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

Posted on 4/26/24 at 5:52 pm to
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83463 posts
Posted on 4/26/24 at 5:52 pm to
quote:

That's not an assumption. That's a logical conclusion.
It’s a logical conclusion that they’d open up the law right quick, hammer Trump, and immediately sew the law right back up?

Instead of maybe something slightly less obviously sketchy?
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36047 posts
Posted on 4/26/24 at 5:53 pm to
Imagine if a MTG-like prosecutor was elected and began to charge her political opposition with various crimes based on novel interpretations of the statutes at hand. The same folks on this board who don't seem to oppose lawfare when it comes to Trump would be skyscreaming about how dictatorial and authoritarian it was. Hell, there are folks on here who claim Eileen Cannon is a partisan hack, while simultaneously maintaining that the NYC and DC leftists who adjudicate other cases against Trump and his allies are perfectly objective.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83463 posts
Posted on 4/26/24 at 5:54 pm to
quote:

Once we figure out exactly what the term means then we can apply it to his matters directly.
Are you this meticulous when questioning the left that you used to be a part of?
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34670 posts
Posted on 4/26/24 at 5:54 pm to
Iran/Contra was the first example I remember. Scooter Libby could probably tell you a couple of stories, too.

Basically, trying to force people to plead guilty to bullshite, or bankrupt themselves trying to pay for a legal defense
This post was edited on 4/26/24 at 9:26 pm
Posted by BCreed1
Alabama
Member since Jan 2024
1071 posts
Posted on 4/26/24 at 5:54 pm to
quote:

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.




Yep. He is a leftist attempting to straddle the fence to sway people's opinion to the left.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
83463 posts
Posted on 4/26/24 at 5:56 pm to
quote:

If it's legitimate, which it seems to be, can it be lawfare?
Of course something can be legitimate and still lawfare.
Posted by BCreed1
Alabama
Member since Jan 2024
1071 posts
Posted on 4/26/24 at 5:56 pm to
quote:

Are you this meticulous when questioning the left that you used to be a part of?



"Use to be"
Posted by cajunangelle
Member since Oct 2012
146813 posts
Posted on 4/26/24 at 6:03 pm to
quote:

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?
Relying on bad intelligence possibly planted by the IC as in Operation Trust.

I am only replying to this to push this thread along. So you can pretend you are the pigeon not shitting all over the chess board schooling everyone----like your comrade boosie.
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
73700 posts
Posted on 4/26/24 at 6:08 pm to
quote:

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


Shocking
Posted by Blizzard of Chizz
Member since Apr 2012
19048 posts
Posted on 4/26/24 at 6:24 pm to
quote:

So what about all the lawsuits filed with novel crazy legal theories after the election?


There is a massive difference in filing a lawsuit to challenge election results and a wide ranging prosecutorial operation in multiple states that targets one individual with theoretically specious criminal prosecution.. the asset valuation in NYC for a property in Palm Beach is just one example. Keep it up though. The ball was set in motion with Trump which opened the door to others.. I don’t know why you guys insist on seeing how far you can push an armed populace with your corrupt and perverse system of justice.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27910 posts
Posted on 4/26/24 at 7:49 pm to
quote:

now that we have a definition and the crucial building blocks for a discussion set out

Lulz

No we dont actually. Lets start again, shall we?
quote:

Lawfare: how is this defined

Lawfare is very easily defined as Malicious Prosecution (also known as malicious use of process). And since you are either ignorant to the concept or slept at a Holiday Inn last night, heres some helpful nuggets for you

* is done to intimidate, harass, defame, or otherwise injure the other party
* abuse of process claims can be brought even in response to claims that have an underlying legitimate reason
* inappropriate lien on a defendant's property to force them to relent
* prosecutor filing false charges against a political rival
* abuse of process usually happens after a legitimate lawsuit has already been filed
* brought by someone against whom a criminal or civil action has proceeded with malicious intent

Plus this:
quote:

Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity.

They get to claim immunity, even if proven. They have nothing to risk by repeatedly targeting Trump

Thats Lawfare. Youre welcome
This post was edited on 4/26/24 at 7:51 pm
Posted by CGSC Lobotomy
Member since Sep 2011
80155 posts
Posted on 4/26/24 at 9:12 pm to
In the UCMJ, lawfare is known as a GOMOR (General Officer Memorandum of Reprimand) after an Article 15 acquittal.
This post was edited on 4/26/24 at 9:13 pm
Posted by ninthward
Boston, MA
Member since May 2007
20417 posts
Posted on 4/26/24 at 9:26 pm to
ok Matlock, start w a corrupt DA and a corrupt judge.
Posted by ninthward
Boston, MA
Member since May 2007
20417 posts
Posted on 4/26/24 at 9:28 pm to
quote:

So like the various litigations following the 2020 election testing novel theories to decertify elections?
Ok who was charged by a DA and brought up on criminal charges?


Your arguments are biased.

Posted by Tall Tiger
Dixie
Member since Sep 2007
3229 posts
Posted on 4/27/24 at 2:10 am to
It's systematic litigation abuse aimed at destroying a certain institution or group of people rather than validly using the legal system to address actual legal problems individually as they arise. It is currently the Democrat party's main strategy to win federal elections, as opposed to campaigning on accomplishments and voter satisfaction.
This post was edited on 4/27/24 at 2:27 am
Posted by ole man
Baton Rouge
Member since Nov 2007
11709 posts
Posted on 4/27/24 at 3:42 am to
You really thought of all this bullshite,for somebody that's supposedly smart you sure are fricking stupid.
Posted by Strannix
District 11
Member since Dec 2012
48925 posts
Posted on 4/27/24 at 4:13 am to
quote:

Unique or untested theories concerning the implementation of the laws forming the subject matter of the prosecution are one of the hallmarks of lawfare. The other is the biased application and implementation of said laws to benefit your political allies and hinder your political opponents.


The GOAT has spoken
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123921 posts
Posted on 4/27/24 at 5:56 am to
quote:

Lawfare: how is this defined
Lawfare is the targeted application of asymmetric legal contrivances against political opponents to attack, disadvantage, or destroy them. Internationally, it is neither new, nor unique. Beria defined its application succinctly when he said “Show me the man and I'll show you the crime.”

Lawfare doesn't exclusively entail going after innocent opponents. Selective prosecution is certainly a variation.

Soros and Obama put the premise to task in Ukraine with the NABU. Ukraine is historically corrupt. Virtually nothing is done there without greasing palms, bibery, skimming, extortion, etc. Everyone does it. So when the NABU selectively applies the law to political opponents, the issue isn't necessarily that the opposition is innocent. It is that NABU allies, committing the same offenses, are never charged.

During the past few years, we've seen the same principle applied in the US.

E.g., Knowing E Jean Carroll had a noxious case she could bring against Trump, the NY State Legislature concocted the "Adult Survivors Act," which created a one-year window during which SOL were waived for assault ""victims."" That allowed a lying bitch in a Kangaroo Court to tag Trump with a supposed sexual assault for which there was no evidence other than her own discredited claim. Then that legal result was separately used as indisputable evidence of Trump's guilt to manipulate an absurd punitive award for the lying bitch.

E.g., The DOJ finds that "No reasonable prosecutor" would charge Hillary with inappropriate handling of classified material. It finds that Biden is too senile to be charged with inappropriate handling of classified material. But, even given Trump's absolute ability to declassify records, his team's appropriately ongoing negotiations with NARA, and previous precedent, the DOJ leveled every charge it could manipulate and muster against Trump.

We've seen similarly uneven application of law in treatment of BLM vs J6 rioters, and even unfortunately in the case of murders.
This post was edited on 4/27/24 at 6:01 am
Posted by Rebel
Graceland
Member since Jan 2005
131385 posts
Posted on 4/27/24 at 6:01 am to
BAKE ME A CAKE!!!

Posted by NC_Tigah
Carolinas
Member since Sep 2003
123921 posts
Posted on 4/27/24 at 6:04 am to
quote:

the determination of legitimacy seems to be a very personal and very subjective matter.
bullshite.

quote:

That's where the problems come with creating a definition
No such problems exist
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