The Rule of Law vs Lawfare

 

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 has been active in all its ops, capers, and mind-fucks since Mr. Trump came on the scene in 2015 vowing to “drain the swamp” (i.e., end the racketeering). Norm Eisen holds leadership roles in two subsidiary Lawfare orgs: States United Democracy Center and Citizens for Responsibility and Ethics in Washington (CREW). Eisen’s broader connection stems from his history of orchestrating legal challenges against Mr. Trump — advising the Mueller investigation, drafting impeachment articles, and leading CREW’s 200-plus lawsuits in Mr. Trump’s first term.

Now, following the Biden interregnum, Norm Eisen 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. The so-called “Resistance” alliance between the Democratic Party and the bureaucracy seeks to prevent reform by any means necessary. Since they no longer control potent executive agencies such as the DOJ and the FBI for intimidating and punishing their enemies, their only recourse is the federal judiciary and its officers of the courts, that is, lawyers and judges practicing Lawfare.

The federal judges are political appointees, such as John J. McConnell from the U.S. District Court for the District of Rhode Island, who was a personal injury lawyer (i.e., “ambulance chaser”) and major Democratic Party doner, giving nearly $700,000 to party causes, and serving as Rhode Island Democratic State Committee treasurer. Judge McConnell issued a wide-ranging restraining order against the DOGE-advised freeze of federal funding launched in February of this year. McConnell’s daughter, Catherine, is a senior policy advisor at the U.S. Department of Education, appointed by President Joe Biden in 2022. See how that works?

Similarly, James Boasberg, a RussiaGate cast member, and as a presiding judge in the DC federal court in sixty J-6 cases. Independent journalist Laura Loomer alleges that Judge Boasberg’s daughter, Katherine, works for Partners for Justice (PFJ), a 501(c)(3) nonprofit organization that is dedicated to defending “criminal illegal aliens and gang members,” including opposing their deportation, and that it receives significant funding from U.S. government grants, such as those from USAID. Judge Boasberg notoriously issued a restraining order last week against the deportation of Tren de Aragua gang members labeled by the DOJ as a terrorist organization. See how that works?

Now, the difference between Lawfare and the practice of law is that Lawfare trafficks lavishly in lies to do its business in the courts and actual law practice is supposed to be dedicated to ascertaining the truth in matters that come before the courts. Lawfare is grounded in dishonesty — as is its main client, the Democratic Party. That is exactly why Judge James Boasberg went along with FBI Director James Comey’s false warrant applications in the FISA court that enabled the RussiaGate operation to do its dirty business. Thus, the grand orchestrator of the Lawfare enterprise as a whole, Norm Eisen, is a sort of Father-of-Lies.

What you’ve got here is an obvious seditious conspiracy, plain for all to see, orchestrated by the same legal Nosferatus as RussiaGate, the 2020 election, and the J-6 witch hunt. The catch is, this time it is discoverable and subject to prosecution because the party running this legal insurrection no longer has its hands on the levers of power in the DOJ and the FBI as it did when they ran the aforementioned ops. And so, the mighty silence emanating from those two agencies just now should tell you something: namely, that cases are being carefully constructed to finally bring these despicable caitiffs to real and chastening law.

Remember beyond all this sturm and drang stands an essential principle: the truth is sturdy and untruth is fragile. Like you, I am standing by to see what eventually comes out of the Trump DOJ in the way of cases that might definitively settle this mighty battle between Lawfare and the law.

There’s a reason why lawyers are so broadly despised. Law is humanity’s instrument for creating order out of the terror and chaos of nature, where anything goes. The result of law theoretically, is a civil society, where only the good, true, and right things can go.

These days, lawyers are hard at work to replace civilized order with the terror and chaos of nature — which is to say, the seeking of raw power: this is what I can do to you! That primal despotism is the motivating engine of the Democratic Party in its terminal phase, a feral, power-seeking monster. It was why, in case you hadn’t noticed, the essential drive of Woke politics was the sadistic pleasure it took in exacting its endless punishments — cancellation, personal ruin, censorship — not correcting alleged injustices against marginalized minorities. And that tells you, by the way, exactly why the J-6 defendants were treated so harshly by the likes of Judge James Boasberg, Tanya Chutkan, and their colleagues of the DC federal district.

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, an insidious process that accelerated during the Obama years, eluded discipline during Trump One — with the many distracting ruses such as RussiaGate — and surged into final overdrive during the perfidious term of “Joe Biden,” America’s first false-front president.

The racketeering operation was 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.

By and large, it was conservatives who avoided the vaxxes because they were able psychologically to entertain the evidence that Covid was a nefarious set-up and that, month-by-month, the vaxxes were proving to be both ineffective and harmful. Democrats, in their Woke fugue state, could not do that. Even today, they insist that their vaxx injuries are “long Covid” and would be worse if not for the additional boosters they took. Poor dumb bunnies.

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.

Mr. Trump’s lawfully appointed agent, Elon Musk, and his legally chartered investigative advisory unit, called DOGE, has begun making recommendations for severe cuts in agencies and employees, which have been executed by the lawfully confirmed heads of agencies, and the chief executive himself. Thus, the rapid, systematic disassembly of the Democratic Party’s grift machine and the end of its immense revenue stream. No more USAID and its thousands of NGO money laundromats. No more Department of Education and its Grant-O-Matic depredations in the universities. No more work-from home (but not really) nonsense. No more DEI reverse racism in hiring. No more flooding the swing state voting precincts with illegal aliens. No more stupid proxy war in Urkaine. No more gender pretending chaos. You see how it goes now.

Also, thus, the Democratic Party’s last resort: the federal judiciary, 235 new judges jammed into office in the twilight weeks of “Joe Biden” (as Senate Minority Leader Schumer bragged on Sunday’s TV talk circuit), plus the ones such as Boasberg, Chutkan, et al., already on the bench, primed to thwart Mr. Trump’s efforts to govern at every turn. They are the Dem’s 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 discover (the old saying goes) how the process is the punishment.

Next, if it is not already underway at the DOJ, Mr. Trump must direct AG Bondi to explore the parties financing this lawfare — this “frivolous, unreasonable, and vexatious litigation” — and you should suppose that it has been emanating from the checkbooks of George Soros, Reid Hoffman, and other wealthy seditionists, who, likewise, will have to some serious ‘splainin’ why they should not go prison. One thing for sure: the money for all this is going to dry up.

from the substack of James Howard Kuntzler on March 21 and 24, 2025