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. 

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.pdf

https://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-rioters

https://www.aljazeera.com/news/2025/6/8/fact-checking-claims-trumps-pardons-wiped-out-1bn-in-debt-owed-to-us

The 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-hearing

The 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-order

https://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:

• Eliminating independence of DOJ, FBI, FCC, and FTC

• Ideologically vetting all federal employees

• 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/2076-0760/14/4/235

https://en.wikipedia.org/wiki/Project_2025

https://www.npr.org/2025/04/22/nx-s1-5340753/trump-democracy-authoritarianism-competive-survey-political-scientist

https://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-trump

https://www.npr.org/2025/04/22/nx-s1-5340753/trump-democracy-authoritarianism-competive-survey-political-scientist

Trump'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-00132350

https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-raises-stakes-2024-race-praises-iron-fist-leaders-rcna163009

https://www.npr.org/2018/10/20/659024594/opinion-a-president-in-praise-of-strongmen-and-dictators

https://abcnews.go.com/Politics/trump-praises-dictators-rails-immigrants-sparking-backlash/story?id=105725220

False 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.pdf

https://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

• Defying Supreme Court orders regarding deportation cases

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-threats

https://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-trump

https://www.aclu.org/news/civil-liberties/supreme-court-term-ends-with-win-for-trump-first-amendment-rights

https://www.voanews.com/a/us-supreme-court-to-rule-on-trump-immunity-in-election-interference-case/7680674.html

https://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:

• $390 million from World Liberty Financial tokens

• $315 million from memecoin earnings

• $7 million from NFTs

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-8068974

https://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.cms

https://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:

• 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://www.lawfaremedia.org/article/evaluating-jan-6-committees-evidence-full

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-scientist

https://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-threats

Evidence-Based Conclusion

The argument for equivalent lawfare between liberals and Trump/MAGA politics represents a dangerous false equivalence that:

1. Ignores massive scale differences: Trump's authoritarian actions dwarf alleged liberal overreach by orders of magnitude

2. Manufactures grievances: Claims like systematic debanking lack statistical support

3. Minimizes constitutional threats: Project 2025 represents an unprecedented assault on democratic institutions

4. Dismisses expert consensus: Hundreds of scholars document America's slide toward authoritarianism

5. 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.

The Feedback Loop Threatening Democracy—Media Normalization and Trump’s Rapid Overreach

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Introduction/Context

From 2021 to 2024, major American media such as The New York Times and Washington Post, along with Democratic leaders, regularly warned of Trump’s authoritarianism and called January 6 an existential threat to democracy. Front-page headlines declared “democracy is on the ballot.” However, following Trump’s return in January 2025, this urgency largely vanished. Instead, technical and procedural reporting became the norm—even as federal executive overreach accelerated in dramatic new ways.

Beginning in early 2025, the Trump administration moved to unilaterally defund agencies overseen by Congress, slashing the Department of Education budget and revoking support for public universities, despite clear obstacles in Article I, Section 9 and the Impoundment Control Act. During the same period, a wave of administrative detentions and deportations targeted students and faculty engaged in protected expressive activity, not criminal acts. For example, Rumeysa Ozturk, a Tufts University student, was held for publishing a pro-Palestinian op-ed, but was released by court order with no criminal charges ever filed[NPR: May 9, 2025]. Dr. Rasha Alawieh, a Brown University professor of medicine, was deported after attending a public funeral in Lebanon for Hassan Nasrallah; likewise, no criminal charges were filed[NYT: Mar 16, 2025]. Mahmoud Khalil, a Columbia University graduate student, was detained and threatened with deportation for campus protest activity, also absent criminal charges [Guardian: March, 19 and NYT, March 16]. The common thread was the use of immigration discretion and “foreign policy” grounds rather than criminal prosecution.

Further intensifying executive control, Trump filed suit in July 2025 against The Wall Street Journal, Rupert Murdoch, and several reporters seeking over $10 billion in damages, targeting coverage of Trump’s alleged correspondence with Jeffrey Epstein. At the time of writing, court proceedings are ongoing, and the Journal stands by its reporting.

The Federalized Policing Surge: Los Angeles and D.C.

In June 2025, ICE raids in Los Angeles led to over 2,000 detentions—including lawful residents and citizens—and were carried out with federalized California National Guard support, despite strong objections from Governor Gavin Newsom and city leaders[NPR: June 8, 2025]. These deployments were justified by “emergency” claims contradicted by crime data and local testimony. Legal challenges were launched, but coverage often treated the episode as a matter of logistics and legality rather than an assault on democratic norms.

D.C. soon followed: Trump federalized the Metropolitan Police and deployed more than 800 National Guard troops—despite D.C.’s violent crime rate dropping 26% in 2025, a fact that the major outlets noted only parenthetically. Immigration checkpoints, federal patrols at metro stations, and overt federal command over local law enforcement became everyday realities. D.C. Mayor Muriel Bowser, among others, mounted legal pushback, but news coverage highlighted technical disputes over Home Rule and control, not the unprecedented nature of the federal intervention.

No Emergency, No Precedent

Unlike President Johnson’s deployment of the Alabama National Guard to Selma in 1965 under the Insurrection Act—to uphold federally protected rights—2025’s deployments were based on manufactured “emergencies,” not real insurrections or statutory violations. Legal historians have pointed out that never before in U.S. peacetime has federalized law enforcement occupied major cities absent congressional action, judicial order, or clear local threat.

Indeed, even during the actual emergency of January 6, 2021, the executive did not invoke the Insurrection Act or deploy troops to protect Congress, despite direct requests from congressional leaders and Vice President Pence.

Media Coverage: Fact-Checking but Little Alarm

While The New York Times and Washington Post published statistics showing declining crime in D.C. and fact-checked Trump’s “emergency” rhetoric, their coverage remained procedural—focused on federal vs. local control disputes and administrative technicalities. The historic breach—deploying federal police to cities on fabricated justification—was rarely framed as a constitutional crisis. Instead, outlets often normalized the extraordinary, describing "friendly troops," "cooperative" metros, and focusing on legal mechanics, not democratic warning signs.

Major Press and Agency Intimidation Actions (2025)

• Press pool bans and changes excluded AP, Reuters, and Bloomberg over disputes about White House-approved terminology; AP litigation secured only partial reinstatement.

• FCC investigations were launched into CNN, NPR, PBS, and MSNBC, while executive orders cut funding to public broadcasters, amplifying the chilling effect on critical coverage.
• Trump filed a multi-billion dollar suit against The Wall Street Journal, Murdoch, and reporters for coverage of his ties to Epstein; the case remains pending.

• Lawsuits targeted the Des Moines Register for election forecast reporting, and Voice of America/USAGM faced continue litigation and injunctions.

• Watchdog organizations CPJ and RSF reported a marked increase in newsroom self-censorship, access restrictions, and legal intimidation in 2025.

Patronage for Loyalists

Meanwhile, loyalty was rewarded: Fox News and pro-administration media figures were chosen for senior administration posts (e.g., Pete Hegseth at Defense, Tulsi Gabbard at Intelligence, Sean Duffy at Transportation, Jeanine Pirro at D.C. prosecution). This quid pro quo heightened the pressure on competitors to avoid confrontation and preserve access.

Public Resistance and Institutional Pushback

Despite constraints, protests in Los Angeles and sustained legal challenges in D.C. and California reflect meaningful resistance to executive overreach[NPR: June 8, 2025]. Mayor Bowser, Newsom, and advocacy groups continue to press the courts, while public activism signals a growing backlash.

The Feedback Loop

A clear dynamic has emerged: bold, unprecedented executive actions meet muted, technical media coverage. With every normalization, Trump escalates further—deploying more federal forces and further stretching constitutional boundaries. This feedback loop is driven by legal intimidation, technical reporting, and selective patronage—slowly eroding democratic guardrails.

Conclusion

The deployment of federal troops and police to major cities without credible emergency, the chilling of adversarial journalism, and the selective empowerment of supporters together threaten core democratic norms. Visa cancellations, defunding, and lawsuits now stand alongside policing crackdowns as tools of executive expansion. Whether through citizen activism, legal challenge, or a reinvigorated Fourth Estate, Americans must disrupt this feedback loop to legitimize constitutional limits and preserve democratic accountability.

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Endnotes

-NYT, “White House Ends Regular Reporting Slot for Independents,” April 2025.

-Reuters, “White House limits newswire access,” April 16, 2025.
-NYT, “White House removes wire services from press pool,” April 16, 2025.
Deadline, “White House Bans Reuters & Bloomberg,” April 16, 2025.
-NPR, “Trump administration vetting all 55 million visa holders,” Aug 21, 2025.
-NYT, “Tracking Lawsuits Against Trump’s Agenda,” Feb 12, 2025.
-NPR, “FTC's retaliation against Media Matters blocked,” Aug 16, 2025.
-Newsweek, “Full List of Fox News Personalities Serving in Trump Administration,” May 10, 2025.
-NPR, “Trump taps 19 Fox pundits and producers for second term,” Jan 20, 2025.
-ABC News, “Trump appoints Fox News host Jeanine Pirro,” May 8, 2025.
-RSF Report, “Press Freedom in US: 2025 overview,” June 2025.
-Committee to Protect Journalists, “Trump’s impact on U.S. press freedoms,” May 4, 2025.
-Reporters Without Borders, “US Press Freedom 2025,” May 4, 2025.
NYT, “Trump’s Budget Showdown with Congress,” 2025; CRS reports.
-NPR, “Trump lawsuit against Murdoch and Wall Street Journal turns personal,” July 29, 2025.
-NYT, “Trump Takes Control of D.C. Police, Citing ‘Bloodthirsty Criminals.’ But Crime Is Down,” Aug 11, 2025.
-NYT, “Trump Misstates Washington Crime Data to Justify Takeover,” Aug 12, 2025.
-NYT, “The D.C. Takeover,” Aug 12, 2025.
-WaPo, “Trump says crime in D.C. is out of control. Here’s what the data shows,” Aug 10, 2025.
-Politico, “Trump may send National Guard to Chicago, New York,” Aug 22, 2025.
-Brennan Center, “One Week of Trump’s DC Takeover Attempt,” Aug 19, 2025.
-Center for American Progress, “President Trump’s Recent Actions in DC,” Aug 18, 2025.
-[NPR: May 9, 2025] NPR, “Tufts student Rumeysa Ozturk ordered freed from immigration detention,” May 9, 2025.
-[NYT: Mar 16, 2025] NYT, “Brown University’s Rasha Alawieh, Professor, Deported After Funeral,” March 16, 2025.
-[NPR: June 8, 2025] NPR, “National Guard deployed in California immigration protests,” June 8, 2025.

-Reuters, “Trump sues Wall ST. Journal over Epstein report, seeks $10 billion," July19, -2025Freedom Forum, “Trump Sues Wall Street Journal: First Amendment Analysis,” July 21, 2025.

-Deadline, “Trump Claims Wall Street Journal Wants To Settle Defamation Lawsuit,” July 29, 2025.
-NPR, “National Guard deployed in California immigration protests,” June 8, 2025.
-NYT, “Brown University’s Rasha Alawieh, Professor, Deported After Funeral,” March 16, 2025.

-The Guardian, "I am a Palestinian Political prisoner in the US. I am being targeted for my activism," March 19, 2025

Letita James and Judge Engoron a test case for Lawfare?

This is another post by MC. I didn't change it.

Absolutely. the way she carried on about getting Trump if ever elected? And the judge using phony numbers on Trump wealth?

Will James have to pay interest on the money that Trump had to put up? The Judge charged Trump interest daily. So why not charge James?
Democrat New York Attorney General Letitia James had injected lawfare directly into the veins of New Yorkers. Pledging in her campaign to bag Trump (without bothering to name any crime or violation), James was elected based on her recreational rather than legal appeal.

Judge David Friedman gave Engoron a close-up that would have made Swanson wince. He detailed how the underlying law "has never been used in the way it is being used in this case – namely, to attack successful, private, commercial transactions, negotiated at arm’s length between highly sophisticated parties fully capable of monitoring and defending their own interests."
He accused Engoron of participating in an effort clearly directed by James at "ending with the derailment of President Trump’s political career and the destruction of his real estate business."

Other judges said that Engoron's fine was so off-base and engorged that it was an unconstitutional order under the Eighth Amendment, protecting citizens from "cruel and unusual" punishments. So, Engoron not only inflated the figures but shredded the Constitution in his effort to deliver a blow against Trump.

Trump can now appeal the residual parts of the Engoron decision imposing limits on the Trump family doing business in New York. Some of those limits could be moot by the time of any final judgment. Ironically, if Engoron had shown a modicum of restraint, he might have secured a victory. During the trial in New York.

https://www.foxnews.com/opinion/judge-who-fined-trump-500-million-gets-books-thrown-him

LETITIA JAMES IS THE TEST CASE FOR LAWFARE@AlexMarlow: “She should absolutely be disbarred. She should probably go to prison.” If James isn’t held accountable, the lawfare machine against Trump & conservatives will never stop.@charliekirk11 pic.twitter.com/FD6ml0sbcp

— Real America's Voice (RAV) (@RealAmVoice) August 21, 2025