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

Posted on 4/26/24 at 5:24 pm to
Posted by Jack Carter
Member since Sep 2018
10386 posts
Posted on 4/26/24 at 5:24 pm to
quote:

Do you think whats happening to Orange Man is lawfare?


He does. Let's see if he has the intellectual honesty to admit it.
Posted by BCreed1
Alabama
Member since Jan 2024
1071 posts
Posted on 4/26/24 at 5:25 pm to
quote:

Don't humor the board retard.


Yep. With one response he went into OMB mode. That's all it took for him to defend this shite.
Posted by cajunangelle
Member since Oct 2012
146826 posts
Posted on 4/26/24 at 5:27 pm to
As Mike Davis said the lead DOJ lawyers (one brought recently from Biden's cabinet as third in charge at the DOJ) They have been dressed down in the Supreme court on many cases maybe you can research. Start with Weissmann.

So to DEFINE:

They are not involved in the Lawfare operation to prosecute some form of illegal behavior. They are involved in the Lawfare operation simply to manipulate the public and change political outcomes.

The Lawfare effort is intended to embarrass Trump, isolate Trump, ridicule Trump and marginalize Trump. Lawfare is the use of law to manipulate public opinion and change political outcomes.

Missing from current day Lawfare: Eric Holder. Also add James Comey's buddy, and most political commentators from MSNBC & CNN that are former CIA DOJ.

The Judge Cannon release of court document unredacted clearly show the Obama/Biden Oval Office clearly involved in the political lawfare.




LINK

Mary McCord, Norm Eisen and Andrew Weissmann
quote:

what are the legal (as in within the Constitution and the due process and police powers granted therein) ways to slow or stop the proliferation of "lawfare"?
Ending the blatant acceptance of prosecutorial misconduct and judges in DC that proved with the Flynn case are clearly no longer judges but extreme political activists.

FISA court judges meeting with who was it, McCabe at a local DC country club.

This won't end, the damage is done and in concrete. How does the FBI arrest itself or the DOJ NSD?

Who oversees the federal marshals? Who provides oversight of the State Dept, CIA, DOJ, FBI, DoD, GO8, IRS SEIU (D)

What do you do when the intel and judicial committees are all compromised/blackmailed, putting on dog and pony shows with complete inaction but doing nothing as the DOJ are jailing Trump's lawyers?

They are untouchable is most likely your point you want to promote.

This post was edited on 4/26/24 at 5:34 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:28 pm to
quote:

If you can't reach a consensus on the validity of some trials, you cannot reach a consensus on what lawfare is either (as they're inherently intertwined). It is thus an open-ended philosophical question compared to a closed-ended philosophical question.


That was eventually going to be a major point I was going to make. Legitimacy seems to be one of the variables for most people that distinguishes things, but the determination of legitimacy seems to be a very personal and very subjective matter. That's where the problems come with creating a definition.

There's a fine line which we've already seen in this thread where making legitimacy arguments effectively opens up the door to revisit all sorts of things that they did not intend to do.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:29 pm to
quote:

Why do you assume this?

That's not an assumption. That's a logical conclusion.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:30 pm to
quote:

Do you think whats happening to Orange Man is lawfare?


Once we figure out exactly what the term means then we can apply it to his matters directly. It's not a yes or no question because there's a bunch of things that we can look at and some maybe and some may not be
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:32 pm to
quote:

If you want to curb it, penalize the attorneys willing to take nonsense cases to the court.


The nonsense part is the issue though. That goes back to the legitimacy that I made in a future post.

Take one that's concluded. Rudy admitted to defaming those workers and never produced his evidence. He was found liable. Was that legitimate? Nonsense?!

If it's legitimate, which it seems to be, can it be lawfare?
Posted by Auburn1968
NYC
Member since Mar 2019
19510 posts
Posted on 4/26/24 at 5:34 pm to
They have made no secret that they are out to get Trump and deny him his constitutional and civil rights under the color of law.

quote:

CIVIL RIGHTS CONSPIRACY


18 U.S.C. § 241

Conspiracy Against Rights

Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States or because of his or her having exercised such a right.

Unlike most conspiracy statutes, §241 does not require, as an element, the commission of an overt act.

The offense is always a felony, even if the underlying conduct would not, on its own, establish a felony violation of another criminal civil rights statute. It is punishable by up to ten years imprisonment unless the government proves an aggravating factor (such as that the offense involved kidnapping aggravated sexual abuse, or resulted in death) in which case it may be punished by up to life imprisonment and, if death results, may be eligible for the death penalty.

Section 241 is used in Law Enforcement Misconduct and Hate Crime Prosecutions. It was historically used, before conspiracy-specific trafficking statutes were adopted, in Human Trafficking prosecutions.



MISCONDUCT BY LAW ENFORCEMENT & OTHER GOVERNMENT ACTORS


18 U.S.C. § 242

Deprivation of Rights Under Color of Law

This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus.

Defendants act under color of law when they wield power vested by a government entity. Those prosecuted under the statute typically include police officers, sheriff’s deputies, and prison guards. However other government actors, such as judges, district attorneys, other public officials, and public school employees can also act under color of law and can be prosecuted under this statute.

Section 242 does not criminalize any particular type of abusive conduct. Instead, it incorporates by reference rights defined by the Constitution, federal statutes, and interpretive case law. Cases charged by federal prosecutors most often involve physical or sexual assaults. The Department has also prosecuted public officials for thefts, false arrests, evidence-planting, and failing to protect someone in custody from constitutional violations committed by others.
Posted by stuntman
Florida
Member since Jan 2013
9099 posts
Posted on 4/26/24 at 5:34 pm to
Using a law that was created after the Enron fiasco to go after protesters seems like lawfare, especially when you see part F of the statute where the proceeding doesn't even need to be taking place for it to kick in.

Why is it ONLY the protesters at Jan 6 fiasco who have been charged w that crime and not any other protesters ever?
Posted by roadGator
Member since Feb 2009
140479 posts
Posted on 4/26/24 at 5:36 pm to
Don’t allow political DAs to target specific people during their campaigns.
Posted by BCreed1
Alabama
Member since Jan 2024
1071 posts
Posted on 4/26/24 at 5:36 pm to
He's not here to have a conversation, he's here to tell you this is all normal.

Read his posts in this thread.
Posted by cajunangelle
Member since Oct 2012
146826 posts
Posted on 4/26/24 at 5:37 pm to
Posted by David_DJS
Member since Aug 2005
17898 posts
Posted on 4/26/24 at 5:38 pm to
quote:

The nonsense part is the issue though.

Of course. Maybe the courts handle it the way prosecutors do. Make a few huge examples out of attorneys that did nothing many others didn't do in order to "send a message."

Everybody has to deal with the courts system being such an area of shades of gray. Attorneys can be expected to deal with that, too.

Whether it's suing a rival for patent infringement just to learn more about their technology (knowing you have no infringement case) or keeping a presidential candidate too busy to campaign, courts are too easily used/played for reasons not about actual law.
Posted by thebigmuffaletta
Member since Aug 2017
12937 posts
Posted on 4/26/24 at 5:39 pm to
quote:

Don't humor the board retard.


That clown isn’t interested in defining lawfare because he’s intent on insisting that Lawfare isn’t a real thing and all of this targeting of Trump is perfectly normal. His only interest here is responding to everyone’s definitions and examples of lawfare with “nuh uh that’s not lawfare”.
Posted by Azkiger
Member since Nov 2016
21594 posts
Posted on 4/26/24 at 5:40 pm to
Unequal application of the law, especially in targeting a political opponent.
Posted by Blizzard of Chizz
Member since Apr 2012
19051 posts
Posted on 4/26/24 at 5:40 pm to
I’m firmly in the camp that does not believe the justice system should be wielded like a political weapon to perpetually harass anyone using wild criminal theories. Anyone engaged in such action and not pursuing a legitimate criminal matter should be disbarred and face multiple years in prison. Our system of justice was not designed for for anyone to endure rouge criminal prosecution and as such there should be severe criminal penalties for such behavior.
Posted by BCreed1
Alabama
Member since Jan 2024
1071 posts
Posted on 4/26/24 at 5:44 pm to
quote:

That clown isn’t interested in defining lawfare because he’s intent on insisting that Lawfare isn’t a real thing and all of this targeting of Trump is perfectly normal. His only interest here is responding to everyone’s definitions and examples of lawfare with “nuh uh that’s not lawfare”.



That's right!
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:46 pm to
quote:

That clown isn’t interested in defining lawfare because he’s intent on insisting that Lawfare isn’t a real thing and all of this targeting of Trump is perfectly normal.


Your like 30th L in a row

Sad

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 4/26/24 at 5:48 pm to
quote:

I’m firmly in the camp that does not believe the justice system should be wielded like a political weapon to perpetually harass anyone using wild criminal theories.


This goes back to the beginning of the thread. So what about all the lawsuits filed with novel crazy legal theories after the election?

Those were (1) political, (2) partisan, (3) relying on novel theories, etc. Lawfare?

Posted by cajunangelle
Member since Oct 2012
146826 posts
Posted on 4/26/24 at 5:48 pm to
quote:

He's not here to have a conversation, he's here to tell you this is all normal.

Read his posts in this thread.
Yep. and after about 15 pages he will say there is no real lawfare, bad politically hyper lawyers never advance; and there are remedies for it because there are always bad intentioned lawyers. that are held accountable

As he knows Weissmann will never, ever, ever, lose his law license;and Roddy Rosenstein will always be at the poshest law firm in DC --without a hair on his head blown in the wind or harmed.

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