What should be done about political lawfare? What should not be done?

Important questions for a perilous time

I’ve often heard it said that the American justice system is the envy of the world. And compared to many other systems in the world and across time, it certainly is — at least on paper.

Here, people are presumed innocent until proven guilty, are entitled to a fair trial before a jury of their peers, are entitled to a vigorous defense, and the powers of the state are restrained. Here, the law is designed to be fair, impartial, and blind.

Of course, The underclass has always know that this isn’t exactly true. Cops and prosecutors have been kicking them around for quite some time. The poor always seem to get less justice than the well-heeled.

Hence, the well-known phrase, “Your money and your rights are one and the same.”

Even so, the American legal system still seems to be among the best in the world, all things considered. But it sure does go off the rails sometimes. The most alarming of these times are when lawfare is used by politicians to silence or persecute their personal or political enemies.

This isn’t anything new. Abraham Lincoln, Woodrow Wilson, and Franklin D Roosevelt famously used the law this way. Even John Adams was guilty of this, using the wretched Alien and Sedition acts against his political rivals.

And we are living through a time of lawfare in America right now. Donald Trump has had the US justice system weaponized against him by prominent Democrats, led by Joe Biden and his administration.

Similarly, the law has come down disproportionally harsh on those citizens caught up in the January 6, 2021 protest/riot at the Capitol in Washington DC. Prosecuting violent people makes sense, but many have been jailed for what appears to be nothing more than taking selfies during what looked like a walking tour, guided by capitol police.

Other famous recent examples of corrupt modern lawfare include Julian Assange (prosecuted for committing journalism), Edward Snowden (who fled for his life after revealing to Americans how their government spies on them illegally), and Ross Ulbricht (sentenced to life in prison without the possibility of parole for starting a website).

I’ve written (here and here) about how Ross’s real crime seems to be embarrassing the government and threatening their counterfeit money monopoly. They really are touchy about that, just ask Roger Ver.

Is the current epidemic of political lawfare just a blip? Is it here forever? What is the best way to move back towards the fair and impartial application of a just law that America was famous for and that we hold as our ideal?

I hope Trump comes in and pardons all these people. Every one. That seems like a safe first step.

But then what? What should Trump and his administration do about those who have been committing lawfare for the last several years? The impulse for revenge prosecutions must be strong. We all probably feel it, none more than Trump.

But I fear that way lies madness. Tit for tat politically motivated lawfare will move us further towards a banana republic and an irredeemably corrupt state.

And yet, letting the perpetrators off without punishment also seems like a recipe for disaster. Why wouldn’t they just do it again the next time they are able?

Is there a way to thread the needle? To punish appropriately without sliding into pure political revenge? Perhaps. I hope so.

Such a course would mean only prosecuting those people caught red-handed committing crimes as they manipulated the justice system. No gray areas. Only people who can be demonstrated beyond a shadow of a doubt to have abused their power in the service of political lawfare.

I hope Trump and his incoming administration can divine what the wise and judicious thing to do is and carry it out.

But I’m sure worried about it. These are chaotic and dangerous times.

Naturally,

Adam