Lawfare Forever and No Supreme Court

Posted on Wednesday, September 4, 2024
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by AMAC, Robert B. Charles
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Much is said about “big issues” – electoral integrity, open borders, millions of illegals, drugs, inflation, public corruption, and the Harris-Walz deceptions. But two issues rise to the top, possible lawfare forever and losing the Supreme Court. If we fail on these, the road back is steep.

These two issues, taken together, will determine the Republic. Harris has been unrepentant – as has the Democrat Party – about abusing the 4th, 5th, and 6th amendment rights of Donald Trump, stepping on separation of powers, free speech, and election interference laws.

Does anyone really believe that, if Harris-Walz win, installing a politically motivated attorney general, installing US attorneys across the country, sending a signal to all Democrat Attorneys General, that persistent, unremitting and ultimately illegal or malicious prosecutions of Republicans, Independents, and any non-conforming Democrats will not multiply?

The Biden-Harris track record is textbook for how to abuse legal process, target opponents, chill and instill fear around speech – how to encourage state and local prosecutors to take cases against political critics, misinterpret constitutional and statutory laws and language, misapply these laws to frighten, harass, detain, and jail those who protest – whether abortion or elections.

Already, we have seen hundreds of cases that would ordinarily never be brought – but got brought to punish administration critics – some against parents for wanting to protect their children from Marxist or immoral actions in schools, some against those opposed to abortion, some protesting CRT, DEI, suppression of speech, defense of Israel, or election irregularities.

The most notorious, of course, one reason for his popularity, are half a dozen contemptible actions brought against former President Trump, two federal for holding classified documents (despite parallel acts by Biden) and an official act – a speech – called insurrection, others at the state level aiming to bankrupt him, jail him, and all abusing traditional understandings of law.

Several of these cases have been clipped by the Supreme Court, a majority of which appears to see these cases as pure put-up jobs, or unworthy of prosecution and dangerous to the nation, our traditional understanding of the Constitution, Bill of Rights, and separation of powers.

Frighteningly, the Biden-Harris team has on many occasions – including rulings on these cases – ignored the Supreme Court, pursuing the cases full throttle, re-filing federal charges hoping to jail Mr. Trump. Likewise, their Justice Department is pedal to the metal, ignoring precedent around how to respect the 4th, 5th, 6th, and 14th amendments, never mind case law around relevant statutes.

What does all this point to? The second big threat. Beyond potentially unending and abusive use of laws to target, dissuade, place in fear, distract and jail political opponents, at literally every level of government, and those speaking up – teachers, business, church and temple leaders, parents and even kids – the real threat is a Harris-Walz White House remaking the Supreme Court’s conservative majority, or undermining the entire institution.

Already, in recent years, the Biden-Harris team has ignored a raft of Supreme Court opinions they did not like, student loans and electoral reform to limits on presidential power, and failed to adequately protect Justices after an abortion ruling they did not like. One Justice was almost killed.

The so-called reforms they are contemplating already, if they do not get enough appointments to oust the current conservative majority, include raising the number of justices, impeaching the conservatives, pulling rank with an ethics law targeting them, imposing term limits – against the Founders’ intent – and effectively displacing the Court’s independence with politics.

To be clear, if this presidential and congressional election cycle does not restore respect for the Constitution, Bill of Rights, separation of powers, fair administration of law, accountability for abuses, and honor Supreme Court justices, structure and rulings, the Republic is in trouble.

So, while many issues animate the public and inform the vote, even those in the middle, those who dislike personality politics, should understand the stakes. If we become a place with endless political persecution and a left-leaning Supreme Court – political rather than independent – we are no longer who we were. The road back will be steep.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

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