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re: Lawfare: how is this defined, and how can it be (legally) stopped?

Posted on 4/27/24 at 10:55 am to
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36765 posts
Posted on 4/27/24 at 10:55 am to
Have we reached any kind of definition in here yet?
Posted by OceanMan
Member since Mar 2010
20030 posts
Posted on 4/27/24 at 10:55 am to
quote:

She said the word "malicious"? LINK?


Definition of malicious:

quote:

having or showing a desire to cause harm to another person


quote:

intentionally harmful


quote:

intending to cause harm, esp. by hurting someone’s feelings or reputation:



Campaign quote

quote:

“I believe that this president is incompetent. I believe that this president is ill-equipped to serve in the highest office of this land. And I believe that he is an embarrassment to all that we stand for.” She went on to say Trump should be indicted on criminal charges and charged with obstruction of justice.


Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 10:56 am to
quote:

Have we reached any kind of definition in here yet?

No. At least 10 definitions and 3-5 "I know it when I see it" definitions.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 10:57 am to
quote:

Definition of malicious:

Those apply to pretty much any litigation, criminal or civil, except the random emotional-based one (which I imagine we all agree doesn't apply ITT).
Posted by thebigmuffaletta
Member since Aug 2017
12990 posts
Posted on 4/27/24 at 11:02 am to
The actions against Trump are partisan and political. That’s the entire motivation for these legal proceedings against Trump. You know this, but you support the actions. If you didn’t support it you wouldn’t spend hours on end trying to convince the board that these actions are all in good faith and the people leading these actions are doing so in the pursuit of justice.
Posted by TDTOM
Member since Jan 2021
14711 posts
Posted on 4/27/24 at 11:03 am to
quote:

The actions against Trump are partisan and political. That’s the entire motivation for these legal proceedings against Trump. You know this, but you support the actions. If you didn’t support it you wouldn’t spend hours on end trying to convince the board that these actions are all in good faith and the people leading these actions are doing so in the pursuit of justice.


Correct. He is a shitty human being.
Posted by OceanMan
Member since Mar 2010
20030 posts
Posted on 4/27/24 at 11:03 am to
quote:

We are trying. We're up to like 12-13 different definitions...from people who believe in it, no less. Only 1 can be correct.


This is where the premise of your position and thread is incredibly flawed. Most words have multiple definitions and connotations. Being able to appropriately apply definitions in context is a skill. A skill you are going out of your way to demonstrate you don’t possess.
Posted by Turbeauxdog
Member since Aug 2004
23250 posts
Posted on 4/27/24 at 11:04 am to
quote:

where making legitimacy arguments effectively opens up the door to revisit all sorts of things that they did not intend to do.


No you tried to gotcha posters and your attempts were fruitless.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:05 am to
quote:

The actions against Trump are partisan and political. That’s the entire motivation for these legal proceedings against Trump.


If he committed the crimes, does this matter?

And if you think motivation invalidates criminal behavior, I imagine you draw the line at Trump and won't extend that universally, correct?

Because that's BLM territory if you do extend it universally.

quote:

If you didn’t support it you wouldn’t spend hours on end trying to convince the board that these actions are all in good faith and the people leading these actions are doing so in the pursuit of justice.

Straw man. Stop projecting or find another thread.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:05 am to
quote:

No you tried to gotcha posters and your attempts were fruitless.

I'm not "gotcha"ing anyone. Just explaining the final result of their definitions and allowing them to revise them.
Posted by OceanMan
Member since Mar 2010
20030 posts
Posted on 4/27/24 at 11:06 am to
quote:

Those apply to pretty much any litigation, criminal or civil, except the random emotional-based one (which I imagine we all agree doesn't apply ITT).


Wtf are you now trying to say?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:07 am to
quote:

A skill you are going out of your way to demonstrate you don’t possess.



We haven't even established if legitimacy of the litigation invalidates a designation of "lawfare". People keep changing and shifting and relying on concepts like whataboutism instead of establishing first principles.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:08 am to
quote:

Wtf are you now trying to say?

I've sued a lot of people on behalf of clients in my life. The defendant always felt like they were being harmed intentionally by the suit.

I've represented a lot of criminal defendants. Pretty universal they felt the state was intentionally trying to harm them with the prosecution.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124113 posts
Posted on 4/27/24 at 11:11 am to
quote:

charges against Trump are all acting in good faith and seeking nothing other than justice.
Right.
I wonder how many people actually believe E Jean's "rape" story ... locked dressing room, but somehow she got in WITH Trump, her supposed outfit was not manufactured until two years after the date of her supposed assault, she ran from the dressing room with her tights pulled down, but no one on the entire floor noticed, no security cam footage, the identical story appeared on a Law and Order episode, even down to the actual store, Bergdorf Goodman's.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36765 posts
Posted on 4/27/24 at 11:14 am to
I define lawfare as a dog whistle type of phrase used to signal between maga supporters that something is unfair to them or someone they are required to support.

How does that definition hold up?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:16 am to
quote:

I wonder how many people actually believe E Jean's "rape" story

Again, are we talking criminal or civil?

I would suggest y'all keep the definition of lawfare to criminal only.

quote:

locked dressing room, but somehow she got in WITH Trump, her supposed outfit was not manufactured until two years after the date of her supposed assault, she ran from the dressing room with her tights pulled down, but no one on the entire floor noticed, no security cam footage, the identical story appeared on a Law and Order episode, even down to the actual store, Bergdorf Goodman's.

That's up to the jury to decide.

Again, be careful how you propose a universal definition (and solution).

Imagine if NY had "loser pays". Trump would have to deal with the judgment AND her attorney's fees.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:19 am to
quote:

I define lawfare as a dog whistle type of phrase used to signal between maga supporters that something is unfair to them or someone they are required to support.

There is more to it than that, but within the political rhetoric context, that is largely correct right now.

The fact they don't include the bogus lawsuits after the 2020 election in "lawfare" and didn't gasp in horror after the Thiel-Gawker lawsuit make me question their objectivity in the assessment, however.

If we can't call a clearly political-partisan based lawsuit that relied on fraudulent accusations, "lawfare", then the drawing board is going to get real big, real quick.

The bigger issue is that including legitimate convictions/suits as "lawfare" opens the door to a lot of territory they reject (the "BLM argument" stuff)

The larger issue is the "we need to make the conspiracy bigger and add another layer" reliance to group together actors who are essentially independent, in order to permit the whataboutism (to loop in legitimate suits and prosecutions).
This post was edited on 4/27/24 at 11:22 am
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124113 posts
Posted on 4/27/24 at 11:25 am to
quote:

I would suggest y'all keep the definition of lawfare to criminal only.

I appreciate the 'suggestion.'
The answer is "no."
Sorry.

There may be no better, more obvious example of lawfare than lawyers conspiring with an extremist legislature to change a law for just one year to accommodate a bullshite charge which was then brought into an absurdly partisan Kangaroo Court in order to gain a desirable verdict.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423139 posts
Posted on 4/27/24 at 11:26 am to
quote:

an absurdly partisan Kangaroo Court

Well now all civil lawsuits are potential "lawfare" b/c the juries are always the first complaint by the loser

This board is about to get real big.
This post was edited on 4/27/24 at 11:27 am
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124113 posts
Posted on 4/27/24 at 11:30 am to
quote:

Well now all civil lawsuits are potential "lawfare"
Oh FFS

Name the ones which were enabled by a special one-year waiver of the statute of limitations and we'll address it.
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