district attorney races – USA Gov Policy

The New York Analysis concludes its two-part examination of the “lawfare” attack on the American electorate.

Illegal Immigration has been a substantive issue in numerous elections across the nation, and candidates endorsing tougher border controls have fared well. To reverse that result, Soros, according to True Pundit, “Soros is helping foot the bill for illegal immigrants’ legal services…Soros has previously blasted strong, national borders as an “obstacle” for illegal immigrants and foreign refugees trying to enter the Western world, Breitbart London reported.”

There is no single, vast, organized conspiracy, although some of the action has been financed by key wealthy sources. The lion’s share of the blame must be placed on a reduction of the legal standards that have guided American jurisprudence throughout the life of the U.S., an abandonment by some in the judiciary and in the practice of law to make decisions or file actions based on law and precedent, rather than personal political beliefs.

A salient example concerns the President’s travel ban. Whatever one’s opinion is of Mr. Trump’s executive order, the ability of a judge to overturn it is not legally in question. The decision of the judges who have ruled against or stayed the matter are not based on or permitted in either the Constitution or the Unites States Code. (It is somewhat ironic that key elements of that order were based on former President Obama’s actions, which the same legal circles never challenged or questioned.)

As the New York Analysis of Policy and Government has previously noted, “There is a reality surrounding the Ninth Circuit Court’s upholding of a stay on President Trump’s temporary travel ban: It is based on that Court’s political preferences, and not on the law. It is a reflection of an ongoing and desperate attempt by the left to nullify by disruption and force the election of 2016.
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“There is no Constitutional provision, no statutory law, and no legal precedent that could reasonably be cited as the justification for the opinion. There is not even political precedent to back it up. Former Presidents Carter and Obama, during their tenures in office, engaged in similar acts, without facing the obstacles now levied at the current Administration. President Bill Clinton deported 12 million illegal aliens, without the opposition of the same forces that seek to discredit Trump.

“The Constitution has no provision allowing the courts to set this type of policy. Further, Statutory law Title 8, Section 1182 of the U.S. Code explicitly, clearly, and undeniably provides the president with this authority. The Court ignored both facts in its decision. A first-year law student would be given a failing grade if he or she wrote a moot court opinion without noting those key facts.”

Allowing judges or prosecutors to rule or act on personal, partisan beliefs rather than law and precedent is a dangerous threat to the entire foundation of American jurisprudence. Special Counsel Robert Mueller’s appointment of significant Clinton donors to his investigatory team is an affront to the entire concept of justice. According to Brendan Kirby writing in Lifezette Meuller’s staff includes former a “Clinton Foundation lawyer, contributors to Obama, Hillary, [and] more….Four top lawyers hired by Mueller have contributed tens of thousands of dollars over the years to the Democratic Party and Democratic candidates, including former President Barack Obama and President Donald Trump’s 2016 opponent, Hillary Clinton. One of the hires, Jeannie Rhee, also worked as a lawyer for the Clinton Foundation and helped persuade a federal judge to block a conservative activist’s attempts to force Bill and Hillary Clinton to answer questions under oath about operations of the family-run charity.”

A more direct lawfare assault on the U.S. electoral process was noted by Joe Schoffstall Democrats have scrambled to build up a massive network to counter voter integrity efforts after Donald Trump’s victory over Hillary Clinton. Marc Elias, the former top campaign lawyer for Hillary Clinton, led challenges against voter identification laws in numerous states leading up to the 2016 elections. The effort was bankrolled by millions of dollars from Soros. Elias recently joined the board of Priorities USA Action, the largest liberal super PAC that backed Clinton, to spearhead their nonprofit arm’s efforts against voter laws.”

The New York Analysis presents a two-part examination of the “lawfare” attack on the American electorate.

The American electorate is in the midst of a lawfare attack.

Lawfare is defined as the “use of law as a weapon of war,” according to the Lawfare Project. “It denotes the abuse of Western laws and judicial systems to achieve strategic military or political ends. Lawfare is inherently negative…It is the opposite of pursuing justice. It is filing frivolous lawsuits and misusing legal processes to intimidate and frustrate opponents…”

The election results of 2010–2016 were devastating to the Progressive Left. Eventually, The White House, the Senate, the House of Representatives, most Governorships, and most state legislatures were won by Republicans, many of whom ran on platforms denouncing failed left-wing policies which led to a devastated middle class, a ruined health care system, a weakened economy, diminished race relations, and unprecedented dangers to U.S. national security.

This occurred despite vigorous attempts by a biased media to assist progressive candidates, a move which didn’t sway the voting public. The oppressive environment against centrists and conservatives within the nation’s universities, both by intimidating professors and radical students, did not produce campaign gains. A vehement effort by Hollywood to portray Republicans as villains was equally ineffective.

Lacking success with other approaches, it appears that a lawfare attack was launched. Unlike a simple move to outspend an opponent (which would be rather difficult to do in this case) in a single suit by simply filing a costly legal action, the approach now underway is multi-faceted and designed more to discredit those who have won office by establishing doubt in the electorate’s mind. Uniquely, it also involves attempts to influence the outcome of aggressive actions by insuring that decision-making personnel favorable to the Left are in positions of responsibility.

In the wake of repetitive failures at the ballot box, leftist attorneys general have sought to gain voter support by filing groundless legal actions aimed more at disparaging Republican elected officials than at actually enforcing the law.

Hans Bader, writing for The Competitive Enterprise Institute (CEI), outlines the various ways that some state attorneys general have abused their office for partisan political purposes, aimed primarily at implementing leftist agendas rejected by the voters or prohibited by the Constitution. The CEI report outlines the various means leftist state attorneys generals have abused their authority:
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The Ethical Breaches and Selective Applications of the Law. Using campaign contributors to bring lawsuits. Using the attorney general’s offi ce to promote personal gain or enrich cronies or relatives. Favoritism towards campaign donors and other uneven or unpredictable application of the law (including refusal to defend state laws or state agencies being sued when plausible defenses exist).
Fabricating Law. Advocating that courts, in effect, rewrite statutes or stretch constitutional norms in order to make new law—for example, seeking judicial imposition of new taxes or regulations, or restrictions on private citizens’ freedom to contract.
Usurping Legislative Powers. Bringing lawsuits that usurp regulatory powers granted to the federal government or other state entities, or that are untethered to any specifi c statutory or constitutional grant of authority.
Predatory Practices. Seeking to regulate conduct occurring wholly in other states—for example, preying on out-of-state businesses that have not violated state law and have no remedy at the polls.

Mindful of the ability of district attorneys or state attorneys general to defeat the will of the electorate by lawfare, Progressive financiers have invested heavily in what used to be comparatively low-key races.

Fox News reports that “Big bucks from George Soros helped turn a Pennsylvania district attorney election on its head, in the latest example of the liberal billionaire’s influence in local U.S. politics. On April 28, Soros poured nearly $1.5 million into the Philadelphia Justice and Public Safety PAC, which supported candidate Larry Krasner in the Democratic primary. Krasner won on Tuesday, and by a wide margin…The race marked the first time a super PAC has supported a D.A. candidate in Philadelphia. Krasner, as the Daily Caller puts it, benefited from ‘the kind of capital typically reserved for important national political campaigns.’ Last August, Politico reported that Soros had channeled more than $3 million into seven local district-attorney campaigns in six states over the past year.

A Daily Caller review noted how this has became a fairly standard lawfare practice

“The outcome of the Philadelphia district attorney’s race followed a now-familiar playbook. A candidate aligned with Soros’ left-wing politics emerged victorious thanks to the billionaire’s willingness to flood local races with the kind of capital typically reserved for important national political campaigns…In one such instance, Soros poured $600,000 into the Houston district attorney’s race last fall…Soros spent more than $7 million influencing local prosecutorial races in 2015 and 2016, The Washington Times reported.”

The Report continues tomorrow.

Quick Analysis

Ukraine’s Frozen Conflict

As we approach winter in the northern hemisphere, the war in Ukraine is beginning to resemble a “frozen conflict” from many perspectives. Ukrainian President Volodymyr Zelensky recently told the media he hopes the war will end faster once President-elect Trump takes over in January. Opinions in Moscow, however, differ from that of the Ukrainian leader. Russian President Vladimir Putin argues that the North Atlantic Treaty Organization (NATO) needs to exclude Ukraine from joining in “exchange” for peace. If it does not, he says, then no end to the war is in sight. So far there is no Christmas solution. Several NATO countries, according to Vladimir Socor of the Jamestown Foundation, are tentatively considering “coalitions-of-the-willing” to provide security for Ukraine outside of the formal NATO framework. There is, however, no collective mechanism today under which such an arrangement is viable. According to the NATO Charter, while Ukraine is a NATO partner country, it may not join as a full member since it has not fulfilled the requirements for membership. That has not stopped NATO and allies from continuing “to provide Ukraine with unprecedented levels of support, helping to uphold its fundamental right to self-defence,” according to the organization. Socor says that keeping Ukraine out of NATO will not advance peace with Russia. Waiting for a peace settlement, he suggests, would only serve to encourage Moscow to continue the war indefinitely. Although the Biden Administration officially withdrew its support for Ukrainian membership in 2021, NATO maintains an “open door” policy toward membership-seeking countries. The current White House position led the way for European states to oppose Ukraine’s membership saying that a decision should be delayed until “conditions are met.” Biden pushed for changing “open door” to a “bridge” metaphor. It is not intended as an across-the-board NATO policy and has been implemented in the past on a case-by-case basis, says Socor. “The alliance’s open-door policy was not fully insulated from Russia’s non-statutory blocking power, and NATO-aspirant countries’ path toward membership was not always irreversible.” Russia has successfully blocked states like Georgia from joining, first in 2008 and again after the war in Ukraine began in 2014. Russia recognizes the value add of Ukraine to NATO is enormous and that Kyiv has a better case than some other nations. Putin’s invasion was, in part, intended to foreclose that option. By 2021, Moscow was pushing hard to maximize its war objectives, which included further annexations of Ukrainian territory. A main goal for Putin was, and is, to ensure there is no Ukraine left to join NATO. As President-elect Trump prepares to assume office in January, he is faced with the historical challenges presented by the war. Post-conflict security guarantees were the center of several proposals made during the 2023 military stalemate. The incoming Trump Administration has yet to outline how it intends to handle the Russia-Ukraine war. Analysts in Washington believe that the new Administration will expect its European allies to guarantee the majority of Ukraine’s security needs. As we approach 2025, several European nations have acknowledged that they do not view Ukraine as eligible for NATO membership as it would draw the organization into the middle of the conflict. Others want to wait until the war is over or pending a “peace” settlement before considering Ukrainian membership. Socor reports that some “influential voices” are suggesting that “Kyiv should join NATO after “freezing” the war along a stable armistice line, de facto accepting Ukraine’s partition, with NATO security guarantees applying de jure to the government-controlled territory only.” This would mean starting accession talks soon with the actual talks to commence only after a ceasefire is in place. Trump arrives in Washington at a time when Putin’s hybrid strategies of war in Ukraine have eviscerated commonly-held differences between war and peace. “Absent a political consensus in NATO over Ukrainian membership, certain European allies, including France’s President Emmanuel Macron, are holding informal consultations about post-conflict security guarantees to Kyiv by NATO members outside of NATO’s framework,” according to the Jamestown Foundation. The Biden Administration downplayed the discussions on possible forms of military assistance and defense industry cooperation by sending only an Assistant Secretary of State. For a European peace to hold the Trump Administration would need to formally extend the United States’ nuclear deterrence to Ukraine. Options under discussion in Europe include a “coalition of the resolute” to deploy forces to Ukraine as part of a possible armistice package, deterring further Russian attacks, says Secor. European officials are also debating, without any agreement, whether its military forces could perform non-combat logistical roles to free Ukrainian forces to fight. None of the possible courses of action has moved forward as all eyes are waiting on the incoming Trump Administration for clues about its intended level of support for a NATO framework and other non-NATO proposals. Daria Novak served in the U.S. State Dept.