Analysis by WorldTribune Staff, December 29, 2024 Real World News
President-elect Donald Trump completed the greatest comeback in American political history last month by winning both the Electoral College and the popular vote.
To do so, the 45th and 47th President of the United States had to prevail in a significant and unprecedented lawfare campaign waged by his political foes which sought to bankrupt and imprison him.
Winning the “Lawfare War” represents a huge victory “for the constitutional foundation of the country” and “may prove as consequential” as the election triumph, according to Judicial Watch’s Dec. 26 Investigative Bulletin.
Throughout the entirety of the Biden-Harris regime, Trump battled lawfare cases brought by prosecutors and judges allied with the Democrat Party, including Department of Justice special counsel Jack Smith, Manhattan District Attorney Alvin Bragg, Fulton County (Georgia) District Attorney Fani Willis, New York State Attorney General Letitia James, as well as New York judges Juan Merchan and Arthur Engoron.
[Update: The Washington Post reported on Saturday that Joe Biden wanted the Department of Justice to prosecute Trump far sooner and more aggressively than it did. Biden also regrets naming Merrick Garland as Attorney General, the report said.]So, will Trump’s many triumphs mark the death blow of lawfare?
Here’s the Investigative Bulletin’s scorecard:
Jack Smith Goes Down
In November 2022, President Joe Biden’s attorney general, Merrick Garland, appointed prosecutor Jack Smith as special counsel for two Justice Department investigations: the January 6, 2021, events at the U.S. Capitol, and separately, alleged Trump mishandling of classified documents. It was a particularly brazen lawfare move because by that time, the outline of the 2024 presidential contest was clear: Donald Trump was the frontrunner for the GOP presidential nomination and Joe Biden was signaling that he would run for re-election. The Biden Justice Department investigating the GOP presidential candidate seemed an outlandish and illegal proposition, but Garland and Smith pressed on. In July, Judge Aileen Cannon had seen enough and dismissed the classified documents case on the grounds that the special counsel was unlawfully appointed. In November, after the election, the Justice Department threw in the towel, moving to drop all January 6 charges against Trump on the grounds that a sitting president cannot be charged with a crime. Trump rightfully claimed victory. “I persevered, against all odds, and WON,” he wrote on Truth Social. He added, “These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought,”
Bragg’s New York Criminal Case in Death Spiral
Deep blue New York produced a cadre of lawfare warriors in pursuit of the once and future Republican president. One of its chief combatants was Manhattan DA Alvin Bragg, who campaigned for office on an anti-Trump platform, reminding voters that he had “sued Trump more than a hundred times.” Before charging Trump in April 2023 with thirty-four felony counts of falsifying business records—generally a low-level misdemeanor—Bragg had led a civil lawsuit against the Trump Foundation and criminal cases against the Trump Organization and its chief financial officer. Trump was convicted in May on the business records charges, but his lawyers are asking that the case be thrown out on numerous grounds, including that any sentencing would unconstitutionally interfere with Trump’s conduct of a second term in the presidency. Bragg recently petitioned the court to put the case on ice for the entirety of Trump’s second president term—a move the Trump team ridiculed as “a total failure of the prosecution” signaling that the case is “effectively over.”
Lawfare Judges Under Pressure
Presiding over the flurry of appeals in the business-records case is Justice Juan Merchan, another New Yorker with a lawfare pedigree. Earlier this month, Merchan threw out Trump’s appeal to dismiss the case on the basis of presidential immunity. Like most New York judges, Merchan rose through the ranks of the Democratic Party’s political machine, which plays a significant role in state judicial appointments. Before becoming a judge, Merchan served as a prosecutor in the Manhattan DA’s office and worked for the New York attorney general. In 2006, Mayor Michael Bloomberg appointed him to a family court judgeship, and he was elevated to criminal court in 2009. In July, Merchan received a “caution letter” from the New York Commission of Judicial Conduct warning him about donations to Joe Biden and other Democratic causes. Merchan’s daughter, Loren, is president of the left-wing digital advertising firm, Authentic Campaigns. Juan Merchan will have plenty of power over the Trump appeals in the coming months, but he will not have the final word. Trump can appeal to higher New York courts and, ultimately, the U.S. Supreme Court.
Trump also faced a high-stakes legal assault from New York State Attorney General Letitia James in a civil fraud case presided over by Justice Arthur Engoron. James and Engoron both came up through the progressive ranks of the New York Democratic Party. Like Alvin Bragg, James used Trump as a punching bag in her campaign for political office. She denounced Trump as an “illegitimate president” and vowed to “shine a bright light into every corner of his real estate dealings.” Engoron, a longtime Democrat, protested the Vietnam War at Columbia University and has been a member of the ACLU for three decades. Engoron presided over a non-jury civil fraud trial related to real-estate valuations by the Trump Organization and stunned legal observers on both sides of the political aisle in February with a guilty verdict ordering Trump to pay a staggering $335 million penalty — plus rapidly growing interest and additional fines. Trump immediately vowed an appeal and at a September hearing, New York appellate judges signaled skepticism about the Engoron ruling.
The Georgia Case Collapses
Meanwhile, in Georgia, Fulton County DA Fani Willis’s case against Trump for allegedly conspiring to change the outcome of the 2020 election has collapsed. A state appeals court removed Willis and her entire office from the Trump prosecution over a conflict of interest involving a romantic relationship between Willis and another member of her team. The Georgia Court of Appeals panel said the “appearance of impropriety” was so powerful that “this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings.” Willis, a longtime Democrat, can appeal to the Georgia Supreme Court, but the legal tides are running against her. Trump’s Georgia lawyer issued a statement saying that the decision “puts an end to a politically motivated persecution of the next President of the United States.”
Judicial Watch President Tom Fitton was dragged into a Jack Smith grand jury for, as he noted on X, “four hours of harassing questions about First Amendment-protected activity and debates about electors, tweets, what I ate for lunch at the White House, and whether I watched Trump’s election night speech. It was all about politics.”
Timely: Defund Fake News
The American Free Press is Back!
The main event: Don’t forget that Trump also won the ‘Lawfare War’ added by Editor Two on
View all posts by Editor Two →