On the rising danger of Democratic lawfare

Guest Post by Alex Berenson

The New York state fraud case against Donald Trump is absurd; and the White House now openly tells its operatives to defy Congressional subpoenas. Democrats seem blind to the risks they’re running.

Even dictatorships have judges.

Which doesn’t mean they have justice.

Democrats appear ever-more enamored with “lawfare” — a term that hardly existed before Donald Trump was elected president in 2016 — as they try to keep Trump from returning to the White House.

Left-wing politicians, prosecutors, and lawyers may be sincere when they say they believe Trump is an existential threat to democracy who must be stopped by any means necessary. But they would be wise not to become what they fear.

The Democratic effort to twist the legal system has accelerated in the last few months. Trump and his most ardent supporters now face an unrelenting flow of civil and criminal cases, some of which at best stretch legal theories to their limits. But judges in blue cities and states have been notably reluctant to push back on them.

Meanwhile, as I wrote yesterday, the Biden White House has now openly encouraged its operatives to defy Congressional subpoenas by promising them carte blanche to do so – even as the Justice Department tries to jail Trump’s advisors for similar moves.

The issue stretches far beyond the four flagship criminal cases and 91 charges that Trump faces. In those, at least, he has the protections that criminal law gives defendants, and the financial resources to use them.

The Associated Press estimated that Trump has spent $77 million in the last two years defending himself. Even bigger expenses lie ahead as his criminal trials approach.

Some of Trump’s biggest supporters are not so lucky. In Washington, D.C., prosecutions over the Jan. 6 protests and riot are increasingly unhinged. Even the New York Times admitted last month they have now caught many people who “did little more than walk into — and then out of — the Capitol.”

In Colorado, the former general counsel of the Democratic Party has led an effort to use language meant for Confederate secessionists to keep Trump off the 2024 ballot.

And in New York, the reality that Trump cannot count on anything like impartial hearings from neutral judges has been clear for months. Not coincidentally, the actions that have damaged Trump the most were both brought in Manhattan, where Trump is widely hated and Joe Biden won 87 percent of the vote in 2020.

Most stunningly, Trump faces up to $370 million in fines and the loss of his businesses for a civil “fraud” case brought by the state of New York in which he took out loans – then fully repaid them. Even the Associated Press questioned the ruling, writing that Trump’s companies were:

the only big business found that was threatened with a shutdown [under the New York law used against Trump] without a showing of obvious victims and major losses.

Some legal experts worry if the New York judge goes ahead with such a penalty in a final ruling expected within the next couple of weeks, it could make it easier for courts to wipe out companies in the future.

Then there are the two “defamation” lawsuits from E. Jean Carroll, a woman who was completely unknown until she accused Trump in print of raping her. (Carroll’s suits might more accurately be called “famation” cases.)

Manhattan juries have already decided against Trump in those suits and awarded Carroll almost $90 million. Trump certainly used nasty language to defend himself against Carroll’s claims, but it is unclear how exactly he could have denied them without incurring a jury’s wrath.

Back in Washington, the Biden Administration is now extending its (literal) contempt of the law to Congress, as I wrote yesterday:

URGENT: Ex-White House advisor Andy Slavitt is refusing to comply with a subpoena over questions about how he tried to censor me and others in 2021

·
Feb 4
URGENT: Ex-White House advisor Andy Slavitt is refusing to comply with a subpoena over questions about how he tried to censor me and others in 2021

Andrew Slavitt, the former Biden Administration operative who in 2021 helped conspire to violate my First Amendment rights and make Twitter ban me, has refused to comply with a Congressional subpoena to testify about his actions. Slavitt’s lawyers told

Read full story

That the White House has told two of its former operatives – Andy Slavitt and Rob Flaherty, the deputy campaign manager of Biden’s 2024 presidential campaign – to ignore a lawful Congressional subpoena is ugly enough.

But the fact that it has done so while prosecuting two of Trump’s advisors for refusing similar testimony is far worse.

Of course, none of this has stopped me and James Lawrence from suing the White House for its censorship efforts in Berenson v Biden.

I remain a believer in the court system – and very optimistic that federal Judge Jessica G.L. Clarke will see the merits of our case. After all, Judge William Alsup – a Clinton appointee – took our arguments in Berenson v Twitter seriously and rejected Twitter’s motion to dismiss the suit.

But the overall picture is ugly.

Sure, Democrats are winning tactical victories and costing Trump money. But they’re not considering how these efforts to use the courts look, not just to Trump partisans but anyone who thinks elections should be decided by voters, not judges or juries.

And Trump’s criminal prosecutions haven’t even gotten to trial yet.

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18 Comments
anon a moos
anon a moos
  Administrator
February 6, 2024 9:10 am

Sigh… Just vote moar harderer this time, squinting while voting the Dumbminion machine will make your vote harder to steal. FACT

Anonymous
Anonymous
  anon a moos
February 6, 2024 6:55 pm

Don’t vote harder, vote more often, multiple times!

Yahsure
Yahsure
  Administrator
February 6, 2024 11:41 am

Here you go on the DMV website and register and the ballot is sent to your home. You fill it out and sign it before dropping it in the mail. if your vote gets counted is another thing.

SchlomoTruth
SchlomoTruth
February 6, 2024 9:05 am

Usury and lawfare. The one/two punch of jewish supremacy.

Anonymous
Anonymous
  SchlomoTruth
February 6, 2024 9:43 am

Mass compliance is the only issue. When that ends, so does all else.

bidenTouchesKids
bidenTouchesKids
February 6, 2024 9:27 am

I remain a believer in the court system

Then you’re naive beyond comprehension.
The court system is a facade giving the illusion of justice, when in reality judges are activists for the regime legislating from the bench.

Obbledy
Obbledy
February 6, 2024 10:35 am

The “legal system” itself is predatory.
Lawfare has been used against The People seemingly since its inception…..
My favorite…..Xiden does whatever he wants and not a PEEP from a single judge!!!,while Trump played whack-a-mole with em’…..

anon a moos
anon a moos
  Obbledy
February 6, 2024 10:44 am

Not a tRump supporter but its true what you state. Cho Bi Dum does whatever and nobody files suit or judges institute injunctions to stop any of the ridiculous EO’s etc he signs.

Yet tRump had judges in a communist district issue nation wide injunctions, and the SC did nothing as well. The entirety of the system, stem to stern, is corrupted and well beyond salvable in any of its institutions.

And yet, there are those that think voting is still the viable solution.

KJ
KJ
  anon a moos
February 6, 2024 6:22 pm

You’re so fucking boring, man.

VOWG
VOWG
  KJ
February 7, 2024 8:34 am

The truth is boring?

Yahsure
Yahsure
February 6, 2024 11:46 am

The current criminals get their ideas from corrupt/fixed elections in other countries. Those countries like that dominion cheating system. Once I watched a video showing this stuff by Michael Malkin. That video didn’t stay up long. You really have to be stupid to support the Democrats or Republicans. Their actions never support the people’s wishes.

JIMSKI
JIMSKI
February 6, 2024 12:43 pm

Ya know a quick search actually shows failure of the judicial system is a leading cause of government failure.

The path flows such. A weaponization of law causing BLATANT disparages between have and have nots. Much rumbling but at this stage not much has changed.
2nd stage is lawfare used against companies and media outlets. Soon news and products become scarce as no one will buy stocks if the government will pick winners and loosers.
3rd stage is kenetic where lawyers and judges are killed. This alone brings down many governments but the killer is when no one wants to be a judge. I am sure us olders will remember seeing many judges and juries in foriegn media hooded in the 70’s and 80’s. This stage does not last long as by then everyone has a side and its on like Donkey Kong.

KJ
KJ
  JIMSKI
February 6, 2024 6:23 pm

Losers, not loosers.

Ursel Doran
Ursel Doran
February 6, 2024 2:21 pm

The destruction of the country is quite intentional.
Open border to import millions of new DemoRat voters to have a perpetual one-party government is quite obvious. Victor D. Hanson explains this in detail.

Is Biden Malicious, Incompetent, or Conniving?

Anonymous
Anonymous
February 6, 2024 6:56 pm

Trump is right, every future ex president will now be arrested and prosecuted by the opposition when they win. Anther stupid precedent set.

Taras 77
Taras 77
February 6, 2024 8:15 pm

“Democrats seem blind to the risks they’re running.”

It is not clear to me as to the risks the demons are running. It seems that lawfare, complete control of the press and all of its tentacles, the complete and absolute incompetence of the gopers, and on and on. What’s to worry?

Anonymous
Anonymous
February 7, 2024 7:26 am

On the rising danger of Democratic Banana Republic lawfare