“Reimagining” the Resistance: Lawfare Warriors Express Regret But Not Remorse After Election

Below is my column on Fox.com on the new effort to “reimagine” the resistance to Trump, including the recognition of the failure of lawfare. While some figures on the left are expressing doubts over the efficacy of weaponizing the legal system, it is doubtful that we have seen the end of it. They are only regretting that it did not work. The center of gravity of lawfare will now likely shift to the states and Democratic attorneys general and District Attorneys. “Reimagination” is rarely a form of self-examination, let alone self-criticism. That is evident in some of the most recent writings of lawfare warriors. They are like wandering Ronin samurai, warriors who lost not just their master but their purpose. What they seem to lack most, however, is principle. Whatever “reimagining” occurs, it should start with a recognition that lawfare was an abuse of the legal system for political ends.

Here is the column:

The reaction to the reelection of Donald Trump in the media has ranged from histrionic to outright hysteria. MSNBC analyst and former Sen. Claire McCaskill wept openly on television as CBS News anchor John Dickerson got choked up on national television in an interview on The Late Show with Stephen Colbert, still struggling to discuss the news days after the election.

However, arguably the most perplexing responses came a few days ago when the New York Times ran a column from one of the advocates of the lawfare used against Trump since 2016.

Yale Law Professor Samuel Moyn has long been a favorite of the New York Times as part of what I have previously described as a counter-constitutional movement in higher education. As I discuss in my book, The Indispensable Right, Moyn and others have insisted that the constitution itself may be the problem with America.

In a previous New York Times op-ed, “The Constitution Is Broken and Should Not Be Reclaimed,” Moyn and Harvard Professor Ryan D. Doerfler called for liberals to “reclaim America from constitutionalism.”

While the New York Times publicly condemned a U.S. senator for writing about the use of the National Guard to stop violent protests (as would be done at both the White House and the Capitol), it has published a long line of figures who have engaged in violent or extremist rhetoric from the left.

However, this particular column may be worth the ink and hypocrisy needed to publish it. The New York Times long lionized those who brought raw partisan prosecutions against Trump and his allies, including efforts to cleanse ballots to deny citizens the opportunity to vote for the man who just won the popular vote.

In his new column “Liberals Bet They Could Beat Trump With the Law, Moyn regrets the lawfare, not because it distorted the law and weaponized the legal system, but because it did not work.

He even quotes Benjamin Wittes, who helped create the Lawfare website, which was used, in Moyn’s words, “to hem in Mr. Trump.” Wittes wrote, “I have no interest in recriminations.” Perhaps, but the public does.

The election—which handed both houses of Congress and the White House to the GOP—was arguably the largest verdict in history. However, it was not necessarily a verdict for Trump as much as it was against the lawfare and advocacy journalism that had been used openly for years.

After all, the “Let’s Go Brandon!” movement developed at the start of the Biden Administration and was as much a criticism of the media and political establishment as it was Joe Biden —  a type of “Yankee Doodling” of the governing elite.

For years, these figures ignored the “recriminations” of some who objected to using the legal system for political purposes, particularly in the New York cases.

To his credit, Moyn now admits that “the more uncomfortable truth is that our search for political salvation primarily through the law has backfired.”

However, he remains remarkably uncritical of such tactics in the first place. Instead, he insists that these losses were due to simply “legalistic tactics.” Some of us call that the law.

Moyn plays Shakespeare’s Othello in claiming to be “one that lov’d not wisely but too well.” The problem, he explains to the fragile Times readership is that they “rooted their opposition to Mr. Trump in the law since his first month in office.” He even refers to efforts early on to block Trump’s immigration policies.

As soon as Trump came into office, he faced an acting Attorney General, Sally Yates, who ordered the department to stand down and not assist the new president in his immigration orders. I wrote at the time that the order was an outrageous and partisan act by Yates, who was planning on leaving in a matter of days.

While I criticized the initial Trump orders as poorly crafted (perhaps due to the lack of legal support) and in need of revision, I noted that he was likely to prevail on his claimed underlying authority. He ultimately prevailed after revising the orders. Yet, the New York Times and other publications again lionized Yates for an act that some of us view as unprofessional and arguably unethical.

The problem with the lawfare campaign is that it did not just treat the law as an extension of politics, but treated the public as chumps. A large part of the public saw these cases for what they were: the use of motivated judges in favorable jurisdictions for political advantage.

These same figures claim to be “saving democracy.”

The result was that liberals convinced many citizens that democracy was at risk . . . from them. What they saw was efforts at ballot cleansing to remove Trump and other Republicans from the ballots. They saw raw lawfare in New York courts. They saw Kamala Harris and other Democrats supporting an unprecedented system of censorship that one court called “Orwellian.”

Liberals continue to ignore that obvious disconnection despite the polls showing that they were increasingly viewed as the threat. Voters in swing states felt that Trump is more likely to protect democracy than Kamala Harris, who was running on a “save democracy” platform. One poll asked whether Trump or Harris “would do a better job” of “defending against threats to democracy,” 43% picked Trump, while 40% picked Harris. Likewise, free speech registered as one of the greatest concerns for voters in this election after years of censorship and blacklisting from the left.

Now, one of the academics who previously said that we have to reimagine our democracy and trash our constitution is advising that the election left “a Democratic Party in dire need of reimagining.”

There is a point where “reimagining” everything from the police to democracy becomes less of an exercise of self-evaluation than self-delusion. What many figures like Moyn are not willing to admit is that what Democrats attempted to do with lawfare was wrong and that the public rejected it … and them.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

 

 

 

216 thoughts on ““Reimagining” the Resistance: Lawfare Warriors Express Regret But Not Remorse After Election”

  1. * Regret or remorse

    Remorse requires an understanding of wrong as a wrong was done and acknowledgement of the harm done. Regret has no such requirement as in , I’m sorry I got caught says the robber.

  2. We all knew it was a farce from the start. They knew it. They knew we knew it. They didn’t care.

    Now that all of it is in the open and they still have no shame or remorse, not a soupçon of awareness or care – they are going to be doubly defeated next time. Possibly into the bin of history.

  3. All you chucklemonkeys in the upper Midwest can look forward to huge increases in gas prices.
    The 25% tariff on Canadian imports includes crude oil imports. Canadian crude is very heavy and all the refineries in the Midwest are specifically designed to refine Canadian crude. They can’t just switch to other crude without massive and expensive structural changes to the refinery.
    The refineries could just shut down of course, but then gas would have to be shipped from Texas or the West Coast by tanker. Extremely expensive to do that.
    There are no pipelines to supply gas to the Midwest because they have always used Canadian crude which is much closer to the refinery.

    1. “All you chucklemonkeys in the upper Midwest can look forward to huge increases in gas prices.”

      Another bitter and hysterical Woke commie useful idiot. Next you know it will be back to 2016, telling all the “chucklemonkeys” that Trump would start WWIII the moment he was inaugurated.

      There isn’t enough Midol to help these Bolshevik Boys and their crying manginas.

    2. Chucklemonkeys reside on the left spectrum of American political dopes. Everything under the D brand reign has inflated costs due to over regulation , higher taxation and uncontrolled govt spending. About the three things that the D brand cabal is insanely good at.

  4. ‘Enough already’: Mike Johnson panicking as GOP may only have 1-seat House majority

    What? I thought it was a landslide for Republicans and trump? Tell me it isn’t so Donald.

    1. ‘What? I thought it was a landslide for Republicans and trump? Tell me it isn’t so Donald.’

      I thought all the commie trolls were leaving for Canada after all the lying and denying failed?

      Say it ain’t so, Whoopy.

      1. Where did you get your misinformation?
        Last I looked, it was 220 to 214 with several pending races with Republicans leading in half of them.
        A “landslide” clearly refers to Republicans controlling all three: House, Senate, and WH.
        Try again.

  5. Hey everyone. I would feel regret but not remorse if I did not take the time to express a humble Thanks for the good professor taking the time to engage us every day, –and for all the great substantive comments this year in response to his posts. Let’s all be thankful that we live in a country where we can so engage with each other.
    As an aside, I found a local Walmart store and went in and purchased the biggest skirt I could find (it has “XXXs on the tag) and will take it with me to dinner tomorrow and tell everyone that I brought “extra clothes” with me to change into after I eat! Ha!
    Here’s to all, a great Thanksgiving!

      1. I don’t know what size Lin’s XXX skirt is… but if you expect it to cover Gigi’s lard ass it would have to be big enough to sleep a platoon of troops.

        Given that Gigi’s skirts are normally up around her ears while she’s at her other job, the size doesn’t matter much anyways.

    1. I shopped the heck out of WalMart this month, their Black Friday sales. Got 2 small crock pots for $15, a MyMini 5-inch Noodle Cooker & Skillet Electric Hot Pot, Blackberry (3.7″ x 5.25″, 1.25 Lb) for sub $9.00, a half-price 5 gallon shop vac for $39, and a Gourmia All-in-One 14-Quart Air Fryer, Oven, Rotisserie, Dehydrator with 28 Cooking Presets, New for $50, down from $99 regular price. Thank God for Klarna! And for my unemployment check!

      Since I have to cook all my meals now, this was a God-Send! Been doing my eggs and bacon breakfast in the MyMini the last few days, and it is perfect for that! Beats the heck out of the hot plate with the small cast iron skillet. Also vacuumed out the Cat Prison that Mittens lives in, all 12 cell blocks! And, since both my Immaculate Conception kittens went to their new homes today, I vacuumed out the mesh kennel they lived in, too.

      WalMart is great! I read somewhere that a lot more $100,000+ income people shop there nowadays.

    2. Lin,
      As always, a classy comment!
      A happy and safe Thanksgiving to you and yours!

  6. Jonathan

    I am really enjoying watching Dennis fall apart and lose what is left of his tiny mind, with his daily supermarket tabloid offerings.

  7. Jonathan: DJT hasn’t even been sworn in and we are already having a taste of what to expect in his second administration–corruption on a vast scale. Need proof?

    Enter Boris Epshteyn–DJT’s closest advisor for the past nine years. And this isn’t about Epshteyn’s previous scrapes with the law. This isn’t about the 2014 incident in Scottsdale where Boris punched a man in the nose and had to plead guilty. It isn’t about another 2021 incident in another night club in Scottsdale when Boris was arrested for sexually assaulting 2 women. This isn’t even about Epshteyn’s criminal indictment in Arizona over his participation in the illegal “fake elector” scheme. No, this latest scheme by Boris has rocked DJT’s transition team. What’s this about?

    It seems DJT’s own transition team found credible allegations that back in February Epshteyn had a meeting at Mar-a-Lago with Scott Bessent, a hedge fund manager, and offered him the position of Secretary of the Treasury in a second DJT administration–the guy DJT actually picked last week. At the time of the meeting Boris asked Bessent for a monthly payment of $30,000 to help facilitate the nomination. Bessent reportedly denied Boris’s demand. DJT’s lawyers also found “multiple instances” of Boris asking for similar payments in exchange for promoting other candidates.

    Apparently, Boris is in some hot water for his pay-to-play scheme. Will anything happen to Boris as a result? Hard to say. He has denied the charges claiming they are “defamatory”. I seriously doubt DJT will fire Boris. They are close. But I suspect DJT will tell Boris: “You are cutting into my territory. If anyone is going to get paid to be in my government it’s me. Never forget that!”. Corruption in a second DJT administration? You betcha–and in spades!

    1. Jonathan: DJT hasn’t even been sworn in and we are already having a taste of what to expect in his second administration

      Jonathan, your sexual deviant pervert fake friend Dennis McIntyre is back trolling you. Yet again in order to get the sexual gratification he admitted is the reason he does this to you every day. He’s so bitter and angry! He hoped it would go the other way with another four years of President Daddy-Daughter Inappropriate Incest Showers to fulfill Dennis’s sexual fantasies about sex with his young relatives.

      EEEwwwwwwwww!!!! Do Dennis’s relatives know this about Dennis?

      On another note, Dennis has already experienced the beginning of four more years of he and his fellow Democrat trannies and groomers getting more and more beatings as normal Americans – not only Trump – take Dennis and the rest of the Democrat pervert cabal to the proverbial woodshed.

      Dennis, at least assure us you wash your hands after each period of playing the skin flute before you place them on your keyboard.

    2. Dennis
      As is typical one should presume that the real facts of any claim that you make are likely to barely resemble your claims.

      I have not looked up your claims – Frankly they pretty much never prove to be what you claim.
      Further I am not hearing any reporting from the credible press – or even the MSM which is not credible on your claims.

      I see no evidence that Epshteyn is a close confidant of Trump or particularly influential. I do not recall he name getting reported ever in the past 9 uars with respect to Trump.
      Possible Borris is an unbeleivably well kept secret – but if he actually has the past reco4rd you claim – the PRess would have been all over hin 8 years ago

      Maybe I a wrong and actually spending time looking into some claim of yours would for the first time prove to NOT be a collasal waste of time as I discovered how far the truth was from your claims.

      But lets assume for the sake of argument that much of what you write is correct.
      You say Borris plead guilty to assault in 2014 – BTW there is no such thing as “had to plead guilty”.
      Regardless in my community assault is a serious fellony and leads to years of jail time even for a first offense.

      Next you mention an arrest for some allegation – but no conviction or plea. So what is it – was the case dropped ?
      In the US people are still innocent until proven guilty, and I presume that allegations that do not even result in a trial are highly likely to be false – again I could be wrong.
      But you have to do much better than an allegation that was never prosecuted.

      Absolutely not interested in “fake elector” nonsense from you – there is no such thing. More than a century ago the Federal courts said that the constitutional way to challenge an election before congress if you want congress to award the votes of that state to you – is not just to challenge the State certified result but to offer congress an alternate slate of electors. ALL these “fake electors” cases – like the idiotic efforts to use A14S3 to remove Trump from ballots is just stupid lawfare – for which those prosecutors who engaged in should see real consequences.

      So lets make this easy – EVERYTIME you say “Fake elector” – I an large portions of those with a clue about the actual law and constitution hear – “Crimminally corrupt Lawfare by the left”

      As to your more recent claim – why would anyone beleive anything you say about Trump’s ransition team – when you call them all a bunch of fascist nazi’s – there is really nowhere to go from there.

      Regardless the implication of your remarks – assuming I beleive them, is that Borris was NOT part of the transition team. Presuming as seems likely that is the case – I really do not give a schiff what he may or may not have said to Bessert. I know that you beleive everyone right of the far left is a moron – but I doubt a single person Trump has picked is so stupid as to take seriously the kind of nonsense you are claiming that is NOT coming from someone on the transition team.

      I would further note that the members of the transition team and the way they have worked is fairly well documented.
      I really can’t seen Musk or Vivek taking a bribe – really – how is it that you bribe billionarires ?
      Gabbard resigned from an incredibly prestigious position in the DNC and walked away from being a future LIKELY democratic presidential candidate – she easily could have been Harris -had she not pissed of Hillary by calling out the pro-clinton corruption in the 2016 DNC.
      So you think Gabbard is now taking bribes ?

      But it gets worse. The transition teams puts together candidates. It then schedules meetings, interviews background checks.
      Then it presents a list of candidates for a position to Trump in a meeting and Trump ALONE makes the decision.
      Again do you really think Trump is bribable ?
      Sorry stupid question – you are a moron and probably think Trump would take 30K for an appointment.

      My point i that liker ALL your “Stories” this one has so many holes it is sinking like a rock.

      But one more thing to add. Trump fired HHS secretary Price for using govenrment planes to fly about doing his job, rather than flying commercial.
      Do you really think he is not going to fire someone soliciting bribes ?

      To my knowledge only three cabinet members did not fly commercial during Trump’s first term – Trump himself who was REQUIRED to Teavel in AF1, Pence was was reuired to use AF2, and Betty Devos who was a billionaire and flew her own plane which she did not charge the government for.

      Now Democrats routinely fly on govenrment planes – sometimes even for non government purposes – there was a fight over Pelosi’s use of a government plane for political and personal purposes during Trump’s first term.

      I would note it is NOT illegal for cabinet secretaries or even underlings to travel on a govenrment provided plane – but absent a compelling special need – such as flying to Kiev to hammer out a peace deal ASAP, it is generally a very bad look – and Trump fired people – for just looking wasteful or corrupt.

      But democrats revel in the perqs of the office at public expense – as do many republicans, just not Trump.

    3. Dennis.

      Just had to look up Borris.

      As expected lots of factual errors.
      The 2014 charges were DROPPED.
      In 2021 he plead guilty to essentially “drunk and disorderly” received probation on an ARD basis, completed probation , went ot alcohol treatment and on completion of that and probation the conviction was set aside – this is relatively commonplace for disorderly conduct or first time minotr alcohol related offenses.

      Borris DOES have a long history as a Trump advisor – but NOT “open of trumps closest advisors”.

      Most of these 2020 lawfare election cases are farces – but the AZ one is one of the worst and the AZ AG has indicted people who had absolutely nothing to do with Trump’s AZ election challenges.

    4. DJT has not even been sworn in an we are already seeing a taste of the lawfare that the left is preparing for his presidency.

      Dennis – I STRONGLY suggest you read the Trump platform, and the election exit polls, and the general polling of the american people.

      I know those of you on the left like to deny this – but Trump and Republicans have a MANDATE.

      They have a mandate because they won the popular vote and the house and the senate – despite all your lies and lawfare and election fraud.

      The have a mandate – because Voters made clear EXACTLY what they want of the next president.
      They have a mandate because polls before and after the election show that nearly all Trump’s platform has super-majority support.
      They have a mandate because despite the claims of left wing nuts like you – from begining to end of the campaign Trump was Crystal clear about what he was promising.

      In FACT democrats have a serious problems – because you accused trump of doing things like cuttng social security – and people voted for him anyway.

      Arguably he has a mandate to do the very things you LIED and said that he would do – the only other choice is admitting that you lied and that voters did not beleive you.

      Get in the way of delivering that mandate AT YOUR PERIL. That is not ME saying that – that is Voters who said that.

    5. Dennis – lets look at this in comparison to Hunter Biden.

      First – Hunter has been convicted of numberous crimes, and with near certainty committed many more.
      Borris pled guilty ONCE to ro drunk and disorderly – appears to have gotten his life together and got the conviction set aside.

      Without any doubt Hunter ASKED for and Received millions in return for his influence with his Father – VP and later president Biden.
      Joe has called Hunter his closest advisor

      Despite your claims there is little evidence that Borris was ever more than one of many advisors.

      Hunter frequently delivered on the promises he made in return for money.

      From what we can tell – Borris received no money and the people he allegedly tried to bribe reported him to the Transistion team,
      and he is now PNG in trump world.

      The allegations regaring Hunter and Joe are inarguably a crime. Hunter was selling the power of the office or president and earlier vice president.
      Borris – if youtr story was true was truying to seel the power of the president elect – which is NOT public power.

      There is absolutely no doubt that the conduct you allege Borris did – if true is unethical.
      But I strongly suspect it is not illegal. That said – if it is, I would expect Borris to be prosecuted.

      Conversely – Hunter was selling Public Power – that is illegal for Hunter, and that is illegal for Joe to provide.

      The lefts argument regarding the Biden corruption syndicate is that Joe did not know that Hunter was selling the power of the vice presidency and later presidency and it is just coincidence that Hunter got what he was paid for. And that because while the Money trail to Hunter and other members o f the Biden crime family is rock solid, it is weaker with respect to Joe.

      If absolutely everything you allege was True – and Bessert got the job because of payments to Trump.
      Probably there is no crime – AND it would still be far less corrupt that the Bidens.

      But the FACT is what you allege is at very best only partly true.
      No one took money and Borris is out.

      Sure sounds like Trump is 10,000 times less corrupt than Biden.

      1. John Say,
        Excellent comments and a great take down of Dennis!! Will Dennis continue to make outlandish predictions based on nothing but his delusions that like all of Dennis’s other outlandish predictions never came true?

        1. Upstate, Dennis is left with nothing but lawfare. Every time he makes his case, it’s swiftly dismantled, exposing the left’s dependence on falsehoods. Meanwhile, Trump, without even setting foot back in the White House, is already reshaping the world.

          1. S. Meyer,
            Well said. It already appears Trump’s election win is, as you aptly point out, reshaping the world. Trump’s tariff threats against Mexico may have gotten a secure southern border. The Israel/Hezbollah ceasefire appears to be holding. Celebrations are breaking out across Lebanon. There is talk of a Ukrainian/Russian peace negotiations in the coming months. I truly hope for a secure southern border, and peace in the Ukraine and in the Middle-East.

            1. “The Israel/Hezbollah ceasefire appears to be holding. “

              Fighting already occurred in Southern Lebanon. The end of the war was imposed on Israel. When WW2 was fought, did the world impose a peace settlement on the US? Of course not, because that would mean continued war. WW2 ended with unconditional surrender. That is how to end wars and rebuild countries. Hezbollah is taking a breather until it starts the war again like Hezbollah and Hamas have done many times before.

              The only end to this war is to take out the snake, Iran and its nuclear weapons. Then true peace might occur if they surrender and the State of Israel is recognized. Killing the snake is not just for Israel’s sake. It is also for our sake because there are Iranian terrorists in Yemen blocking the waterways and terrorists in South America waiting to strike.

              Underneath the rhetoric of Hamas and Hezbollah is the desire to exterminate the Jews in the Middle East and then destroy America to create a worldwide Caliphate. America, not Israel, is known as the Great Satan. That is the mindset of the leaders of Iran. 

          2. Lawfare is just a step in escalation. The core problem is that those on the left will do ANYTHING to retain power. that is why they lost this election, and why they are dangerous.

        2. Mostly I do not care about Dennis, of Gigi, or George or the couple of other extreme left wing nuts who will never have their views changed by reality.

          But there ARE lots of people out there who vote democrat who are not in this idiotic TDS cult.

          To the extent I have an audience – that is it.

          I am deeply concerned about the democratic party and have been since before 2016.

          The new MAGA Trump GOP is far from perfect – but it is an improvement over the Bush GOP that preceded it.
          I am happy that Evangelicals, social conservatives and NeoCons no longer control the GOP.

          I have dais repeated that I am libertarian – and this is a much more libertarian GOP.
          But I am still not republican.

          Everything that possible can be should be solved by free market negotiations.
          The ONLY role of government is to assure that whatever parties negotiate that their feat is held to the fire.

          The current GOP is NOT libertarian – it has not even moved only in libertarian directions.
          But it is more libertarian that it has been in the past.

          Conversely Democrats are more extreme lunatic woke nutjobs than in the past.

          This stuff DOES NOT WORK

          It is actually important for the democratic party to get their act together,
          and I am very disappointed that with all the analysis of the 2024 election that is going on – far too much of that does not address the real problems democrats have.

          I do not want a GOP that becomes the totally dominant political party.
          I do not trust any party to stick long to principles of individual liberty if it does not have to work for votes to hold power.

          I am not even slightly worried about Trump.
          I would be happy if he significantly accomplished most of his platform.
          And I do not think there is a way in h311 that will happen.

          The changes he is seeking to get done in 4 years are too radical and he will face too much resistance.
          But I am OK if he succeeds.

          But that does not mean that I am happy with a GOP that dominates for the next decade or two – and unless democrats get their act together that is happening.

    6. * You can make such accusation but you’ll need to back it up with hard evidence and reputable citations or it’ll go into file 13, Denis.

  8. I could not agree more with Prof. Turley’s statement, “What many figures like Moyn are not willing to admit is that what Democrats attempted to do with lawfare was wrong and that the public rejected it … and them.”

    When the FBI pursues FISA warrants based on known false information, the public was right to suspect the process. When the NY state prosecutors asked for, and were granted by the judge, a judgement of over $400M where there was no victim, the public was right to question the legal process. When the NY city prosecutor, judge, and DJT himself do not know even to this day the specific laws of which he was found guilty in NY for a documentation (not accounting) error filed after the 2016 election in a state whose electors did not come close to supporting DJT but somehow this error supposedly affected the 2016 election, the public was right to question the legal process. When two presidents have been charged, practically simultaneously with violating federal records acts for substantially similar violations but one is let off the hook and DJT is vigorously pursued, the public was right to question the legal process. When Congress twice impeaches DJT after remarkably truncated investigatory periods, the public was right to suspect that partisan politics was the primary driver. When Congress again investigated the J6 riot but rejected the Republican appointees to that commission and when that commission ruled out any investigation of the management of Capitol security by those responsible, the public was right to suspect that partisanship was the primary driver rather than a search for truth.

    The legal and normal political processes can work – if applied fairly. The ends do not justify the means but rather Prof Moyn and his type need to know it is critically important that the process towards judgement be viewed as fair. The law should be used to constrain violators and not used as a cudgel against one’s political enemies.

  9. Prof. Turley, Once again you have pointed out one of the festering cesspools within the legal profession. Whether it is judges like Chutkan who hand down partisan rulings, Lawyers like Tribe that issue proclamations which are clearly false, or a myriad of legal professors and scholars that advocate for what you yourself label as “unprofessional and arguably unethical” conduct, all share one thing in common: they face absolutely no repercussions. Professor Turley, if I am ever in legal trouble I can only hope to have you for my lawyer but there is a problem in your profession and I have yet to hear what is to be done about it. It would behoove the legal profession to clean the mess up themselves. I fear if they fail to do so the consequences may be far worse than a few hurt feelings and foreshortened careers.

  10. Jonathan:

    I was happy to learn that Dennis McInliar doesn’t have anything to say, but enjoys reading the mocking and ridicule that he receives here every day.

    1. You were early by about 30 minutes. He seems to be posting later in the day, so his tripe pops up first, and the normal detractors (read: sane commentors) have already come and gone.

  11. They are like wandering Ronin samurai, warriors who lost not just their master but their purpose. What they seem to lack most, however, is principle.

    Today’s 2nd reading from the Liturgy of the Hours, Office of the Readings is on point.

    Macarius the Great was a disciple of Antony of the Desert, Egypt, 3rd century AD, who’s sayings formed with others the Apophthegmata Patrum (Sayings of the Desert Fathers). Christianity is the soil on which Western Civilization and hence America was founded.

    From a homily attributed to Saint Macarius, bishop
    (Hom. 28: PG 34, 710-711)

    Woe to the soul that does not have Christ dwelling in it

    When God was displeased with the Jews, he delivered Jerusalem to the enemy, and they were conquered by those who hated them; there were no more sacrifices or feasts. Likewise angered at a soul who had broken his commands, God handed it over to its enemies, who corrupted and totally dishonoured it. When a house has no master living in it, it becomes dark, vile and contemptible, choked with filth and disgusting refuse. So too is a soul which has lost its master, who once rejoiced there with his angels. This soul is darkened with sin, its desires are degraded, and it knows nothing but shame.

    Woe to the path that is not walked on, or along which the voices of men are not heard, for then it becomes the haunt of wild animals. Woe to the soul if the Lord does not walk within it to banish with his voice the spiritual beasts of sin. Woe to the house where no master dwells, to the field where no farmer works, to the pilotless ship, storm-tossed and sinking. Woe to the soul without Christ as its true pilot; drifting in the darkness, buffeted by the waves of passion, storm-tossed at the mercy of evil spirits, its end is destruction. Woe to the soul that does not have Christ to cultivate it with care to produce the good fruit of the Holy Spirit. Left to itself, it is choked with thorns and thistles; instead of fruit it produces only what is fit for burning. Woe to the soul that does not have Christ dwelling in it; deserted and foul with the filth of the passions, it becomes a haven for all the vices.

    When a farmer prepares to till the soil he must put on clothing and use tools that are suitable. So Christ, our heavenly king, came to till the soil of mankind devastated by sin. He assumed a body and, using the cross as his ploughshare, cultivated the barren soul of man. He removed the thorns and thistles which are the evil spirits and pulled up the weeds of sin. Into the fire he cast the straw of wickedness. And when he had ploughed the soul with the wood of the cross, he planted in it a most lovely garden of the Spirit, that could produce for its Lord and God the sweetest and most pleasant fruit of every kind.

    http://www.liturgies.net/Liturgies/Catholic/loh/week34wednesdayor.htm

    Advent starts this Sunday. Now would be a good time for all Americans to return to the principles of Christianity and reject a life “of warriors who lost not just their master but their purpose”.

    1. Estovir, I had a similar thought this morning in my comment as well.

      Lawfare is the weapon of dishonorable ronin.

        1. You do realize all the various Indian Tribes ‘genocided’ and enslaved each other given every opportunity.

      1. Or this https://theconversation.com/the-catholic-churchs-grim-history-of-ignoring-priestly-pedophilia-and-silencing-would-be-whistleblowers-102387

        It seems we have an anonymous Democrat unionized public school teacher giving us a link to the defenders of these unionized teachers’ rampant pedophilia gangs in each public school:

        Unionized Pedophilia and the Public School Classroom: The Huge American Sex-Abuse Scandal That Democrat Educators and their Unions Scandalously Suppress
        https://www.msn.com/en-us/news/us/forbidden-fruit-and-the-classroom-the-huge-american-sex-abuse-scandal-that-educators-scandalously-suppress/ar-BB1pKm5t

        The Sad Lesson of Unionized Public School Sex Abuse: It’s Pass the Trash, Not Catch the Trash
        thepress.net/news/real_clear_wire/the-sad-lesson-of-school-sex-abuse-its-pass-the-trash-not-catch-the-trash/article_a2f0d463-2bb6-5567-8aa2-b389fc7cafec.html

        These Anonymous Democrat cowards from the unionized teachers who follow the Cult of Rock Fairy Atheism and their epidemic of pedophelia and sexual abuse of public school children makes the sexual abuse that occurs in the Catholic church look like two little kids playing show and tell.

        You can’t believe these hate filled Democrats care in the slightest about the sexual abuse of children. Not with their acceptance of pedophelia within their profession, their pedophilia infected unions and their voting for President Daddy-Daughter Inappropriate Incest Showers.

        You’re voting for Biden who was screwing his teenage daughter in the shower while your own union serves to protect the pedophiles like yourself preying on public school children.

        1. You’re voting for Biden who was screwing his teenage daughter in the shower….

          🔥🔥🔥

  12. The lefts Diadem has lost if luster, the jewels have fallen out, and the gold was only foil, the lead headdress is pulling the Democratic Party into the abyss of sadness and scorn and the Fiery Door of doom.

    1. Tgat puts me in mind of the following passage from Revelation:

      Then war broke out in heaven. Michael and his angels fought against the dragon, and the dragon and his angels fought back. But he was not strong enough, and they lost their place in heaven. The great dragon was hurled down—that ancient serpent called the devil, or Satan, who leads the whole world astray. He was hurled to the earth, and his angels with him.

      There are spiritual forces of darkness animating events on earth. The outbreak of extreme antisemitism on the left is one symptom of that reality, and it tells you just who is motivating the Left in the present time.

      1. * Motivating the left? You mean the phantoms and dreams of poverty and ignorance? You mean the devils of human vice and their weapons are fear, superstition and despair?

        They fought in the heavens? You mean the jets and bombs that fell to earth that carried Hell on board? The swarms of locusts as helicopters carrying liquid fire? You must mean the best of great wind and fire that turn the air and all else to a rain of ashes?

        Yes, correct..

  13. Lincoln was a great president who “Suppressed a Rebellion.”

    Proclamation 80—Calling Forth the Militia and Convening an Extra Session of Congress

    “On April 15, 1861,…President Abraham Lincoln issued a proclamation calling forth the state militias, to the sum of 75,000 troops, in order to suppress the rebellion. He appealed ‘to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union.’”

    Proclamation 92—Warning to Rebel Sympathizers

    “[On] July 17, 1862,…I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion or any rebellion against the Government of the United States and to return to their proper allegiance to the United States on pain of the forfeitures and seizures as within and by said sixth section provided.”
    _______________________________________________________________________________

    Now President Donald J. Trump MUST pull a full “Lincoln” and close the border, impose martial law, prosecute a war against the communist rebellion without a formal declaration, shred the Communist Manifesto and irrevocably extirpate all principles of communism in America, implement the “manifest tenor” of the Constitution and Bill of Rights including absolute freedom, absolute free enterprise, absolute free markets, and absolute private property including a fully constitutional dearth of taxation and regulation, eliminate the Departments of Labor, Education, Agriculture, Energy, HUD, and EPA, issue the “Deportation Proclamation” deporting all illegal aliens, past and present, including those who illegally pursued citizenship as criminal border crossers and “asylum” seekers who all made false and fraudulent claims of phantom, nonexistent persecution as foreign citizens with no U.S. rights, establish coherent voter qualifications by State legislatures per the Constitution, declare English the sole official language of the United States, suspend habeas corpus, smash opposition printing presses, networks, podcasts, social media platforms, etc., and throw anyone and everyone who opposes him in prison to Save the Union until America is placed squarely back on the Constitution and Bill of Rights.

  14. Jonathan: The problem with “saving democracy” is that the law is not always the best vehicle to protect our constitutional system. The federal courts have failed to hold DJT accountable for all his crimes. Only in state courts, like in NY, has Trump been held liable for his systematic business fraud and convicted by a jury on 34 criminal counts.

    But all the federal criminal prosecutions have fallen apart. AG Garland was derelict by waiting 19 months to appoint Jack Smith as special prosecutor. Had Smith been appointed much earlier the DC election interference case could have been tried and DJT convicted 6 month ago. Same with the Mar-a-Lago case. The delays and the MAGA SC “immunity” decision has now forced Smith to ask Judge Chutkan to dismiss the DC case without prejudice. Theoretically, the DC case could be revived by a new special prosecutor after DJT leaves office in 4 years. But few legal experts expect that to happen. So DJT skates without being held accountable. That’s a bad for our federal legal system. Justice delayed is justice denied and historians will hold AG Garland responsible for that deficiency.

    So while DJT now escapes the clutches of the law by being re-elected all those who helped him subvert our Democracy won’t be so lucky. In the Mar-a-Lago docs case DJT will avoid prosecution. But Walt Nauta and Carlos DeOliveira won’t be as lucky. Most legal observers believe the 10th Circuit will overturn Judge Eileen Cannon unwarranted dismissal of her case. That means they can still be prosecuted. Unless DJT pardons them for their crimes!

    And others in DJT’s orbit who tried to overturn the 2020 election with the “fake elector” scheme will not escape justice. In Arizona, Michigan and other states Rudy Giuliani, Boris Epshteyn, John Eastman and others who participated in the unlawful scheme will face their own criminal trials. And DJT can’t pardon them for state crime convictions. In Rudy’s case he is now facing destitution over his defaming of Ruby Freeman and Shaye Moss. If anyone knows about the consequences of working with DJT it’s Rudy!

    Jack Smith tried to hold DJT accountable for his crimes. Smith failed. So now it’s up to state prosecutors to accomplish what Smith couldn’t. This isn’t “lawfare” but upholding the rule of law!

    1. Jonathan: The problem with “saving democracy” is that the law is not always the best vehicle to protect our constitutional system.

      Dennis McIntyre, yesterday you posted your bragging confession that the only reason you come here is because you get sexual gratification from every post you troll Professor Turley with.

      Given that none of the other participants and readers here similarly experience sexual gratification from your posts as you do… is there any other reason you can offer for why you’re even worth the skin you’re enclosed in?

      1. I never read the comments generated by the DM bot. I wasn’t aware anyone else did.

        1. As the commies said in their four year insurrection against President Trump: ‘Silence Is Consent’.

          One can easily voice dissent to call out those lies without similarly engaging in lies.

        2. I generally just scroll past DM’s comments, and Gigi’s. Occasionally I will engage with them, but not often. It is not that they are Democrats or Democrat Paid Shills, even – it is just that usually have nothing of value to add to the conversation. I got this book on my kindle a few months back, and it has been very helpful in arranging my time for important tasks, like cleaning crap out of kitty pans, and ignoring useless stuff, like cleaning up the crap in DeMac’s and Gigi’s comments. In one respect, my cats are much better behaved, and crap where they are supposed to crap, as opposed to DeMac and Gigi who just plop out their waste products whereever they happen to be when the urge strikes them. Plus, John Say does a great job of correcting their lies, half-truths, gas-lighting and propaganda. Oh, here is a link to the book!

          https://www.amazon.com/Subtle-Art-Not-Giving-Counterintuitive-ebook/dp/B019MMUA8S/ref=sr_1_1?dib=eyJ2IjoiMSJ9.z-xcCCsdnIpFCwq08_puoA7fPyZr9yqD1o35-ZikLxgFaCBV9SaD4bP4dXO3r8irVdVmNTGUMYND3_vZMjPzMUHxtuM257DjBbwaQ0rB4tRvSNGanhgmW3nOry0rkGSAdp7APMgt3gYyNKrFlisdil3Ot3g6wVesINT2G7crlpJY39hmxtXAbClRX8uGvZvidZ7FfT4XBWIuBE2jRXVdA8dqjGkkt1gqk0dwLVMjHEc.mA4EFfaZnMscjbgIaejgJUVTDqC4IF5sojIYZ0ZagWQ&dib_tag=se&hvadid=713514160440&hvdev=c&hvlocphy=9193259&hvnetw=g&hvqmt=e&hvrand=3855084084638571508&hvtargid=kwd-261455790949&hydadcr=22593_13730688&keywords=the+subtle+art+of+not+giving+a+f&qid=1732738403&sr=8-1

          1. ” it is just that usually have nothing of value to add to the conversation. ”

            Nothing to add, and an inability to express that nothing in fewer than 300 words at a shot. I have better things to do with my time than read the ravings of lunatics who are certifiably delusional.

            1. I googled “fetish for people who like to be embarrassed” – On quora, I found this response, among a host of other answers –

              “Some people may enjoy being embarrassed or humiliated because it can be a way for them to feel a sense of vulnerability or release of emotions, and can also be an expression of their desire to be controlled or submissive in a consensual setting.

              For some people, the experience of being embarrassed or humiliated can be an exciting and thrilling form of emotional release, and can be a way for them to explore and express their desires for submission or dominance. It might be part of a consensual BDSM or D/s lifestyle.

              Additionally, people may have different past experiences that may have led them to have different emotional responses to certain situations, like embarrassment or humiliation. For example, some people may have had past experiences that have led them to associate embarrassment or humiliation with pleasure or excitement, and may therefore seek out those experiences in their adult lives.

              It’s important to mention that for some people, these feelings can be symptoms of deeper psychological or emotional issues, or be associated with negative past experiences. In that case it’s important to seek professional help and counseling to get a better understanding of the root of these feelings.”

    2. DMac,

      Uh…. crimes? What crimes?

      Do you mean bending and misapplying the law, misinforming the jury to get a conviction and just generally bufu-ing the justice system?

      Newsflash: it wasn’t Trump that did that.

    3. You dont trust the law and imply the pitchfork…because you did not get your way. How immature and small minded of you and your ilk.

  15. Professor Turley,

    The real danger is in the persistent and widespread misapplication of the term “lawfare” to raise doubts about the ability to receive justice under our cherished rule of law system. It’s been in place since established by the U.S. Constitution more than 200 years ago. Those who are found guilty of crimes are guaranteed full due-process protections — including indictments based on probable cause; arraignments to learn the charges and enter pleas; rights to retain counsel, present evidence, and cross-examine witnesses; and to have a verdict rendered by an impartial jury of peers and appeal an adverse verdict through all levels of the judiciary.

    Also, defendants cannot be compelled to testify and are protected by several communication privileges, including those covering attorneys, spouses and pastors. This comprehensive approach is applied whether the defendant is Republican politician Trump, a prominent Democratic Party donor such as Harvey Weinstein, or anyone else.

    Federal, state and local prosecutors always have had discretion about which cases to bring to trial and also what plea bargains may be acceptable. Their decisions are made by taking several factors into account, including financial and resource limitations, the personal history and characteristics of the alleged perpetrator, and the interest of serving justice in their communities. In doing so, they are guided by Congress and other legislatures that enact various criminal laws with varying penalties. If they stray too far from these laws or behave in a manner that violates the rights of defendants, the verdicts may be overturned by higher courts, and the prosecutors may be sanctioned under the rules to practice law at issue.

    Tagging a prosecution that adheres to all of these protections as “lawfare” certainly is permitted under the First Amendment unless it promotes violence or interferes with the administration of justice. But using it as a rhetorical cudgel may have real long-term consequences, undermining public confidence in the rule of law, which is a bedrock of our democracy.

    1. The real danger is in the persistent and widespread misapplication of the term “lawfare” to raise doubts about the ability to receive justice under our cherished rule of law system… But using it as a rhetorical cudgel may have real long-term consequences, undermining public confidence in the rule of law, which is a bedrock of our democracy.

      Is that you Dennis, redux? Do you actually know what you’re talking about as it appears to be yet another serving of Harris word salad?

      If so, explain to the audience how Obama sending two of his Attorney Generals, two of his FBI Directors, and multiple DoJ and FBI lawyers to perjure themselves to FISA courts to obtain unlawful spy warrants concerning Obama’s illegal “Trump-Russia Dossier” fits in to build public trust in our justice system and the rule of law.

      Do take the time to enlighten us on how that has no consequences whatsoever for public confidence in the rule of law. Four years of Americans torn apart by those Democrat lawyers felonies as they were bitterly fought over.

      Explain to us how Merrick Garland ordering the DoJ and FBI to hunt down every single J6 rioter. And at the exact same time ordering them to ignore and allow to continue running free every single one of the Democrat street thugs who just earlier had mounted a day long assault on Trump and his family in the White House. A day long battle that included lethal weapons like Molotov Cocktails, sending over 50 Secret Service and Capitol Police to hospital with wounds received in the battle. Ignored by prosecutors who instead prosecuted even the most minor J6 transgression.

      Explain to us how should we see that as somehow or other inspiring public confidence in the rule of law.

      Explain to us how the FBI and DoJ concealing Biden crimes for years from both the public and congressional oversight committees should inspire our confidence in the rule of law?

      Explain to us how the DoJ avoiding prosecuting Hunter Biden even after his father left office, until the statute of limitations on the most serious felonies had expired should inspire our confidence in the rule of law and Democrat Attorney Generals and FBI Directors and their prosecutors.

      Explain to us how that Attorney General Garland plea deal for Hunter Biden that was amnesty for every felony committed over years, in exchange for absolutely nothing to aid prosecutors with only a wrist slap as punishment helped build that “bedrock of our democracy”.

      Explain to us how it’s not your sophomoric Democrat hypocrisy and double standards that identify you as Democrat police state fascist, but your use of the words “our democracy” in your shallow attempted treatise on our republican system of government and justice?

      Better yet, you obvious feckless Democrat fascist police state coward: tell your handlers they need to send better quality fraudsters here.

      You aren’t a skilled enough liar to be whatever pittance it is they’re paying you.

    2. Right, when bad men abuse the legal system for political purposes, the “real danger” is pointing out their corruption and giving it a name (rolling my eyes).

  16. Dogon Priest posted It Is Called 18 U.S.Code § 242

    A good point that has been brought up numerous times before and topical to today’s column:

    Deprivation Of Rights Under Color Of Law
    https://www.justice.gov/crt/deprivation-rights-under-color-law

    I could be wrong, but I think that is one of the felonies that the police officers convicted in George Floyd’s death were found guilty of.

    Would it be fair for Professor Turley’s readers to ask him why he doesn’t write a column explaining (or exonerating) his fellow lawyers who deprived American citizens, not just Trump, of their rights under color of law? Our lying eyes are apparently deceiving us into believing his fellow lawyers are unindicted criminals no different than Biden and his son.

    At the very least a column of legal analysis concerning Professor Turley’s fellow lawyers with him at the top of their profession who committed other felonies with the specific intent of committing the additional felony of depriving their victims of their civil rights by abusing their prosecutorial powers?

    For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

    1. * ” lawfare is an abuse of the legal system for political ends. ”

      Lawfare is an abuse of power and a crime under title 18 section 242. There’s been an abuse of power by officials for a consecutive 8 years by all 3 branches including the judicial branch both State and Federal.

      The next resort is violence as seen in assassination attempts and swatting. Swatting is dangerous. Amazing statements by democrats governors are public.

      Are prosecutions in line?

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