Q: Here is an argument that liberals are engaged in lawfare or weaponized legal processes as much or maybe more than Trump and MAGA: "Lawfare as liberals define it .... (I deleted the argument that the left engages in partisan lawfare war) along with these error and bias reduction instructions.
A:The False Equivalence of Liberal "Lawfare": A Comprehensive Critique
The argument presented attempts to establish a false equivalence between alleged liberal "lawfare" and Trump/MAGA politics by claiming both sides weaponize legal systems equally. However, a thorough analysis reveals this equivalence argument suffers from fundamental flaws in scale, evidence, and constitutional implications that render it analytically unsound.
Quantitative Disparity in Scale and Impact
The evidence demonstrates a dramatic asymmetry between the alleged liberal lawfare and Trump's authoritarian actions. Trump's presidency resulted in over 1,200 January 6 pardons, wiping away $1.3 billion in restitution and fines, including cases involving violent assaults on police officers. In contrast, the Biden administration's FACE Act prosecutions involved 55 defendants over four years, with 50 being pro-life activists - a fraction of Trump's clemency actions.
https://washingtonstand.com/news/436-church-attacks-in-2023-zero-prosecutions-under-the-face-act-notes-house-hearing
https://www.justice.gov/d9/2023-11/11.09.23.%20--%20Crimes%20Against%20Pro%20Life%20Organizations%20-%20Interim.pdfhttps://thehill.com/homenews/house/5354967-trumps-pardons-restitution-avoided-judiciary-report/
https://www.lawfaremedia.org/article/trump-pardons-or-commutes-terms-of-all-jan.-6-riotershttps://www.aljazeera.com/news/2025/6/8/fact-checking-claims-trumps-pardons-wiped-out-1bn-in-debt-owed-to-usThe church attacks cited by conservatives, while concerning, numbered 436 in 2023, yet these attacks received limited federal prosecution under the FACE Act. Meanwhile, Trump pardoned individuals convicted of assaulting over 140 police officers during January 6, including those who used "bats, flags, chemical sprays, poles and stolen police shields and batons to beat officers".
https://www.frc.org/newsroom/frc-publishes-new-edition-of-hostility-against-churches-report-indicating-a-doubling-of-attacks
https://www.npr.org/2025/01/21/nx-s1-5268919/trump-issues-jan-6-pardons-attack-capitol-clemency
https://washingtonstand.com/news/436-church-attacks-in-2023-zero-prosecutions-under-the-face-act-notes-house-hearingThe Debanking Myth and Manufactured Grievances
The argument's claims about systematic "debanking" of conservatives collapse under scrutiny. Federal data reveals only 35 complaints citing political or religious bias out of 8,361 banking complaints since 2012 - representing less than 0.4% of cases. Trump's executive order addressing this "crisis" targets a statistically negligible problem, exemplifying the manufacture of grievances to justify authoritarian responses.
https://www.investopedia.com/president-trump-signs-order-to-ban-alleged-debanking-of-conservative-religious-groups-11787027
https://energynews.oedigital.com/climate-change/2025/08/19/only-35-complaints-of-debanking-are-based-on-political-bias-despite-trumps-orderhttps://www.whitehouse.gov/fact-sheets/2025/08/fact-sheet-president-donald-j-trump-guarantees-fair-banking-for-all-americans/Project 2025 and Constitutional Destruction
The equivalence argument ignores Project 2025's explicit authoritarian blueprint, which scholars identify as fundamentally anti-democratic. The plan calls for:
Implementing "unitary executive theory" to centralize unprecedented power
Dismantling the "legal and governance cultures of liberal democracy"
Ruth Ben-Ghiat, a fascism scholar, characterizes Project 2025 as "a plan for an authoritarian takeover of the United States", while political scientists rate U.S. democracy at its lowest levels since 2017, dropping to 55 on a 100-point scale.
https://www.mdpi.com/2076-0760/14/4/235https://en.wikipedia.org/wiki/Project_2025https://www.npr.org/2025/04/22/nx-s1-5340753/trump-democracy-authoritarianism-competive-survey-political-scientisthttps://brightlinewatch.org/accelerated-transgressions-in-the-second-trump-presidency/Expert Consensus on Authoritarian Threat
Over 500 political scientists surveyed by Bright Line Watch assess that America is "moving swiftly from liberal democracy toward some form of authoritarianism". The survey found the biggest decline in democratic performance since 2017, with experts noting systematic abuse of presidential power. Harvard professor Steven Levitsky, a leading expert on democratic backsliding, states: "We are no longer living in a democratic regime".
https://www.npr.org/2025/04/22/nx-s1-5372334/harvard-professor-offers-a-grim-assessment-of-american-democracy-under-trumphttps://www.npr.org/2025/04/22/nx-s1-5340753/trump-democracy-authoritarianism-competive-survey-political-scientistTrump's Praise of Dictators and Authoritarian Methods
The equivalence argument fails to address Trump's documented pattern of praising authoritarian leaders including Vladimir Putin, Xi Jinping, Kim Jong Un, and Viktor Orbán. Trump's admiration for dictators stems not despite their authoritarian rule, but because of it. He has repeatedly called undocumented immigrants a threat who are "poisoning the blood of our country," language that "echoes racist manifestos" and prompted Biden's campaign to note Trump "parroted Adolf Hitler".
https://www.politico.com/news/2023/12/18/trump-praise-authoritarians-00132350https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-raises-stakes-2024-race-praises-iron-fist-leaders-rcna163009https://www.npr.org/2018/10/20/659024594/opinion-a-president-in-praise-of-strongmen-and-dictatorshttps://abcnews.go.com/Politics/trump-praises-dictators-rails-immigrants-sparking-backlash/story?id=105725220False Equivalence in Prosecution Patterns
Research on district attorney prosecution patterns shows Democratic and Republican prosecutors differ by only 3 percentage points in dismissal rates (37% vs 34%), with no significant difference in recidivism outcomes. This marginal difference cannot justify claims of systematic weaponization. Moreover, multiple studies demonstrate that conservatives are significantly more susceptible to political misperceptions than liberals, undermining claims of equivalent bias.
https://tylerjamesludwig.com/documents/FischerLudwig_DAs.pdfhttps://pmc.ncbi.nlm.nih.gov/articles/PMC8172130/https://pubmed.ncbi.nlm.nih.gov/30836901/https://misinforeview.hks.harvard.edu/article/conservatives-are-less-accurate-than-liberals-at-recognizing-false-climate-statements-and-disinformation-makes-conservatives-less-discerning-evidence-from-12-countries/Constitutional and Institutional Damage
Trump's assault on democratic institutions includes:
Using the Justice Department for political retaliation against over 100 targets
Firing FBI officials and prosecutors investigating his conduct
Blackmailing NYC Mayor Eric Adams by conditionally withdrawing corruption charges
Establishing "strike forces" to investigate political opponents based on false claims
The Supreme Court's presidential immunity decision in Trump v. United States grants presidents "absolute immunity" for core constitutional acts, effectively placing presidents "above the law" - a development democracy scholars describe as undermining constitutional checks and balances.
https://www.democracydocket.com/analysis/trump-administration-weaponization-government-targeting-political-opponents/https://www.npr.org/2025/04/29/nx-s1-5327518/donald-trump-100-days-retribution-threatshttps://btlonline.org/trumps-methodical-assault-on-democracy-closely-mirrors-authoritarian-regimes-through-history/https://www.npr.org/2025/04/22/nx-s1-5372334/harvard-professor-offers-a-grim-assessment-of-american-democracy-under-trumphttps://www.aclu.org/news/civil-liberties/supreme-court-term-ends-with-win-for-trump-first-amendment-rightshttps://www.voanews.com/a/us-supreme-court-to-rule-on-trump-immunity-in-election-interference-case/7680674.htmlhttps://journals.law.harvard.edu/jlpp/the-presidential-immunity-decision-robert-delahunty-john-yoo/Corruption and Self-Dealing
Forbes and Bloomberg estimates show Trump's net worth increased from approximately $2.3 billion to $5.1-5.4 billion over a longer timeframe (since his 2024 campaign began), not specifically in "his first three months" of the presidency. Cryptocurrency earnings are substantial but spread over a longer period. Forbes estimates Trump made approximately $1 billion from crypto ventures, including:
Middle Eastern investments involve commitments to invest in the U.S. ($2 trillion in pledges), not direct payments to Trump personally in his first three months. Trump increased his personal fortune by $3 billion in his first three months through cryptocurrency sales and Middle Eastern investments in his businesses
https://www.ndtv.com/world-news/forbes-billionaire-list-elon-musk-fred-trump-forbes-2025-how-donald-trump-doubled-his-net-worth-in-a-year-8068974https://www.forbes.com/sites/danalexander/2025/06/05/this-is-how-much-trump-has-made-from-crypto-so-far/https://economictimes.com/news/international/global-trends/forbes-billionaires-list-2025-donald-trumps-net-worth-skyrockets-to-5-1-billion-doubles-in-a-year-fueled-by-truth-social-and-crypto/articleshow/119898615.cmshttps://www.bloomberg.com/features/2025-trump-family-presidency-wealth/https://fortune.com/2025/05/20/middle-east-investment-7-trillion-trump-amount/https://www.clm.com/impact-of-president-donald-j-trumps-recent-economic-commitment-to-the-middle-east/https://latinoamerica21.com/en/trump-and-the-authoritarian-drift-echoes-of-fascism-in-american-democracy/Sources Supporting Unprecedented Presidential Corruption:
However, multiple reputable sources do support the broader claim about unprecedented presidential self-enrichment:
Citizens for Responsibility and Ethics in Washington (CREW) documented that Trump "likely benefited from $13.6 million in payments from foreign governments during his presidency" and tracks his "unprecedented corruption".
The Atlantic published analysis titled "The Trump Presidency's World-Historical Heist," stating he is "taking self-enrichment to a scale never seen before in America".
https://www.citizensforethics.org/reports-investigations/crew-reports/trump-likely-benefited-from-13-6-million-in-payments-from-foreign-governments-during-his-presidency/https://www.citizensforethics.org/reports-investigations/crew-investigations/crew-is-tracking-trumps-unprecedented-corruption-again/https://www.theatlantic.com/ideas/archive/2025/05/trump-golden-age-corruption/682935/Structural Attacks on Democracy
The equivalence argument ignores Trump's systematic attacks on:
https://www.lawfaremedia.org/article/evaluating-jan-6-committees-evidence-full
Electoral integrity: Attempting to overturn 2020 election results, pressuring state officials to "find" votes, and creating fake electoral slates
Press freedom: Investigating all major broadcast outlets except Fox News
Civil liberties: Mass deportation operations targeting citizens, detention without due process
Judicial independence: Installing loyalists and threatening judges
https://crushthelsatexam.com/deep-dive-donald-trumps-long-history-of-lawsuits/https://www.npr.org/2025/04/22/nx-s1-5340753/trump-democracy-authoritarianism-competive-survey-political-scientisthttps://btlonline.org/trumps-methodical-assault-on-democracy-closely-mirrors-authoritarian-regimes-through-history/https://www.npr.org/2025/04/29/nx-s1-5327518/donald-trump-100-days-retribution-threatsEvidence-Based Conclusion
The argument for equivalent lawfare between liberals and Trump/MAGA politics represents a dangerous false equivalence that:
Ignores massive scale differences: Trump's authoritarian actions dwarf alleged liberal overreach by orders of magnitude
Manufactures grievances: Claims like systematic debanking lack statistical support
Minimizes constitutional threats: Project 2025 represents an unprecedented assault on democratic institutions
Dismisses expert consensus: Hundreds of scholars document America's slide toward authoritarianism
Conflates normal prosecutions with autocratic abuse: Applying existing laws to conservatives is not equivalent to weaponizing government for personal vendettas
The evidence overwhelmingly demonstrates that while both political sides may use legal tools strategically, Trump and MAGA represent a qualitatively different threat to democratic governance - one that expert assessments consistently characterize as authoritarian rather than democratic competition. This false equivalence serves to normalize authoritarian behavior by suggesting "both sides do it," when the scale, methods, and constitutional implications differ fundamentally.
The data reveals not equivalent lawfare, but a dangerous asymmetry between normal democratic processes and authoritarian capture of state institutions for personal and political ends.
Pragmatic politics focused on the public interest for those uncomfortable with America's two-party system and its way of doing politics. Considering the interface of politics with psychology, cognitive biology, social behavior, morality and history.
Etiquette
DP Etiquette
First rule: Don't be a jackass. Most people are good.
Other rules: Do not attack or insult people you disagree with. Engage with facts, logic and beliefs. Out of respect for others, please provide some sources for the facts and truths you rely on if you are asked for that. If emotion is getting out of hand, get it back in hand. To limit dehumanizing people, don't call people or whole groups of people disrespectful names, e.g., stupid, dumb or liar. Insulting people is counterproductive to rational discussion. Insult makes people angry and defensive. All points of view are welcome, right, center, left and elsewhere. Just disagree, but don't be belligerent or reject inconvenient facts, truths or defensible reasoning.
Saturday, August 23, 2025
Massive land war games: The lawfare battle
This post has been revised. I deleted about half of it.
US politics is now engaged in battles over basically all important concepts and issues. A lot or most of the political right, Trump and MAGA see lots of lawfare (weaponized) court cases and legal tomfoolery coming from the left. Lots of the left sees the same in the right. Is there equivalence? No.
I asked Pxy to analyze and comment on an analysis that (1) explicitly argued the left engages in lawfare, and (2) implicitly argues the left and right are basically the same. Pxy came up with this response.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment