Lawfare is defined as the use of law and legal process to destroy political and ideological enemies.
Lavrenty Beria, head of the Soviet secret police (NKVD) under Stalin, once said, “Show me the man and I’ll show you the crime.” He meant that if you target an individual, it’s not difficult to fabricate a crime even if the target is innocent. The accusation, arrest, and trial are enough to destroy most people emotionally and financially, regardless of the technical outcome. If you combine this process with corrupt prosecutors and judges, then the destruction of the target is assured.
The abuse of process is against the 5th, 6th, and 14th Amendments of the Constitution, which offer a presumption of innocence, right to counsel, and due process of law. But the lawfare gangs don’t care about the Constitution. They just want to destroy their targets. In this sense, the political targets are not the only victims. The law itself is a victim. That threatens everybody and the country itself in the fullness of time.
Lawfare in Action
The headlines are full of lawfare. Efforts are underway now to remove Donald Trump from the ballot in numerous states in reliance on Section 3 of the 14th Amendment, which bars insurrectionists from holding Federal office. That section was enacted after the Civil War to bar Confederate military officers and civilian officials from holding office in the United States. Many reprieves were granted by Congress. Even Robert E. Lee was excused from its application posthumously. The last case using this section was brought in the 1930s, almost a century ago and the government lost that case. Section 3 really is a dead letter today. Still, the progressive legal squad have dusted it off and are using it against Trump. That’s lawfare.
Another example is the civil business records case brought against Trump and his businesses by Letitia James, the Attorney General of the State of New York. The allegation is that Trump overstated the value of certain properties on a loan application. Anyone familiar with commercial real estate knows that valuations are highly uncertain and volatile. The Trump organization told the lender in writing not to rely on Trump valuations and to do their own due diligence. The bank did so and decided to make the loan. The loan was repaid in full with interest on time and as agreed. There was no loss, no victim, and no complaint.
Yet, New York Judge Engoron found Trump guilty of fraud, imposed a $325 million fine plus $90 million of interest, banned Trump from doing business in the State of New York for three years, inserted a clause in the ruling that says Trump must post a $325 million bond before he can appeal, and authorized Letitia James to begin seizing title to landmark Trump properties to enforce the judgment. This could destroy Trump’s business and even bankrupt him all over a minor bookkeeping matter that is usually resolved with an administrative hearing and a small fine. That’s lawfare.
Selective enforcement of laws is another aspect of lawfare. In 2012, then Attorney General Eric Holder was found in contempt of Congress for refusing to turn over documents related to a gun-smuggling effort by the Justice Department. Nothing happened. There was no enforcement, no penalty, and no arrest. Holder simply ignored the finding and Congress moved on.
Peter Navarro wasn’t so lucky. Navarro is a mild-mannered 72-year-old economist who taught at Harvard and worked in the Trump administration. In 2022, he was also found in contempt of Congress like Eric Holder for failure to provide evidence. Navarro was arrested in broad daylight at Reagan National Airport, put in handcuffs and leg irons by FBI goons, and frog-marched to jail. He was put on trial, convicted in 2023, and sentenced to 4 months in prison.
Why was the Democrat Holder let off without repercussions while the Republican Navarro was arrested, tried, convicted and sentenced to jail for the same offence? That’s lawfare.
We could give many other examples of the statutes being used and the targets being persecuted in lawfare campaigns. Lawfare is not limited to individuals. It can also be applied to pandemic mandates, censoring critics of the Biden regime, and in support of the Green New Scam. It is being used constantly to crush dissent and silence dissenters.
There are many individual victims of lawfare. The biggest victim is the rule of law itself. And that means you and me. If we don’t fight back against the lawfare practitioners, there will soon be no law left for any of us to rely on.
Jim Richards