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Nearly 14 months after the first of four unprecedented criminal prosecutions against former President Donald Trump commenced in earnest, the Democrat-lawfare complex got its man: The Soviet show trial in “Justice” Juan Merchan’s dingy New York City courtroom produced its preordained “guilty” verdict.
It is perhaps hackneyed to observe that, in convicting and seeking to incarcerate a former president and current leading presidential candidate, we have “crossed the Rubicon.” Well …
The Rubicon, truthfully, is a shallow, inconsequential river in Italy. That it is so shallow helps explain why Julius Caesar was able to cross it so easily. At this juncture in American history, it no longer suffices to speak of crossing a Rubicon. We are now rapidly crossing great seas—perhaps even circumnavigating the globe. You might call President Joe Biden and the rest of the Democrat-lawfare complex our modern-day Magellans.
Ruinous or not, however, their precedent has now been set. And that raises the obvious question: For Democrats, will all of this, and especially their multifront anti-Trump lawfare, prove to be worth it?
That obvious question, in turn, has an equally obvious answer: absolutely, positively not.
First, Democrats do not seem to be getting much of a bump in the early polls after last week’s verdict. In each of the two major national polls that have been conducted exclusively after the verdict, from pollsters Emerson College and Morning Consult, Trump leads by one point. As even the liberal Washington Post conceded on Thursday, “Other polls conducted before and after the verdict suggest between no change and a two-point shift toward Biden. The shifts are quite a bit smaller than pretrial polls suggested they could be.”
Considering that Trump was already leading in most national horse race polling and that the Republican Party currently has a built-in Electoral College advantage wherein its presidential candidate can slightly lose the popular vote while still prevailing in the electoral vote, the Biden-Harris campaign ought to be worried.
Democrats’ lawfare isn’t winning over many swing voters.
Former President Donald Trump sits in the courtroom May 30 during his since-ended “hush money” trial in New York City. Democrats got their preordained “guilty” verdict, but there’s no evidence it gave them the polling bump they hoped for. (Photo: Michael Santiago/Getty Images)
Second, the damage the Democrat-lawfare complex has caused to the American public’s faith and trust in the justice system is simply astronomical—and likely irreparable. Even prior to the onslaught of Trump indictments filed last year, many of us “deplorables” were already convinced we have a two-tier system of justice in this country: Consider the wholly disparate prosecutorial treatment of the BLM-Antifa rioters and the “J6-ers” present during the Jan. 6 U.S. Capitol jamboree, for instance.
But the Democrat-lawfare complex’s serial overreaches have now removed any doubt as to the blatant impartiality and patent unfairness of our regnant legal order. It is impossible not to be jaded or cynical. Leviticus 19:15 commands: “You shall commit no injustice in judgment; you shall not favor a poor person or respect a great man; you shall judge your fellow with righteousness.”
Does anyone think this describes America today?
Third, the Right finally seems to be snapping out of its long lull and beginning to gear itself for pitched battle against a domestic foe that wants to punish us, prosecute us, subjugate us, and remove us from the entirety of American public life. That portends poorly for leftists.
My friend John Yoo, the Bush-era Justice Department official and law professor normally a bit less pugnacious than yours truly, opined: “Repairing this breach of constitutional norms will require Republicans to follow the age-old maxim: Do unto others as they have done unto you.”
Megyn Kelly, the influential broadcaster who has had a complex relationship with Trump going back to the 2016 GOP presidential primary, said after the verdict: “I’m going to utter words I never thought I would utter in my life: We need Steve Bannon.” The famously combative Bannon appears headed for an unjust four-month prison sentence in a few weeks, but her point stands.
Democrats have no idea what they have unleashed. Perhaps worse, they don’t even care.
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President Joe Biden, who wears bespoke sneakers to prevent embarrassing collapses and whose command of the English language rivals that of most kindergartners, is in bad political shape.
It is unsurprising that Democrats have resorted to some of the slimiest tactics imaginable to derail President Donald Trump’s comeback bid and push their senile octogenarian across the November finish line. Properly skeptical of their chances to topple Trump in a fair mano-a-mano, the Democrat-lawfare complex in 2023 conjured up four separate criminal prosecutions—two federal probes and two state probes—targeting the 45th president. After all, if you can’t beat him, then … prosecute and incarcerate him! All in the name of “our democracy,” naturally.
Suffice it to say that the Democrat-lawfare complex’s brazen, cynical attempt to subvert our constitutional order in the name of saving it has not gone according to plan.
In Washington, D.C., Special Counsel Jack Smith’s crown-jewel case against Trump, pertaining to the 2020 presidential election and the Jan. 6 jamboree at the U.S. Capitol, has been interrupted by the U.S. Supreme Court. The justices stepped in to assess the thorny constitutional question of the scope of immunity from criminal prosecution for former presidents, and a decision is not expected until late June.
The most likely result is a mixed opinion that holds some “core” Article II presidential functions are immune from post-presidency prosecution, but other acts are not. This would require a remand to the trial court for fact-finding to determine which legal category the acts in Smith’s indictment fall into. That trial court finding could then be appealed, too. There is virtually no chance Smith can wrap this all up before November.
In Florida, Smith’s other federal case has not been more successful. The Florida prosecution, pertaining to Trump’s post-presidency handling of classified documents at his Mar-a-Lago estate, had at least some potential on the legal merits. But Smith wildly overplayed his hand by charging Trump with violating the controversial World War I-era Espionage Act, and the proceedings have frequently been set back due to the strenuous demands of the Classified Information Procedures Act—a 1980 statute first introduced in the Senate, ironically, by then-Sen. Joe Biden, D-Del.
Recently, Judge Aileen Cannon indefinitely postponed the trial start date, which had initially been scheduled for May 20. There is again little to no chance Smith can reach a jury before November.
The case in Fulton County, Georgia, which once seemed the most perilous of them all due to Georgia’s sprawling Racketeer Influenced and Corrupt Organizations Act, the far-left Atlanta jury pool, and the potential for high-profile prosecution witnesses, has gone totally off the rails. Ever since January, the only questions in the case have not been substantive legal issues such as whether Trump oversaw a grand conspiracy to “overturn an election,” but tabloid fodder such as whether Fulton County District Attorney Fani Willis and her illicit extramarital lover and appointed special prosecutor, Nathan Wade, are too compromised to bring the case.
The trial court’s finding that only one of them must recuse is now pending before a Georgia appellate court, and it is likely the Supreme Court of Georgia will weigh in, too. This case isn’t reaching a jury before November, either.
That leaves the ongoing drama in New York City, where a literal porn “star” (Stormy Daniels) and a convicted felon (Michael Cohen) are aiding the George Soros-funded prosecutor’s case of … well, he hasn’t exactly told us what it is. We surmise the case entails alleged New York State fraudulent bookkeeping charges in furtherance of a federal campaign finance law violation—which doesn’t even fall into the local district attorney’s jurisdiction.
The prosecution is about to rest its case, and we don’t even know for sure what the actual black-letter legal case is. On Thursday, the “star witness” convicted felon’s testimony was so bad that far-left CNN anchor Anderson Cooper remarked: “I think if I was a juror in this case watching that, I would think this guy is making it up as he’s going along.”
Brutal.
The Democrats’ strategy is failing. But it is up to the American people to make them pay for it.
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The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation.
The post Will Democrats Pay a Price for Their Crumbling Lawfare Strategy Against Trump? appeared first on The Daily Signal.
It is a presidential election year, and a leading candidate for president of the United States, who also happens to be a former president of the United States, is currently a criminal defendant chained to a dingy courtroom four days of the week—time that he should be spending interacting with voters out on the campaign trail.
That’s terrible. But it’s only the beginning.
The daughter of the presiding judge is a professional political operative for the presidential candidate’s opposition party, and the candidate himself is subject to an over-inclusive and unconstitutional gag order.
The George Soros-funded district attorney, who campaigned on a platform of prosecuting that candidate, only pressed charges after his own left-wing predecessor opted not to do so due to the frivolous nature of the charges. One of the Soros-funded district attorney’s subordinates curiously joined his team—just in time to prosecute the candidate—from a high-ranking perch in the Department of Justice that is headed by the candidate’s chief political rival.
And this week, the candidate was subjected to tawdry and salacious testimony from a discredited former porn star, who spoke openly in court about how she “blacked out” during their alleged 2006 sexual encounter. Due to the sprawling gag order, the candidate was not—and is not—legally permitted to defend his honor and contest her lurid, legally irrelevant claims.
Welcome to our American banana republic.
America has many real, glaring problems on its hands. Inflation remains stubborn, and Americans widely report feeling pessimistic about the economy, despite nominal low unemployment metrics. Our wide-open southern border is disastrous, leading to artificially suppressed working-class wages and the most rampant illegal alien crime in the nation’s history. Violent and property crime rates remain too high, especially in large urban corridors. Energy prices should be considerably lower, and they would be if our moronic leaders allowed producers to tap into America’s great natural wellspring of hydrocarbons.
Around the world, hostile regimes act against our interests in unrestrained and revanchist fashion. At home, childlessness, godlessness, anxiety, and depression are all rising, symptomatic of a broader civilizational rot and a society that has lost confidence in what it claims to stand for.
Amidst all this, it would be ideal to have a normal, competitive presidential race in which the flailing incumbent is directly confronted and his record is challenged for all to see. But Americans are now being deprived of anything remotely resembling a normal presidential race. Donald Trump is physically chained down to Judge Juan Merchan’s New York courtroom, unable to get out on the campaign trail and deliver his signature rallies to adoring fans across the heartland.
These often-forgotten Americans are, in a quite literal sense, denied the opportunity to hear the full argument against the Biden Regime due to these insidious workings of the Democrat-lawfare complex.
Instead of permitting the Regime’s challenger, Trump, to campaign for votes in Wisconsin, he is forced to silently endure the unhinged courtroom musings of a literal porn star and a convicted felon (Michael Cohen)—all in furtherance of a case that suffers from insuperable statute of limitations problems in addition to the structural absurdity of a local district attorney (the Soros-funded Alvin Bragg) prosecuting and attempting to prove a federal crime (a campaign finance violation).
Oh, and if Trump doesn’t shut up and keep quiet, Merchan might throw him in jail—as he has repeatedly threatened to do, if Trump keeps violating his unconstitutional gag order.
What a sick, cruel joke it all is.
Democrats seem not to have given any thought to what happens if they lose. If Trump wins, do Democrats seriously not expect him to respond in kind? Now that the Rubicon has been crossed and we have entered a world in which politicians attempt to not merely defeat their opposition at the ballot box but also prosecute and incarcerate them, there is no going back.
Just as Senate Democrats’ November 2013 invocation of the “nuclear option” to end the filibuster for lower-court nominees directly led to Republicans doing the same for Supreme Court nominees just a few years later, so, too, is it impossible to know what may ultimately come from the lawfare precedent Democrats are setting today.
The new rules have been established. Many of us didn’t want these rules, but here we are anyway. So, game on.
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The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation.
The post The Making of an American Banana Republic appeared first on The Daily Signal.
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