‘Resistance’ Lawfare Abusers Must Be Held Accountable
Trump “can unify the nation, he can unify communities, but these nasty, malicious people who abused our prosecutorial system, who abused their public office, who engaged in what amounted to extortion against Republicans and Trump supporters, they need to be held to account.”
On the full podcast today I discussed the damage done by the private and public lawfare against Trump supporters, Republicans more generally, and anyone who got in the way of Democrats.
The spark for that discussion was a tweet by Will Chamberlain of the Article 3 Project:
There’s going to be a lot of talk about Trump needing to “extend the olive branch.” NO.
If he had lost, he would have been jailed. And for his support of Trump, Elon likely would have been bankrupted and jailed.
Those who launched the lawfare must be held accountable.
He doesn’t need to persecute random Democrats. He does need to ensure that his DOJ investigates Fani Willis, Nathan Wade, Alvin Bragg, Letitia James, Jack Smith, and Merrick Garland.
I discussed the need for accountability in the podcast excerpt below:
Transcript auto-generated, may contain transcription errors. Lightly edited for transcript clarity.
There were a lot of people hurt by this outgoing administration, of which Harris was an integral part. Lives were destroyed, lives were ruined. Reputations were damaged, people were prosecuted, people were bankrupted. And I’m not even talking about people arrested in connection with January 6, but all over the place.
There’s an effort by Democrats to go after the Bar licenses of lawyers who fought on the Republican side. They even announced and launched an initiative — I think it’s called Project 65, though I might be wrong on the name. Their goal is to make Republican lawyers toxic in their communities. They want to go after their licenses; they want to scare Republican lawyers away from doing what lawyers do. I mean, these are bad people, and they need to be held to account.
Prosecutors who went out of control, prosecutors who announced as part of their political campaign that their goal was to use their public office, if elected, to go after Donald Trump and his family — those people need to be investigated and held to account.
One of the things I noticed very clearly in Trump’s speech last night was how conciliatory it was, how positive it was. He said, you know, we will unify the country through success, essentially sort of a “rising tide raises all boats” argument. And that is Trump. The media portrays him as the most vindictive, nasty person, but that is actually Trump. That’s what he tried to do his first term.
But there are also people on the internet, on Twitter, who are saying, “No, you’ve got to go after these people now.”
I was even thinking of doing a reader poll, Should Trump unify the nation or get even?
And as I wrote it out and was about to do it, I realized it’s not a binary choice. It’s not one or the other. He can unify the nation, he can unify communities, but these nasty, malicious people who abused our prosecutorial system, who abused their public office, who engaged in what amounted to extortion against Republicans and Trump supporters, they need to be held to account.
So, I would say do both. President Trump: unify the nation, but also create task forces and create special counsel to go after the corrupt people who tried to destroy our society, not just destroy you, but destroy your supporters and people who disagreed with them. Those people need to be held accountable. Don’t let your laudable goal of unifying the nation get in the way of holding those people accountable.
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Comments
What is best in life? Crush your enemies, see them driven before you, and to hear the lamentations of their women.
Yes, hold the most visible offenders accountable. However, The problem seems more widespread. What most disturbed me in 2020 was the willingness of other attorneys and local bar association to cooperate in witch hunts against any lawyer who dared to represent President Trump on a local level. As I recall, a number of attorneys were forced out of law firms or to resign from representation to protect themselves and their families. Threats against attorneys similar to those made recently by Project 65 were successful. Bar associations seemed willing to cooperate in this lawfare. This rot in basic legal ethics may originate in law schools where it needs to be countered.
UPennLaw 1972.
Yes. They did it to me here in Miami. The leftist book banners “cancelled” me for writing a fictional novel, and I lost my job. Leftist cancel culture is real, and it is out to destroy us all. There needs to be some accountability, and the anonymous mob must be made to answer for the oppression and damage they have inflicted on us all.
What about black ambulance chasing attorneys working over innocent whites or criminals & their families being worked over as we have seen with Rittenhouse?
Surely they deserve a taste of their own tactics.
Trump doesn’t necessarily need to get even. What he needs to do is ensure that this doesn’t happen to anyone else on either side ever again. The abuse of power has to go.
Thank you, professor. As many here know. I’ve been saying this for years: abolish qualified immunity.
Winning a popularity contest to govern is not a license to vomit anti-constitutional tyranny against ones political enemies, or weaponize govt. to persecute political enemies with impunity.
Prosecute those who indulge in this vicious society killing cancer, or it’s all merely *clown world* where the national pasttime is perpetual wack-a-mole to keep lawyers employed.
The best way to ensure this doesn’t happen to anyone on either side ever again is to put everyone who abused their power to go after Trump, Trump’s lawyers, and Trump supporters in prison for a very, very long time. Starting with Merrick Garland.
The best way to highlight how bad a rule, bad law or a particularly vile strategy is to apply it ruthlessly to the same a-holes who created and used it against others. Stick it so far up their behind they choke on it. Only when they finally confess and beg for mercy should we let up and grant it …..but only after they assist to put in place safeguards to prevent the reemergence of the bad rule, bad law or vile strategy.
Trump doesn’t need to get even as you say. All he has to do is go after people who abused the power of their offices and that include the myriad of Federal bureaucrats that issued dictates from their agencies.
It’s political. There can be no dissent. Get with Branca and start doing YouTube coverage. Write artcles here. I like and respect you. We need more Gosneys in the world.
Aww – Thanks bud!
People who have done bad things, illegal things, used the power of their office to damage the innocent MUST be brought to account.
There should be no conciliation with those who have done evil for political purposes, and its not revenge to bring them to justice.
Those who have persecuted others because they didn’t like their politics or their allegiances are unfit to hold office, not because of their beliefs but because of their behavior.
Don’t make the mistake of thinking anti-American POS deserve to be brought into the fold for the sake of unity; there can be no absolution without repentance and penance.
Sorry about the downvote. Spastic Finger Syndrome. I actually agree 100%.
Amen
Has anyone tallied numbers of how many people should be prosecuted? Where should they be incarcerated? What can we do to keep cost down?
Give no quarter to these traitors! Period!
Make Bannon the AG.
Or Professor Wm Jacobson.
Even before going after the lawfarers, Day 1 he absolutely needs to clean HOUSE, every person possible in the FBI and the DoJ needs to be fired, and none of this, “oh they’re ‘non-partisan'” nonsense.
Gen. Flynn for FBI director. Payback will be a beast for all agents who visited homes; took part in 1-20 fraud. No mercy; they had none for us now it’s their turn.
“every person possible”
Then Congress will have to change a number of laws. Otherwise, it will be tied up in lawfare.
Top three layers of management – poof
Cut off by accident.
Trump’s single biggest mistake was letting Comey stay in the FBI for as long as he did, and then letting Wray get foisted off on him by Biitch McConnell as a ‘non-partisan’.
He needs firebrands to go in and absolutely burn the FBI and DoJ to the ground.
Someone needs a civics refresher. If the Senate won’t confirm, it’s over.
It needs to be a wolf in moderate clothing.
As conservatives we need to get better at advancing some stealth firebrands that will get through the confirmation process etc
Thanks to Senate Democrats in 2013, only 51 votes are required for presidential appointments other than justices to SCOTUS. They did it to themselves thinking they’d keep at least a slim majority in perpetuity.
And, recess appointments can do a lot within the expiration timeframe of the current Senate term.
Damn, I wish I was young enough to get in on the downsizing fun.
If DJT goes soft on the FBI, DOJ it is a mistake of historic proportions and will enable them to do it again.
No mercy.
No quarter.
Hire Ashleigh Merchant to investigate their swamp asses. With Federal subpoena power they will be crying uncle in no time.
Add the Project 65 group to the list that needs investigation.
Start by asking red state “conservative” governors why they haven’t acted to stop harassment bar complaints.
The 51 “spies” who lied about hunter biden’s laptop need to go too.
At the very least, strip them of all security and access privileges, and cancel any govt contracts they may have.
On day 1!
And don’t forget nancy pelosi and other organizers of the Jan 6th hoax.
Then add insider trading. It should not be too hard to prove it beyond reasonable doubt,
Really?! How would you go about proving it at all, let alone beyond reasonable doubt? You can’t even clear the hurdle of a “reasonable suspicion”. All you have is a suspicion based exclusively on our collective dislike for her, and that is not enough.
Investigate her by all means; see whether any evidence comes up. But don’t expect it to do so, or be surprised if it doesn’t.
Sweet Sister Josephine!
Seriously? Tell me, what evidence exists that she’s done anything wrong? It’s pure speculation, based on nothing but wishful thinking.
One of the few things provable, although her motive couldn’t provable, is that she failed to secure the Capitol at Trump’s request before Jan 6. Whether that was an oversight, malicious or she simply didn’t believe something bad could happen, she didn’t respond properly. However, it’s far from a smoking gun.
Better response would be ordering the immediate release and cease of prosecution of anyone detained or suspected for Jan 6. Or, in the case of existing convictions, pardons.
How would you prove it? Same way we’ve been “proving it” on everyone else. Or admit that there’s no standard of proof and repeal the law.
We convict people when there exists clear evidence to prove their guilt beyond reasonable doubt. No such evidence exists about Pelosi. The entire idea that she or her husband has been insider trading is based on nothing but hostile speculation. We don’t like her, so some people on our side like to speculate that she or her husband have done something illegal. That is just wishful thinking, and can’t for the basis for prosecution.
Evidence not seen or sought is not the same as “evidence does not exist”
You know that.
As democrats have shown us, the endless investigation is the punishment.
SDN’ you open an investigation, preferably directed by an outside firm that is not beholden to the department that they are investigating.
If the government officials were really just following the law in a fair and honest manner then they have nothing to worry about. The investigation will reveal how they were great Patriots.
Look at what Dems did, the truth is that it is possible to get at anyone, that is what Dems have taught us.
And even if you do, I am informed that there is no law banning insider trading for that particular in-crowd, just like they are immune from the CAN-SPAM Act and the Obamacare mandates. You will never get legislators to cut their own perks.
I wouldn’t want to bet money that there won’t be an attempt to arrest Trump just before he is sworn in, in an attempt to prevent it from happening.
It’s a crazy idea but where Trump is concerned, some people act pretty crazy.
I’m more worried about another Lee Harvey Oswald.
And that the Intel community seems to believe it self above the law. And be morphing into some sort of praetorian guard.
I agree with the general sentiment here; those who abused their positions should be pursued without mercy.
The FBI needs to be dissolved altogether, and replaced with a new agency that is not tainted by the old one. Nobody who worked for the old one should be hired without a serious vetting first.
Everyone in a senior position in DOJ should be put under extreme and skeptical scrutiny, and be made to convince those doing their review that they are truly committed to blind justice. Hires under the 0bama and Biden administrations should be looked at with special care, and a presumption of unsuitability.
Everyone involved in the Jan-6-2021 prosecutions should be looked at with a critical eye. That includes the judges; I used to be a fan of Royce Lamberth, but he came out of that saga with a large blot on his escutcheon. Look for grounds to bring them all to heel. In many cases no such grounds will be found, but you never know what you might turn up. The same for those involved in the state prosecutions. Turn over a few rocks and see what comes out. Sauce, goose, gander.
As I try to remember, the judges sought to outdo each other in conforming to the sentencing for the J6… not in accordance with the severity of the crime but from seeking approval from other judges and prosecutors….. affirming their “correct” status in the D.C. judiciary. Simple violations were elevated to major crimes against The State to assure acceptance.
The thing is, Lamberth never seemed to care much about what other people thought of him. He seemed to be interested only in doing the right thing as he saw it. Which is why his behavior in this affair was so surprising for me. I don’t think he did it to impress anyone; he seems to truly believe the Dem narrative on this.
I believe it is more of a DC establishment narrative than just a d/prog narrative. Sen Lindsey Graham exhorting capital police ‘you have guns…use them’. The weak tea ‘riot’ on J6 really shook the folks in DC who believed themselves immune from any potential consequences. Not a perfect analogy but kinda like a school bully who gets their comeuppance and is stunned when folks don’t roll over for them and take a vigorous stand against the bully. All the ‘permanent’ DC folks along with the politicians, judiciary, bureaucracy were confronted with a potentially very hostile situation that scared the crap out of them. The vicious overreach on sentencing for nonviolent J6 defendants, IMO, reflects that fear.
I agree, seems they are just a bunch of wusses (sp)!!. No matter that noone was ever in real danger. “The Establishment” was “attacked” and since the judges and prosecutors are all part of the establishment, they just took it personally and over-reacted. I had still been very curious why some charged
1. had to be in jail for years.
2 why judges thought there was no place for change of venue when DC votes 93-95% democrat.
3 why little of the infiltration by FBI was allowed to be discussed (I know little had been “proved” for quite a while)
4 how the Proud Boys guys, who weren’t on the grounds and only had a handful of accomplices, could be convicted of seditious conspiracy? oh, yeah, see #2
Lots of True Believers. Those are more dangerous than the cynic.
Bravo! Clear clean and cogent. Might I also add that the IC needs to be brought to heal. CIA, FBI, NSA and DIA all need to be cleaned out. Also the 5 Eyes agreement needs to be modified. No more spying on the other guys citizens and back flowing the info to the other countries to get around privacy laws. Also WE MUST INSIST ON REFORMING THE FISA COURT!!!
You are spot on, Professor! Thank you!
Those responsible for weaponizing the government against Trump (and others) will only do it again when Trump leaves office if they are not 1.) rooted out; and 2.) punished harshly. Make an example of them so the next generation of officials understand there are terrible consequences for abusing their authority.
t several is far too small a number.
Absolutely! This MUST happen.
The damage that the leftists have done over the past 4 years is immense. They way they have gone after lawyers for merely representing people they didn’t like and giving legal advice they didn’t like (usually because it was advice that was better than their insane legal theories that wouldn’t pass muster in anything other than a Soviet show court) and pierced attorney-client privilege at the drop of a hat … is serious damage to our whole legal system. This was an analog to how they abused the FISA process (and I include the corrupt FISC judges in that) to spy against their political rival based on the absolutely ludicrous claims that the only patriotic group in the race were traitors …
People must be held accountable and fair, harsh punishment delivered. These abuses of governmental power are among the worst crimes in American history – and there have been SO MANY of them.
I think President Trump should fire everyone that Biden appointed. And he should remember how he didn’t go after Hillary in 2017 “because she’s suffered enough already,” and then she stabbed him in the back!
I believe in fair and honest elections, and if this one had not been a landslide, Trump might not have won. Instead of going after the lawfare crowd first, I would go after voter fraud first. The lawfare group has already shredded every bit of paper documenting their crimes, so there is no rush on that. If Trump can stamp out voter fraud on a national level, it may well be the greatest thing he accomplishes. Whatever he does in the short time he has needs to be for the country, not for revenge.
With the right appointments and the right use of already-appropriated funding (planned increases in the ATF and IRS among others), a lot can get done in two years before the next midterms. All within the Executive Branch that the President oversees.
I was interviewed about my profession and my tactics of taking scalps in upper management, Thye asked me if that was revenge, I told them no, it was about changing the business culture, I was not always successful, but did succeed enough times that when I knocked on their door, they took it seriously.
Expose the collusion and be fully transparent, and people will have no problem. Some deserve to face the music.
Considering the magnitude of the wrongs and crimes committed, there must be an accounting and a reckoning.
Unity requires that we be able to move on together; an impossibility if wrongdoers remain unpunished and there is no justice for their victims.
We must also address the misconduct of most of the judges on the DC federal bench, and the structural issues with their overly broad jurisdiction over matters involving the federal government and pervasively politically biased jury pool.
The words of Field Marshal Gebhard von Blucher in the amazing “Waterloo” movie come to mind: Raise high the black flags, children. No pity! No prisoners! I’ll shoot any man I see with pity in him!
https://www.youtube.com/watch?v=nqwfyGKJj88
Sadly, no one will ever be held to account. How do I know? Look at the jurisdictions where are all these abuses occurred: Manhattan, DC, Atlanta. There is ZERO chance anyone would ever be convicted or found liable in a civil trial considering the jury pools available in those urban areas. I wish it weren’t true. But, it is…and everyone knows it.
The only fix available is a temporary one, sadly, one that will be reversed as soon as the next Democrat occupies the White House. Still, that’s a fix we should use while we can use it. Trump should put someone in at AG who’s not afraid of firing Deep State bureaucrats with reckless abandon. Ron DeSantis would be GREAT at that job.
Account does not require a conviction. Remember, the process is the punishment.
I agree with Steve Bannon- rough Roman Justice. No endless investigations with all the attendant delays etc.
Make a list and utterly destroy everyone on it.
Expose the entire Obama farce.
Yeah agreed. To quote Eminem;
No more games, I’ma change what you call rage
Tear the MF roof off, like two dogs caged
I was playin’ in the beginning, the mood all changed
I’ve been chewed up and spit out and booed off stage
But I kept rhymin’ and stepped right in the next cypher
Best believe somebody’s payin’ the Pied Piper
Lose Yourself
John Durham spent 3-years and millions of dollars trying to get someone, anyone convicted of the wrongdoing related to Crossfire Hurricane. He got no one because these people simply are not convictable in a DC courtroom. I’m not sure how that’s fixed or even if it’s fixable.
Social systems run at bottom on convention, including rule of law. You can’t apply rule of law to its own basis without destroying both.
Ridicule and disgrace is the best you can do, i.e. outside every legal process.
The safeguard against this usually employed is encoded as “immunity.”
I vote for doing both. Reconcile with mainstream Democrats but go after the radicals who used lawfare to persecute Trump, his supporters and anyone who stood in their way. Start with deporting George Soros and shutting down his organization. Then go after people like Garland, Comey, Wray, James, Willis, Smith and all the other corrupt members of the judiciary who participated in the lawfare campaigns, Include members of Congress like, Pelosi, Schumer, January 6 Committee, Schiff, Raskin, Whitehouse and Judges Murchin and Chutkan all the other rabid Democrats who participated and orchestrated the Witch hunts. The list is very long but, they need to be held to account for their actions to ruin other peoples lives. The Democrats tried to use their offices to pursue their political ends as they trampled all over our Constitution and legal system. This should be done to clearly demonstrate abusers in the future will suffer the consequences. Left unchecked, it signals others in the future they can resort to lawfare against their adversaries. Commenc the raids on their offices and homes to gather the evidence before it’s destroyed.
Can’t be done. Soros is a US citizen. There is no doubt at all that his naturalization was valid. Therefore he can’t involuntarily lose his citizenship, no matter what he does. The fact is that he hasn’t committed any crimes anyway, but even if he had he still couldn’t lose his citizenship. That is what SCOTUS has consistently said, for longer than most of us have been alive.
Soros is protected by the fact that he will soon no longer be on this Earth. Better to go after his legacy, and disinfect everything he has contaminated.
I don’t think deporting Soros will fix the problem. He would continue to scheme from wherever he is located. His whole organization should be ripped apart. Start with canceling all nonprofit status.
The French Revolution was a good example of cleaning things up by applying rule of law to itself.
Establish an independent committee to review insider trading done by federal employees. Maybe a crowd source approach would help identify those engaged in this? Congressional members and staff found guilty of insider trading should lose all federal retirement benefits.
The Marxist-style pogrom abuses of the legal system were many. List them all. Some lay at the feet of DOJ/FBI, and others with state/local attorneys general. Still others with sheriffs. Many others fall at the feet of law schools, and others with state bar associations.
List them all. Publish these lists. Write public letters to each of these offending constituencies about exactly how they committed abuses and who exactly in their organizations were the abusers. Also send the letters certified mail and cc: Donald Trump, JD Vance, Robert F. Kennedy, Jr.
I believe that the NY Appellate. Court will make its ruling on the Civil Fraud case (brought forth by Tish James against Trump) within the next few weeks. It appears that the ruling could include the suspension of 1 or more of the lawyers in the Civil Fraud case on the grounds that the case was purely politically motivated.
I’m for a middle road. Some high-profile individuals, such as Marc Elias and Merrick Garland may need to be prosecuted. Others may be pardoned but with a commitment to fully and completely testify under oath to federal and state investigative committees as to the nature of the scheme(s) in which they participated in, including names, bank records, etc. This information can then be used to put in safeguards to try to ensure that nothing like this ever happens again
am not familiar with the threshold required for proof of misconduct happens to be viz state bars, etc. but, if possible, would disbar every single lawyer, judge, etc. who instigated, aided, participated in these witch hunts–regardless of their motives, ultimately they have no excuse
the extent of the damage their abuse has caused to targeted individuals let alone our country cannot be quantified in money ( though we, as a country, should try ) –disbar them one and all and then decide whether to prosecute them–hit them where they live
This talk of accountability is hogwash.
First, Republicans and conservatives believe too much in an imaginary rule of law. A substantial minority of them react in horror to the very thought of just punishment of malefactors.
Second, even those disposed to accountability or old-fashioned retribution usually lack the commitment and dedication to see it through. They grow tired of the effort, want to go home to the wife and kids and have lives outside of politics.
Third, there’s a sizable number of them who worry about what people will think, or will say that principles demand doing nothing.
And fourth, there’s a sizable group concerned about the eventual counterstrike that will inevitably come when the enemy is back in power.
What these people do not understand is that the genie of lawfare and cancel culture is out of the bottle and not going back.
At least, he won’t be going back until the civil war ends with victory for one side or the other.
The winners won’t be Republicans or conservatives.
Then we must use cancel culture destroy them. Especially destruction of their finances.
One of the most, if not THE most demoralizing effects of the last 8 years, has been the flagrant unaccountability of the those in the Democrat party and their aiders and abettors in crime. No one ever has been held accountable for a litany of egregious abuses and crimes.
It would be cleansing, a refreshing, as well as an essential act in the Restoration of the Rule of Law, that those who committed these acts, as well as a warning to those contemplating to do so, that they will most assuredly be held to account, and suffer the consequences of their actions.
CONSEQUENCES for wrong doing must be restored if the people are ever truly going to be free.
I couldn’t agree more–there are people who are sitting in jail because they walked into the Capitol, or a grandmother who is facing jail time because she prayed in front of an abortion clinic while felons, outright traitors, and others have walked free.
We need to make a point that the two tiered justice system is over–start the Garland, the DOJ, the FBI, and work your way through the bureaucracy
Demonstrating that there is NOT a two-tiered system of justice in this nation is not at anything like “getting even.” Holding abusers of position and of titles and of laws is not anything like “getting even.” The Dems and Lefties went out of their way to abuse their offices in specific targeting against the GOP or anyone like-minded. They are the ones who violated their oaths; they are the ones who ran afoul. It is NOT “getting even” to go after these perpetrators. That they all happen to be of one party is their doing, not ours and not Trump’s.
I hate them as much as anyone here. They belong in Cuba or North Korea. But… To prosecute these people — what laws have they violated?. What would be the legal basis?
Let the downvoting begin, but someone please, please clear up my confusion. Thanks in advance.
Agree that criminal prosecutions would be an overreach in most cases, But going after them civilly on multiple fronts for abuse of process and/or malicious prosecutions might serve as a deterrent once immunity is removed.
Conspiracy to violate rights. Abuse of office. Selective prosecution..
There is very fertile legal ground here, and they deserve everything coming their way.
We need a culture change first–a great debnking of the debunkers.
I have a very deep foreboding about what is going on. Perhaps the GOP victory this time is just the twitching of a corpse into which an electrical current has been passed. But the lawfare practiced by the Left during the first Trump administration in its efforts to unseat him and then the continuance under Biden, including the lack of Writ of Habeas Corpus for J6 detainees makes me fear that real rule of law is dead, and that law is now merely a figleaf for raw power.
Rule of law makes sense if there is such a thing as lex divino et naturae. Further, the Christian doctrine of original sin made rule of law desirable, in that it forbade any one sinner or group of sinners from having the power to destroy society. But, if law is merely the will of a governing class that believes that power is an end in itself, then rule of law will be abused to the nth power. This is what we’ve seen over past several years.
It’s not getting even to look for and expect accountability from people who abused the legal process–he absolutely needs to look at the prosecutors, FBI agents, and anyone else who had a hand in those cases–they were the real fascists
I may be wrong but I think bar associations are private bodies empowered to regulate who can practice law. With that power, they have the obligation to police the conduct of those they have deemed worthy, Perhaps you should look in your own back yard.
In order to get the bar to act, you must make a complaint and provide enough evidence of wrongdoing to get the bar to seriously investigate and take appropriate action.
One of the early projects for the new administration and Congress must be to amend the voting acts. Congress has the constitutional authority to direct voting procedures and standards among the States. Do it. Don’t be shy, but make them as secure as possible, not the fastest, not the cheapest. Cut out all avenues for fraud.
And treat election fraud as a no-shit capital crime.