Lawfare

E. Jean Carroll’s banana republic justice

E. Jean Carroll gets to keep her money. The Supreme Court has declined to review the $5 million sexual abuse and defamation verdict she won in federal court against Donald Trump. Carroll walks away enriched. Her financier – Reid Hoffman, a wealthy Democratic donor and LinkedIn co-founder who bankrolled the litigation – got his money’s worth too. But the rest of us are much poorer. We are left with a badly damaged legal system and a clarifying, disturbing lesson about American politics: lawfare works. Whether you love Donald Trump or loathe him, the wave of civil and criminal litigation targeting him over the past several years should alarm you.

E. Jean Carroll

Trump’s lawfare against lawfare

It is of course hacky and hysterical to suggest America is turning into a banana republic. How else, though, can a reasonable person interpret Donald Trump’s settlement this week with the Internal Revenue Service?In January, the President and his two oldest sons sued the IRS for $10 billion over the leaking of their personal business tax filings to the press. Because Trump runs the Justice Department, the case was somewhat farcical: "I’m suing myself," Trump wryly admitted last week. "I’ll say, 'Give me X dollars,' and I don’t know what to do with the lawsuit." This week we found out. IRS lawyers felt their case was defensible on various counts: chiefly because the man who leaked the Trump family files wasn’t working for the service when he gave them to the New York Times.

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Does Jolyon Maugham have any self-doubt?

From our UK edition

I was leaving the CNN presidential election night party at dawn in 2016, having celebrated Donald Trump’s victory, when Paul Staines, then the editor of Guido Fawkes, turned to me and asked: ‘Are we the baddies?’ This was a reference to a Mitchell and Webb sketch set during the second world war in which the question is asked by one Nazi of another. I assured him we were not, but it was a genuine moment of self-reflection on Paul’s part, not a joke. I don’t suppose Jolyon Maugham KC has ever been afflicted by such doubts, even after bludgeoning a fox to death with a baseball bat in 2019. Scarcely a week passes without the social justice warrior trying to drag someone into court or lodging an official complaint about them.

The Comey dismissal is a miniature constitutional crisis

United States District Court Judge Cameron M. Currie, sitting by designation in the Eastern District of Virginia, yesterday dismissed the federal indictments against former FBI Director James B. Comey and New York attorney general Letitia James. At the crux of the court order is the judge’s finding that President Donald J. Trump’s administration unlawfully appointed Lindsey Halligan, the US Attorney who signed the Comey and James indictments. Taking the now familiar TDS cheap shot, the court order opens with a description of the US Attorney as “a former White House aide with no prior prosecutorial experience.” Attorney General Pamela J. Bondi appointed Ms.

Comey

Let the retribution begin

Let the retribution begin. A federal grand jury in the eastern district of Virginia, a suburb of Washington, DC, has indicted former FBI director James Comey for lying to Congress about leaking classified information to the press. During his four years at the FBI, Comey became a linchpin of the movement among Democrats in Congress and their legacy press supporters to oust Donald Trump during his first term. Trump never forgives and he never forgets.

Comey

Retribution looms for the NeverTrumpers

"My family and I have known for years that there are costs to standing up to Donald Trump," says James Comey, the former FBI director, in a video statement on – naturally – Bluesky. "We will not live on our knees, and you shouldn’t either." The Resistance is strong in that one. To a dwindling number of hardcore NeverTrumpers, Comey is a sort of godfather figure. He seems to love the attention, too. He wrote a self-aggrandizing memoir called A Higher Loyalty, about his fall-out with Donald Trump and the start of the Trump-Russia, Russia, Russia business. Earlier this year, moreover, he was even accused of elliptically threatening Trump’s life, when he posted and then deleted on Instagram an image showing the numbers "86 47" written in seashells on a beach.

Never-Trumpers

Trump’s battle against the tyranny of lawfare

A buzzword of the moment is “lawfare.” What is lawfare? It’s one of those portmanteau words that Lewis Carroll taught us about. A combination of “law” and “warfare,” “lawfare” is distinctly less clever an invention than “chortle” – one of Carroll’s coinages, my beamish boy, which combines the words “chuckle” and “snort.” The word “lawfare” apparently dates back to the late 1950s, though the phenomenon – using and abusing the law in order to conduct political warfare – has come into its own only in the past couple of decades. The fact that there is now an eponymous website devoted to the subject is but one patent of its currency.

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The ‘Russia Hoax’ and other grudges

Too long, didn’t read, but late last week Director of National Intelligence Tulsi Gabbard proclaimed that she had in her possession a full ream of intel conclusively proving that the Obama Administration, in its 11th hour, prepared a fusillade of fake evidence designed to defame President Trump as an agent and dupe of the Russian Government. Trump, somewhat on his heels with the Epstein Files scandal, began screeching online about the Russia Hoax. Today he posted a meme showing various Obama Administration figures, including Obama himself, wearing orange prison jumpsuits, holding up cards with their names on them, with the logo “THE SHADY BUNCH” embossed on top. Very hip, Mr. President, retweet a Beverly Hillbillies joke next. “HOW DID SAMANTHA POWER MAKE ALL THAT MONEY???

Trump

Marine Le Pen: justice or lawfare?

From our UK edition

14 min listen

Marine Le Pen, president of Rassemblement National (National Rally) was found guilty this week of embezzling EU funds to boost her party’s finances. The guilty verdict was widely expected, however her sentence was far harsher than even her strongest critics expected – part of which saw her banned from standing for office for five years, with immediate effect. Le Pen had been the favourite to win the next French presidential election in 2027. Pursuing Donald Trump through the courts was widely seen as backfiring as he went on to win the presidential election, and many have argued that there is a double standard with many more figures and parties facing investigation from the right than from the left.

Trump, le Pen and the legal war on politics

A few days ago, Raphaël Glucksmann, a French Member of the European Parliament and co-president of the left-wing Place Publique party, proposed that the United States return the Statue of Liberty to France.  In a speech on March 16, he argued that the US, under the Trump administration, no longer embodies the values of democracy and freedom that the statue represents.  Glucksmann said, “We’re going to say to the Americans who have chosen to side with the tyrants, ‘Give us back the Statue of Liberty.’ We gave it to you as a gift, but apparently you despise it. So it will be just fine here at home.” Be careful what you wish for.

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Labour’s Richard Hermer problem

From our UK edition

13 min listen

Richard Hermer was one of the surprise announcements from Keir Starmer’s first Cabinet, and one of the most controversial since. Starmer’s old pal came with some notable baggage: his former clients include Sri Lankan refugees to the Chagos Islands and ex-Sinn Féin leader Gerry Adams, as well as British-Bangladeshi Isis bride Shamima Begum. In government, Hermer has played a key role in several contentious decisions, such as the government’s withdrawal of the UK’s objections to the International Criminal Court’s arrest warrant for Benjamin Netanyahu, and his involvement in the Chagos Islands deal. And today he admitted that he has had to recuse himself ‘from certain matters’ due to potential conflicts of interest. Is the government hamstrung by Hermer?

The last breath of Trump lawfare

One of the outcomes of November’s election is that Americans can once again trust their own eyes and call out the obvious when they see it. President Biden long ago lost the mental acuity to serve as the nation’s chief executive. Progressive causes like climate change, diversity hiring and transgender men participating in women’s sports are ridiculous. And highly dubious prosecutions seemingly launched as political weapons are exactly what they appear to be. In a Friday morning double-header Americans witnessed in real time the crumbling of the last two vestiges of the lawfare campaign against former and future president Donald Trump. What were once touted as a dream of the left to bring down a king will at best be reduced to obscure footnotes in the annals of history.

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SAS betrayal, the battle for Odesa & in defence of film flops

From our UK edition

48 min listen

This week: SAS SOS The enemy that most concerns Britain’s elite military unit isn’t the IRA, the Taliban or Isis, but a phalanx of lawyers armed with the European Convention on Human Rights (ECHR), writes Paul Wood in The Spectator. Many SAS soldiers now believe that if they kill a terrorist during an operation, they’ll spend decades being hounded through the courts. Paul speaks to former SAS soldiers who say that stories of men being ‘dragged back to be screamed at in interview rooms’ are ‘flying around the canteens now’. Soldiers feel like ‘the good guys have become the bad guys – and the bad guys are now the good guys’. This is hurting morale and may eventually hit recruitment.

How the lawfare campaign against Trump backfired

The effort to bankrupt, disgrace and banish Donald J. Trump to a jail cell in Riker’s Island has instead helped pave his road right back to the Oval Office. The unprecedented abuse of the American legal system fueled plenty of cable news coverage, but it also alienated the electorate. As with President Joe Biden’s mental decline, voters trusted their own eyes over the tale being told on their screens and delivered a decisive verdict against an eight-year politically-motivated lawfare campaign — exit polls showed that Trump voters were more likely to say democracy was under threat.

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The ‘real’ Kamala

I write at the end of July, just on the threshold of the “silly season,” “the months of August and September, when newspapers supply the lack of real news by articles or discussions on trivial topics.” I think the season may have come a bit early this year. That, anyway, is how I am interpreting the sudden tsunami of gossip, prognostication, animadversion and speculation about certified female-of-color Kamala Harris. By the time you read this, some of the frenzy surrounding Harris may have abated. But for the time being the news is full-to-gagging with puppies and unicorn stories about how strong, dynamic and potentially transformative she is. Also, it may not be amiss to point out, she is not Donald Trump. Watching the makeover has been partly amusing, partly alarming.

Kamala
Letters

Letters from Spectator readers, September 2024

The cunning of the Democrats’ lawfare Wow! A tour de force of snark! But wonderful for it. My late father-in-law would have said that instead of brushing his teeth in the morning, the author gets a file and sharpens his tongue. As depressing as this article is, it is likely an accurate assessment of what’s going on. Particularly the image of Trump and Biden essentially playing the roles of Walter Matthau and Jack Lemmon in the Grumpy Old Men movies. Carry on, America. Down Under, we have our own problems, as well as being affected by yours, same as every other country. — David Gerber Tellingly prescient. The 800-pound gorilla the next generation will be forced to address will be unsustainable entitlement transfer payments.

Letters: the courts are not trying to subvert parliament

From our UK edition

Judge not Sir: The claim by Ross Clark (‘Keir’s law’, 22 June) that the left can achieve what it wants by relying, in part, on ‘judicial activism’ is uninformed and misleading. I can assure Mr Clark and those who might share his sentiments that the courts are, in general, at pains to respect the separation of powers and the will of parliament. A cursory consideration of recent decisions from the Supreme Court would have revealed this.

Lawfare: how Starmer will govern through the courts

From our UK edition

40 min listen

This week: Lawfare Our cover piece examines how Keir Starmer’s legal experience will influence his politics. Ross Clark argues that Starmer will govern through the courts, and continue what he describes as the slow movement of power away from elected politicians. As poll after poll predicts an unprecedented Labour majority, what recourse would there be to stop him? Ross joined the podcast to discuss alongside solicitor and commentator Joshua Rozenberg (02:15). Next: we’ve become accustomed to the police wearing cameras, but what’s behind the rise in bodycams in other industries? In her article this week, Panda La Terriere highlights the surprising businesses that have begun using them, but what are the implications for daily life and how concerned should we be?

How Keir Starmer plans to rule through the courts

From our UK edition

Never mind Labour’s promise not to raise income tax, national insurance or VAT – the party will soon be jacking up taxes for everyone. That sums up the Conservatives’ attack line for this election campaign. But in focusing almost wholly on tax, the Tories are missing what threatens to become the real theme of a Keir Starmer government: the eclipse of elected politicians and the continued draining away of power to the courts. The Labour leader effectively decriminalised assisted dying in 2009, before he was even an MP According to polls, Labour is heading for a majority of more than 200. That in itself would clip the wings of the House of Commons.

Tune into Trump’s VP Apprentice show

Welcome to Thunderdome. Well, we finally have it! A list of contestants for Donald Trump’s long-anticipated veepstakes, designed to play out live and on camera in the coming month before the Republican convention — you just know he’s going to make us all wait for the reveal. There are a few surprises in omissions and additions, but not many. Now, this being Trump, he could always swerve at the last minute and have a surprise entry... so Tulsi Gabbard fans, all hope is not lost. But here are the candidates we know for now: Governor Doug Burgum (ND) Ben Carson, former HUD secretary Senator Tom Cotton (Ark.) Representative Byron Donalds (Fla.) Senator Marco Rubio (Fla.) Senator Tim Scott (S.C.) Representative Elise Stefanik (N.Y.