The structure behind Lawfare and politicized judges

 

James Howard Kunstler has written two articles that provide a great deal of background information about the struggle between the Trump administration and seemingly out-of-control federal judges.

In the first, titled "Judgepocalypse Now", he explains the background.

If you want to know one paramount reason for institutional failure in our country, look to the evil enterprise that calls itself “Lawfare.” It originated as a blog launched on September 1, 2010, founded by three key figures: Benjamin Wittes, Jack Goldsmith, and Robert Chesney. Over time it evolved into an activist operation, The Lawfare Institute, a 501(c)(3) nonprofit dedicated to (cough cough) “Hard National Security Choices,” and run under the shady umbrella of the Brookings Institution.

The point of Lawfare is self-evident in its name: it is an instrument of warfare against a perceived enemy which, for the past decade, has been the political faction led by Mr. Trump, the once-and-current chief executive of the federal government. Mr. Trump is a danger to the bureaucratic arm of the federal government because he has defined it as a racketeering operation and moved decisively to end its depredations. Lawfare is the praetorian guard of the permanent DC bureaucracy, including especially its rogue intel actors, who function as enforcers for the Democratic party that largely staffs the bureaucracy.

Norm Eisen, a Brookings senior fellow, is the chief operational strategist for the Lawfare enterprise ... [He] leverages a network of nonprofits (ACLU, Public Citizen, etc.) and left-leaning judges to file hundreds of new lawsuits to thwart the MAGA clean-up effort under Elon Musk’s DOGE. Tax filings show that CREW’s funding, in part, comes from George Soros’s Open Society Foundations. Item: during the 2020 COVID-19 pandemic, CREW received $432,000 in Paycheck Protection Program (PPP) loans from Newtek Small Business, which evolved into a financial holding company after acquiring National Bank of New York City in January 2023, rebranded as Newtek Bank.

The money-laundering through multitudinous foundations, NGOs, and “non-profits” is the essence of the Democratic Party’s racketeering mode in league with federal bureaucracies such as USAID that dispensed billions of dollars to a vast network of activist recipients. Translation: it provides salaries (often six-figures) to party foot-soldiers whose only duties are to move the money through the organizational layers and to be available for such party tasks as ballot harvesting, vote-counting, and organizing riots.

This is the mischief that Mr. Trump seeks to put an end to, and so he must be thwarted at all costs by those whose lifeblood depends on the ongoing rackets.

There's more at the link.

In his second article, titled "The Last Resort", Mr. Kunstler shows how the Trump administration is developing countermeasures to deal with Lawfare.

The enabling device for that monstrous power seeking of the Democratic Party was the colossal racketeering operation they implanted in every corner of the federal government ... perfectly illustrated in the DOGE’s recent deconstruction of USAID. That agency worked as a gigantic money laundering matrix to pay Democratic Party activists for the sole purpose of maintaining and expanding the party’s power — its ability to push American citizens around, control our lives, tell us how to live, how to think, and, ultimately, in the Covid-19 scam, telling us to take our shots, get lost, and die. Pitifully, a lot of those vaxx victims were the Democratic Party’s own rank and file, which shows you how psychotically suicidal the Democratic Party became.

. . .

Mr. Trump was played masterfully in the initial 2020 Covid roll-out by the likes of Dr. Fauci, Deborah Birx, and the faithless Veep Mike Pence who directed the Coronavirus Task Force (and whoever was behind it). The president could not bring himself to oppose or cast doubt on their diktats and to this day he must remain embarrassed about how that all worked out. But he also probably learned to not be fooled again.

And so, after the fishy 2020 election, and during the disastrous “Biden” years, Mr. Trump had time to lay careful and comprehensive plans for ending the massive racketeering and for restructuring the federal apparatus into a leaner, more efficient, and more lawful enterprise for managing the civil society known as the USA. Which brings us to the present.

. . .

Also, thus, the Democratic Party’s last resort: the federal judiciary ... They are the Dems’ only remaining lever of power. And they can only be activated by lawyers filing suits against Mr. Trump — hundreds having been filed in the past eight weeks. And these, as you learned in the Friday post here, are directed by attorney lawfare field marshal Norm Eisen, senior fellow at the Brookings Institution, using the many well-paid lawfare lawyers at his disposal.

In politics, momentous things often happen on weekends. This past Saturday, Mr. Trump released a White House memorandum directing the Attorney General and the Director of Homeland Security “to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.”

More specifically, the president’s memo asserts:

Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct in Federal courts. Attorneys must not present legal filings “for improper purpose[s],” including “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.” FRCP 11(b)(1). Attorneys must ensure that legal arguments are “warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.”

This is the first time that legal discipline has been leveled directly at the lawfare lawyers themselves. (Election-rigging maestro Marc Elias is mentioned by name in the memo.) It means that after eight years of this noxious gamesmanship, they are going to have to start answering for their actions, they will have to lawyer-up on their own account, and they are going to discover (the old saying goes) how the process is the punishment.

Again, more at the link.

The Trump administration will, of course, continue to appeal against the restraints imposed upon it by activist judges;  and I hope and trust the Supreme Court will rein in district court judges who seem to think they can impose injunctions affecting the entire country, rather than their small corner of it.  Nevertheless, the Lawfare structure has been built up, reinforced and lavishly funded for many years.  It's not going to go away unless and until it's defeated and broken up . . . and that's going to take years.  It probably won't be completed during President Trump's term of office, and will have to be continued into his successor's first term (assuming this country elects the right sort of successor, of course).

Peter