’s hearing. West is a significant foe for Daynes as he is both a good and ruthless lawyer. Kirkman expresses his doubts, thinking that West will tear his life apart. Kendra assures Kirkman that they will win. As Kendra wraps up and heads to the prosecution with Kirkman, the President leaves a letter for Darby—in case she turns out to be the President after the hearing.

FBI Agent Hannah Wells (Maggie Q) arrives from the hospital, determined to bring the news to Kirkman that Dr. Andrea Frost (guest star Kim Raver) is responsible for the NASA and Power Grid hacks, as well as Kirkman’s Therapy Tapes leak. She marches in the White House, but National Security Advisor Aaron Shore (Adan Canto) stops her. Hannah is in the same clothes when Damien Rennet (Ben Lawson) was shot and is also in a state of shock. Aaron orders her to go home, collect her thoughts, and bring what she knows to the President later.

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In the trial room, a montage of Kirkman’s witnesses takes the stand to answer questions from West. First up was Dr. Louden (Timothy Busfield), Kirkman’s psychologist and who’s tapes got leaked. Louden firmly asserted that his diagnosis in the leak was taken entirely out of context. He also believes that Kirkman is mentally and physically fit. Next was Aaron, who—despite the question about Kirkman’s declaration of war against Kunami—defended Kirkman’s “irrational” decision by emphasizing that it was the right call to make that time.

Hannah Reveals the Facts

Back in the FBI, Hannah prepares her notes that point out Dr. Frost as the hacker Gamein. Chuck (Jake Epstein), urges Hannah to not act out with rash conclusions, but Hannah is hellbent in revealing to Kirkman that Dr. Forst isn’t who he thinks she is. In the White House, Hannah lays all the data she’s uncovered in the hack investigation, ultimately pinpointing Dr. Forst as Gamein. This revelation surprises Kirkman, and he tells Hannah to not jump into tricky conclusions unless she has more information to prove it. As Hannah leaves, Aaron suggests giving her the benefit of the doubt. However, Kirkman has none of it, especially when his only lady friend is involved. Kirkman then calls up Dax Minter (guest star Chris Butler), his engineer friend, for a meeting. When Dax arrives at the Oval Office, Kirkman asks about his judgment of Dr. Frost’s character—if she’s capable of sabotage. However, Dax thinks it’s entirely possible, but he doesn’t see Dr. Frost as one who would even consider doing it.

A hard deal to close

As the hearing takes a recess, Trey (guest star Breckin Meyer), Kirkman’s brother, confronts West. Trey wanted to make him realize that if West knew what type of person Tom Kirkman is, then he wouldn’t try so hard to bring him down.

Meanwhile, Kirkman, Chief of Staff Emily Rhodes (Italia Ricci), and Political Advisor Lyor Boone (Paulo Constanzo) meets with the two leaders of the Senate Leadership about the medical research budget. They refuse to honor the deal that Kirkman proposed and gives a counteroffer. However, Kirkman wouldn’t sign it. In doing so, this could cause a government shutdown if they won’t come up with a friendly deal. Emily thinks that hard balling the leadership isn’t a good idea, but Kirkman doesn’t want his health care plans reduced to a substandard bill.

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Senator Feller (guest star Zachary Bennett) of the Senate Leadership returns with a startling proposition. Honor the deal they’re offering, or walk away from the Presidency with a government shutdown. It’s clear that the Senate has already heard of Kirkman’s 25th Amendment hearing, using this as leverage for their counteroffer.

Witnesses

As the trial resumes, West brings in Dr. Frost as the next witness, to Kirkman’s surprise. West then asks about whether or not Kirkman shard details about his job with her, to which Frost confirms. It prompts West to dig deeper, revealing information that Kirkman and Frost shared the day of the Science Fair. Outside, Kendra asks Kirkman if they can use what Hannah gave against Frost. Doing this would nullify Frost’s statements and even bring down West. Kirkman, however, refuses. But Kendra isn’t giving up that easy. She calls up Hannah.

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Later, after another recess, Kendra meets with Aaron and Hannah to find out the details about Kirkman and Frost’s conversation. It implies that Frost is undermining Kirkman by working with West. The only problem? Kirkman doesn’t want Frost involved. There’s no way to bring Frost down. But Hannah has an idea.

Hannah confronts West and tells him that she is investigating Dr. Frost for possible criminal conduct. West working with Frost could also incriminate him, as Frost’s testimony is confidential, in light of Hannah’s investigation. However, West provides a document that only tipped him to take Frost in as a witness.

Visibly pissed, Hannah confronts Frost in a restaurant. Hannah causes a scene, branding Frost as a murderer and spills everything that she knows about Frost’s connection the hacks and leak. Frost, on the other hand, tells Hannah that if she ever slanders her in public again, she will make sure that Hannah will not be working for anyone ever.

Tensions rise

Press Secretary Seth Wright (Kal Penn) holds a press conference about the possible government shutdown and assures the reporters that they’re confident that there won’t be a shutdown. After the press con, Seth expresses his doubt about the bill dilemma. Despite that, Emily assures him that it’s going to be okay. She then tells Seth about her fears as she faces the Cabinet hearing. They might bring up her risque decision of ordering Chuck to hack into Moss’s data. The only choice left for Emily to do is to face the music.

During the hearing, West grills Emily about loyalty and the President’s obsession with it. West believes that if Emily is preoccupied with allegiance and listens to what Kirkman says, then the preoccupation must initially come from Kirkman.

Back in Hannah’s FBI office, Aaron confronts her about what she said to Frost. It’s another haphazard decision, so Aaron decides to pull Hannah out of the hack investigation. Later, after Emily’s testimony, she goes to Aaron’s office to mull over what they’re going to do should Kirkman be ousted from office. They then talk about their near-romance and what they could have been if Aaron and Emily acted on it.

After another recess, West recruits former Secretary of State Cornelius Moss (guest star Geoff Pierson) as his latest witness to the stand.

Kirkman’s Presidency in jeopardy

Since Moss has a newly-ignited resentment against Kirkman, it’s safe to say that he had motives in bringing him down from the get-go. Throughout West’s deposition, Moss confirms that Kirkman is mentally unfit to carry out the Presidency. Even as Kendra tries to imply that the President fired Moss, he brings it back to the time when Kirkman covered up his firing by accepting his “resignation” in a press conference.

After another recess, Lyor and Kendra assess the wounds from Moss’ statements in the hearing. And just as things seem far from more danger, Emily brings Kirkman a dossier from the Senate Leadership’s refusal of Kirkman’s deal.

Seeing Kirkman’s imminent defeat, West comes to him with an offer—momentarily step down as President and reclaim his former HUD Secretary position. West believes it’s a win-win for both sides, but Kirkman still wants to fight. But West warns him that the battle will be ugly.

Ben Mark Holzberg/ABC

Back in the courtroom, West brings in Trey into the witness stand. Shocked, Kirkman couldn’t do anything but gape in horror. West then grills Trey about the Kirkman family’s history of mental illness and brings to light Trey’s previous diagnosis of Bipolar disorder. Not to mention, how their mom was momentarily committed to a mental institution. This revelation sends blows to Kirkman, who’s utterly surprised about Trey’s past condition. Kendra fights back by asking Trey if his brother Tom was ever diagnosed with any mental illness, to which Trey denies. Another recess happens, and Kirkman urges Trey to spend some quality time with him after all this is over.

Kirkman regains the upper hand

Lyor and Emily call back the Senate Leadership representatives. The leaders try to reason out with Kirkman’s staff and insist that their offer stands, seeing how Kirkman’s Presidential days are numbered. Kirkman confronts them to say that his deal is the only one standing, because should he be ousted from office, a letter Kirkman left for Vice President Darby instructs her only to sign the agreement that he initially made.

Finally, it’s Kirkman’s time to take the witness stand. As West grills him about Kirkman’s decisions, it’s almost implied that he is bound to lose the Presidency. But Kirkman tires out one last defense—explaining why he needs to fight for a job that he never wanted and asked for in the first place. He acknowledges his errors and comes clean to all the negative fallouts of his decisions. That even if the Presidency has cost Kirkman dearly, he believes that it matters more than anything. Kirkman then leaves to sign the bill.

That night, Vice President Darby informs him that the Cabinet has officially decided on one thing—that Kirkman continue his capacity of being the President. Overwhelmed, Kirkman thanks Darby and asks what made the Cabinet rethink their decision. Darby simply says that it’s two things—Kirkman’s leadership that reminded them of his competence, and Kirkman himself. The same Tom Kirkman that took the responsibility of being the President of the United States is the same person that they saw during the hearing.

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The episode ends with West congratulating Kirkman for his win, but the President has none of it. But despite that, West still thinks he also won the case. After all, his job was to deliver the facts and help the Cabinet come to a sound decision. Later, Kirkman meets with Hannah in the Oval Office to fire her after her irrational actions following Damian’s death.

‘Designated Survivor: Capacity’ Overall Verdict

“Capacity” is an episode that successfully portrays the strengths of Kirkman’s leadership. The past events focused on his weakness as a person, but this time, despite the Cabinet ganging up on him, his real power as a charismatic leader shone through. It’s an excellently-written episode that makes you feel agitated all throughout. Given the victory that Kirkman has just experienced, it’s now time to address the loose ends we have before heading into the Finale in a couple of weeks—is Dr. Andrea Frost a friend or foe?

“Designated Survivor” continues next Wednesday, May 3rd, with “Bad Reception” at 10/9c on ABC.