Sunday, May 26, 2024

Alexander: The Illegal, Undemocratic ‘Lawfare’ Strategy Against Trump by the Radical Left has Failed

by BIZ Magazine

The National Democratic Party has known for two years that President Biden’s reelection campaign would require defending highly unpopular far-Left policies and an economy that still burdens millions of American families with a punitive inflation tax every time they buy groceries, fill up their car with gas or contend with a high interest rate.  These hard-working, taxpaying Americans remember fondly the robust economic times under Pres. Trump, whose presidency contrasts sharply with that of a doddering, mentally defective candidate in Biden.

It was always going to be a steep climb.  So, the Biden Campaign decided on a strategy to attack Trump in every legal venue possible with literally any charge they could imagine—often completely fabricated—allowing Pres. Trump to secure the nomination but then so drain his finances and energy, and keep him locked away in a courtroom, that he couldn’t campaign. 

This lawfare strategy has failed grandly.

First, courts don’t operate on an election calendar, although several judges have tried to force a Trump case to trial to impact the election.  Second, several of the charges that have been brought across the country are not straightforward and resolvable in a comparatively simple way.  

For example, a murder case is much more difficult to prove than a case involving a felon in possession of a firearm.  The first often requires a significant amount of evidence of all kinds—forensic, including DNA, fingerprints, a weapon, lay and expert witnesses, and more.  By contrast, a felon firearm case, for example, simply requires that the individual being charged is, in fact, a prior convicted felon who may not legally be in possession of a firearm but was found to be with one on his body or in his proximity.  

The Trump cases involve issues that are legally complicated and not susceptible of easy disposition.  

What do I mean?

Well, for example, the charges brought against Trump by heavily biased special counsel Jack Smith could have simply been based upon obstruction of justice instead of improper handling of classified documents.  As a former president—who has the absolute power to declassify any document he chooses at any time—it’s difficult to prove that the documents at issue were even classified at all.  And if the documents were classified, that Trump as president didn’t have the authority to declassify the documents, as have all other prior presidents.

In addition, former presidents have traditionally been allowed to retain documents from their presidency.  If there is a dispute over documents, until Trump, it has simply been resolved between the former president’s lawyers and the government’s lawyers.  At most, a subpoena would have been issued for documents the government sought. 

Another one of Smith’s charges involves so-called “insurrection,” that Trump allegedly plotted to overturn the 2020 election.  Smith has been unable to find evidence of even incitement, never mind leading a rebellion.  However, resolving that case involves having the U.S. Supreme Court decide for the first time whether and how far a president’s immunity from criminal prosecution extends.

These are weighty legal issues and require a great deal of discovery, involve issues of national security given the sensitivity of the material that would be used as evidence, and more. 

The case against Trump brought by now-disgraced Georgia DA Fani Willis and the circus of a case in New York involving porn star Stormy Daniels are simply too cheap and stupid to spend time on here. 

[This is to say nothing of the blatantly unconstitutional gag order placed upon President Trump.  As Mike Davis of the Article III Project has observed “the gag order is so egregiously illegal that even the ACLU (which hasn’t found a conservative cause to champion in decades) spoke up.”]

But, in a fevered rush of false pride and arrogance to destroy Trump, these partisan judges and prosecutors have stumbled.  Attention to legal details and strategy were never given the consideration they typically would have been given in a legitimate prosecution and trial.

But, of course, that’s never been the point.  The point has always been to get Trump.

Every one of these highly strained, legally unprecedented attacks on Trump’s candidacy are an attack on the American people and our democratic form of government—and the sacred and inviolable right we citizens have to choose our leaders.   

Trump has become even stronger as a result of this lawfare corruption, and it may well put him back in the White House.

Shreveport attorney, Royal Alexander, worked in D.C. in the U.S. House of Representatives for nearly 8 years for two different Members of Congress from Louisiana. 

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