Lawfare is destroying the Rule of Law in America
By Rich Kozlovich
Editor's Note: You may wish to review my entire Lawfare file of articles. RK
One of my 200 Rules is: Definition leads to clarity. Clarity leads to understanding. Understanding leads to good decision making. More and more writers keep asking: If you can't define something how can you possibly rule on it? One writer asked it she really is the "first" black woman to be nominated to the court? After all, if "woman" is indefinable, perhaps "black" is also indefinable. Since the left now demands we can self identify to whatever we wish to be, and society "MUST" accept that, perhaps she's not black or a woman? How's this. Not only can someone self identify, everyone else can identify them as they please, and they "MUST" accept that?
When we lose sight of the basics there's no end to the insanity. The left destroys us with our own values, and for the left, there are no boundaries, barriers or foundational values to which they subscribe. They use every emotional tactic possible and lie, making accusations they know are false. They will embrace the philosophical flavor of the moment with great enthusiasm and self righteous fervor, until that no longer works, and then embrace a view that's diametrically opposed to their previous position with equal fervor if needs be to get and hold power. The left isn't wrong, it's evil, it's efforts are ubiquitous, even attempting to prevent Israel from fixing the judicial mess there.
State Department-funded Group Tries to Silence Netanyahu over Judicial Reform - Joel B. Pollak Israel’s Movement for Quality Government (MQG), which received funding from the U.S. State Department, is trying to stop Prime Minister Benjamin Netanyahu from speaking about his own government’s judicial reforms. As Breitbart News has reported, the MQG has supported recent protests against Netanyahu and his judicial reforms, many of which parallel existing practice in the U.S. The State Department admitted last week that it provided some funding to the group, including under the Trump administration, for education programs, but denied that the U.S. was involved in “propping up or supporting these protests or the initiators of them.”......
Anyone picked to be a part of the federal judiciary by the Biden administration supports all their evil, or they wouldn't have been nominated, and they share in that evil. Some of these piece go back a way, and some of these issues are resolved, but it's the pattern of history that's important. They are in fact Criminals in Black Robes. "It is going to take a new Justice Department and several other changes to get lawbreaking judges out of our courtrooms."
Make no mistake, the Constitution is under threat, and it's under threat by the political hacks of America's judiciary, at both the state and federal level.
- ‘Suspicious Reversal’ DOJ Backs Off from Massive Fraud Case Against Dem Megadonor Dish CEO, BlackRock Executives
- Why wasn't the FBI informant linked to Biden's impeachment inquiry arrested years ago since they had the information years ago?
Hawaii and the spirit of Aloha February 10, 2024 By Mike McDaniel Did you know there is a heretofore unknown legal principle known as “the spirit of Aloha,” which for Hawaii--at last check a part of the United States—takes precedence over the Bill of Rights? Hawaii’s Supreme Court thinks so: Hawaii's highest court ruled Wednesday that Second Amendment rights as interpreted by the U.S. Supreme Court do not extend to Hawaii citizens, citing the "spirit of Aloha."
Julie Kelly exposes the secret activities of the DC District Court - By John Dale Dunn - The outgoing DC Courts chief judge Beryl Howell has been involved in many secret activities and has closeted the trial court and grand jury proceedings as well as issuing secret opinions on many matters of Grand Jury activities and evidentiary matters. Read this article, “Time to End the Veil of Secrecy Inside D.C. Kangaroo Court” by Julie Kelly, to get a sense of the magnitude of corruption and enablement of prosecutorial and grand jury abuses.Judge Howell appears to have enjoyed her role as a prosecutor's helper.Also getting special mention in this essay is Judge Tim Kelly who has left the constitutional reservation and is making new and creative violations of civil rights. This is so bad only a judge or a lawyer could begin to fathom the significance of the violations of Judicial rules and civil rights of defendants. ............The past two years have introduced us to a new Stalinesque approach to prosecuting political opponents in America. Lavrentiy Beria and old Uncle Joe Stalin would approve......
Here are more John Dale Dunn pieces on the collapse of American's rule of law:
The Bidens’ existential threats to the American rule of law
The implosion of the Rule of Law
The left's political damage is revolutionary
Academia and The Corruption of American Law
Mendacity and Corruption in the Judiciary - By Clarice Feldman March 17, 2024 -Something is seriously wrong with American law schools and the disciplinary outfits that are supposed to monitor corrupt conduct of practitioners. You can see the effects of this degradation in the outrageous behavior of government prosecutors and in the judiciary, which ignores its responsibility to decide fairly and without bias. We are churning out dishonest, corrupt lawyers and judges who are more than willing to look the other way at such behavior, condoning the most obvious selective partisan prosecutions. As the awareness of the failure of the judicial system grows, the consequences will be enormous -- respect for the traditional way of resolving disputes and obeying the law are fundamental aspects of a civilized, prosperous nation. Once that is lost, other less tenable means will be employed. The focus this week was on the absurd case in Georgia, where D.A. Fani Willis is criminalizing Donald Trump’s challenge to the integrity of Georgia’s presidential election in 2020...........
Two Fifth Circuit Judges Will Not Hire Stanford Law School Clerks - Joel B. Pollak 2 Apr 2023 - U.S. Court of Appeals for the Fifth Circuit Judge James Ho announced Saturday that he and Judge Elizabeth Branch will not hire clerks from Stanford Law School after last month’s attempt to silence Judge Kyle Duncan. Last year, Judges Ho and Branch had also announced a boycott of clerkship applicants from Yale Law School, the Washington Free Beacon notes, in protest of that school’s “cancel culture” toward conservative views........
Equal Rights
Immigration
Illegal aliens: of course they have Second Amendment rights! By Mike McDaniel March 17, 2024 “The undocumented.” “Newcomers.” We’re now told illegal aliens aren’t illegal, and it’s wrong to refer to people who break the law the moment they step onto American soil and remain as anything other than “undocumented” or something equally undescriptive and inaccurate. But do illegal aliens have a Second Amendment right to keep and bear arms? An Obama appointed federal judge, who once thought they don’t, now thinks they do:
Obama-appointed Chicago judge rules that the 2A applies to an illegal, and he has a right to keep his illegally-possessed firearm - March 19, 2024 By Olivia Murray - The lawless free-for-all created by the political establishment and an apathetic voting class has me seriously considering renouncing my American citizenship—just think about all the possibilities! You don’t pay income tax. The government hands you prepaid debit cards loaded with thousands of dollars. You get “free” trips to swanky enclaves like Martha’s Vineyard, only to be treated like guests of honor. You’re provided with “free” room and board at high-end hotels, or you’re given the leeway to squat in an American’s home. And now, leftist judges tell you that you have Second Amendment rights which cannot be infringed upon, and you can keep your guns no problem, even if you were breaking the law with them—I mean, these are perks and privileges we second-class real citizens aren’t afforded. Here’s the story, from a report published at The Epoch Times yesterday:...... January 6th
Transcripts Confirm J6 Committee Lied About Trump Attacking Secret Service Joel B. Pollak Newly-released transcripts of secret testimony at the January 6 Committee show that a witness testified then-President Donald Trump had not wrestled with a Secret Service agent, and had indeed requested troops to protect the Capitol. The transcript of a closed-door interview with Deputy Chief of Staff Anthony Ornato and then-Rep. Liz Cheney (R-WY) on January 28, 2022, was hidden by the committee, as it played up sensational claims that the testimony refuted. In particular, Cheney boosted the accusations by former Trump aide Cassidy Hutchinson, who claimed publicly — and to great media fanfare — that Trump had tried to commandeer his presidential vehicle to drive to the Capitol riot........
Trump and His Supporters
Jack Smith Demands Evidence Remain Secret in Trump Case -By Tom Ozimek - Special counsel Jack Smith said in a new court filing that he is strongly opposed to the Trump camp’s latest request to disclose evidence in the former president’s classified documents case, because disclosure would expose potential witnesses to danger. “The defendants’ Motion is inconsistent with the process they proposed (and that the Court approved) for their supplemental reply brief,” Mr. Smith wrote in the Feb. 16 filing. “And their request to disclose discovery materials should be denied for the same reasons the Government has explained elsewhere: doing so would unnecessarily expose potential witnesses to very real dangers of harassment, intimidation, and reprisal.” President Donald Trump’s request to disclose evidence in his classified documents trial is vehemently opposed by special counsel Smith in a filing............
Legal Masterstroke: Judge Aileen Cannon Puts Jack Smith in the Ultimate Pickle - By Mar. 19, 2024 - Lawfare is fought on two levels. The first and most public is utilizing vague or outright incorrect interpretations of the law to weaponize it against political opponents. The second level happens with the judges themselves as lawfare practitioners seek “friendly” members of the judiciary to deliver the court actions they desire. For the most part, the enemies of President Donald Trump have won on the second level by putting cases in front of judges that generally hate Trump. But there one major exception is in Florida with Judge Aileen Cannon. She has been a thorn in the side of Special Counsel Jack Smith and on Monday night she may have delivered the death blow to his classified documents case.
Immunity: Not so simple March 19, 2024 By George Shuster The most pervasive claim from the Left as to why the U.S. Supreme Court should not have taken up the Trump immunity issue is that it is supposedly so straightforward as not to require any further discussion. It is ever so simple, they say, and besides, the D.C. Circuit's opinion was so masterful that nothing further needs to be said. Therefore, the Left continues, the only possible motive for taking up the case is the improper purpose of delaying Trump's criminal trials. The claim is dishonest. Let me enlighten the Left about a few inconvenient facts.
Trump documents case: a judge wonders March 17, 2024 by Mike McDaniel A "novel legal theory" might consist of applying a vicious dog ordinance to someone who owned only a parrot that could bark like a dog. Climate bully Michael Mann, with mixed results, has been suing those who criticize his “hockey stick” graph of climate history. This 1998 graph purported to show that global temperature was stable until about 1900 when human-induced warming struck. In February, Mann scored a $1 million libel judgment against Canadian columnist Mark Steyn in a court in the District of Columbia. Steyn has responded with an appeal. .....
“Nothing Succeeds Like Excess”: New York’s Perverse Incentive in Pricing Trump Out of an Appeal” - By Johnathan Turley - Below is my column in the New York Post on the confiscatory fines imposed on former president Donald Trump and his family and corporation. Democrats are thrilled by the over the $450 million bill facing Trump and the possibility that he could be forced to sell off property just to seek an appeal. On ABC, New York Attorney General Letitia James declared “If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets.” She added menacingly “yes, I look at 40 Wall Street each and every day.” It is a curious legal system where defendants can be priced out of appeals. While Trump has ample resources and can do this without a “fire sale,” it suggests that a person could be forced to sell a home to challenge its loss in court. Here is the column:..............
Here is the column: Continue reading “Pay to Play: Trump Faces a Staggering Cost for Appeal” - By Johnathan Turley -Below is my column on Fox.com on the demand for roughly a $455 million dollar deposit or equivalent bond for Donald Trump to be able to seek appellate review of the recent judgment against him. The combination of the fine and the deposit rule highlight the confiscatory elements of this judgment........In the wake of the massive judgment against Donald Trump, many in New York are celebrating the prospect that the former president could be forced to sell off his property just to be able to appeal the $355 million judgment against him. While Trump has good grounds to object to this excessive fine, he still has to come up with close to a half billion dollars just to make his arguments to the New York Court of Appeals. In order to file an appeal, the courts require a deposit for the full amount of the damages or a bond covering the full amount. Even with escrow options, the call for cash or collateral can be enough to put some executives in a fetal position. It can be challenging enough for many companies drained from years of litigation. For Donald Trump, the demand for $355 million plus $100 million in interest could force a fire sale on properties to pony up just the deposit................
Lawfare Against Trump: Who Will Be Held Accountable? Allan J. Feifer, WND -March 15, 2024 - A nagging question has been bothering many for the last year. Let’s say Trump beats all or most of the 93 felony charges lodged against him by his enemies. Who or what will hold these activist Democrats accountable for the damage they’ve done to Trump personally and attempting one of the largest and most organized voter-suppression conspiracies of all time? When your detractors use the law in a way that the Supremes, in a 9-0 decision, rebuff Colorado’s attempt to disenfranchise Trump along with another 10 states that either have or were in the process of doing so, what’s your remedy? Remember, Trump has more cases hanging over his head. Review the following issues that, like most things, are unique to Trump in American jurisprudence: 1. The concept and application of lawfare 2. Multi-jurisdiction coordination 3. Bolsterism 4. The convoluted idea of Democratic voter suppression.....
Radical Illinois Judge Kicks President Trump Off the State’s Ballot Cullen Linebarger - A corrupt Cook County judge has ordered the Illinois Board of Elections to remove Donald Trump from ballots statewide for the March 19 primary. As ABC 7 News Chicago reports, Democrat Judge Tracie Porter stripped Trump from the Illinois ballot one month after the Illinois State Board of Elections dismissed the anti-Trump challenge in a unanimous and bipartisan vote. Porter claimed Trump violated the 14th Amendment’s Insurrection Clause as her excuse for removing him from the ballot. We all know Trump did not commit insurrection or any other federal crime.......
Trump Lawyer Says Dismissal of 6 Counts in Georgia Case Exposes Prosecutorial ‘Sloppiness’ -Attorney Alina Habba said on Wednesday that a judge’s dismissal of six counts in former President Donald Trump’s Georgia election case shows the “sloppiness” of local prosecutors. Fulton County Superior Court Judge Scott McAfee dismissed six of the 41 counts in an indictment against President Trump and his codefendants on Wednesday. Three of the quashed charges apply to President Trump, throwing out counts related to a phone call he made to Georgia Secretary of State Brad Raffensperger in the aftermath of the 2020 election......
Trump Attorney Says Documents Charges ‘Must Be Struck and Dismissed,’ - U.S. District Court Judge Aileen Cannon on March 14 heard arguments on two of former President Donald Trump’s several motions to dismiss a case alleging he mishandled classified documents, rejecting one motion by order roughly two hours after court adjourned. “Defendant’s motion is denied without prejudice,” the judge wrote regarding the motion to dismiss based on unconstitutional vagueness. Defense attorneys had argued for dismissal of 32 counts regarding mishandling classified documents under the Presidential Records Act (PRA) and for “unconstitutional vagueness.” However, during the hearing, Judge Cannon seemed unconvinced that those arguments weren’t better suited to the trial stage of the case. These were only two of several motions to dismiss filed by the defense.
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