Neither of them have had consistent performances. Torgy has crashed spectacularly at Worlds, but Max has never even qualified for Worlds and barely qualified for the team this year. Torgy has had jumping problems at all of his competitions this season, but Max has had multiple jumping problems in all of his competitions this season, including Nationals. Neither of them is a good choice. But, Torgy generally has scored better than Max, has beaten Max multiple times (including by almost 20 points in the latest Nationals FS), has a higher technical ceiling, and the judges would think that Torgy has better presentation. I wanted Max to make the team and for Torgy not to make the team, but I really don't see a valid argument for Max to be in the TE.