Prosecuting Lawfare
Hypocritical ? Essential to Its Demise ?
I highly recommend this wise article by John Yoo.
It’s not revenge, it’s education for the purpose of eliminating Lawfare.
Democrats are stage-one thinkers, as John points out with his example of the 1978 Independent Counsel statute. What a total disaster.
The Democrats supported the statute because they thought it would be a convenient weapon against Republicans only or mainly.
But the statute is obviously unConstitutional, as Antonin Scalia pointed out memorably in Morrison v. Olson (1988) (Scalia, J., dissenting).
Democrats only paid attention in class and took careful notes when Scalia’s warning rang true for a Democratic president, President Clinton, who himself became a target of the same statute.
Any fair minded, good student would have known the statute is a weapon against the Presidency itself, and hence against the American ethnic identity of Separation of Powers in our Constitutionalism . Democrats are not good students.
They learned the hard way, and ended the statute during the Clinton presidency. And we’re all the better for it.
Same thing here: this is not revenge. This is just letting the Democrats know what any non-grade-inflated, grade inflating person knows with an attention span: if Lawfare is allowed to proceed it will destroy our Republic. It’s unLawful. It must be taught and learned so that they take it seriously, next time. Otherwise they’ll opportunistically think what’s good for the goose isn’t for the gander, and next time it might lead to truly disastrous consequences for the entire world.