The left’s original iteration of Trump era lawfare (circa 2017-2020) was two-pronged: choose and simply run to any progressive federal judge in order to secure an injunction and/or simply impeach the guy as many times as you like. History reflects rather limited success on both fronts though both inflicted (some) political damage on the target.
An added advantage: the voting public did not exact a penalty on the Democrats’ misuse of process as the party won the presidency in 2020 and turned in a better than expected performance in the 2022 midterms.
Chapter two of lawfare covered the latter stages of Trump’s first term and the beginning of the Biden era. Here, the Left’s well-heeled plaintiffs’ bar wing filed high profile climate change-related lawsuits against big name fossil fuel defendants on behalf of blue states and localities.
High expectations for this Green New Deal tactic have (so far) been dashed, as even Democrat-appointed judges in Democrat venues have been quick to dismiss such claims as a bridge too far. (See David Blackmon’s recent Daily Caller News Foundation column “Holding no levers of power, Democrats focus on lawfare to slow Trump agenda”).
The third chapter of lawfare was of course the various tactics employed during the Biden administration to investigate — indict — try — convict — and sentence the orange menace after it became clear he was planning to run for re-election. Accordingly, most of 2023 and 2024 featured high profile investigations — raids — grand juries — indictments — trials — and (at least one) conviction — always accompanied by the usual high ground disingenuous pronouncements, especially the old standby “nobody is above the law.”
A barrage of lawfare induced bad press (and bad polls) sounded real good to Trump-hating dark blue America. Here, the full force and resources of the U.S. Department of Justice (in addition to local prosecutors in Manhattan and Fulton County, Georgia) would ensure the alleged sponsor of January 6th would finally be brought to justice — and not so coincidentally — knocked off the presidential primary ballots in 2024.
But then … life happened … as the general public was educated to the facts, circumstances, and often specious applications of law behind the legal machinations.
In the end, the people were not impressed. The expected groundswell against Trump failed to materialize. In fact, the general shallowness of the cases reminded many of a similar big (“We got ’em this time”) buildup followed by an untidy (and unsatisfying) presentation: the Russian hoax.
All of which brings us to a potential new phase of lawfare: the shoe is now on the other foot. On the right, there is a drumbeat for revenge against the perpetrators, including local prosecutors, federal prosecutors and former Attorney General Garland himself.
And it doesn’t stop there, as new Border Czar Tom Homan requests the Trump Department of Justice investigate a sitting Member of Congress (Rep. Alexandria Ocasio-Cortez) for her efforts to educate illegal migrants on how to impede Immigration and Customs Enforcement (“ICE”) investigations.
My two cents: leave the penalty phase to the profession’s enforcement arm, either state bar associations (recall Bill Clinton lost his law license in Arkansas for five years after lying under oath in the Monica Lewinsky affair) or the respective ethics committees of the House and Senate.
This route may not be the sexy alternative. It may indeed be cumbersome and unsatisfying to the red meat crowd.
But it keeps the president — and his administration — out of the weeds. It denies the left the opportunity to claim Mr. Trump lied when he claimed his second term would be about success — not revenge.
Speaking of which, why would we want to change the narrative from winning (every day) to revenge anyway? The left is on defense — idealess and choosing to die on hills (USAID giveaways — men in female athletics — migrants over American citizens) that are closer to 20% rather than 80% in the latest polls.
At the end of the day, it’s about keeping your eye on the prize, especially when your opponent insists on imploding. Jus’ sayin’.
Bob Ehrlich is a former governor of Maryland, member of Congress and state legislator. He is the author of five books on American politics and opinion pieces that have appeared in America’s leading newspapers and periodicals. He and his wife, Kendel, can be seen and heard on their weekly podcast, “Bottom Line with Bob & Kendel Ehrlich.”
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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