In this episode, Victor Davis Hanson and cohost Jack Fowler examine the news on Fani Willis’s case, removing “duty, honor, country” from the military code, Left rhetoric and the black vote, Trump capturing the middle voter, pro-policy bill in Tennessee, DEI madness, and gas policy.
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Anti-Trump “lawfare” goes beyond simply filing and aggressively pursuing questionable criminal & civil cases in hostile venues:
(1) Groups like The 65 Project attack Trump lawyers with ethics complaints. According to Prof. Alan Dershowitz, this has had a chilling effect because the best legal talent is leery of representing Trump. He needs the best lawyers he can get, and attacking his lawyers prevents this. Example: Look at what happened to Rudy Giuliani.
(2) In the E. Jean Carroll case, LinkedIn cofounder Reid Hoffman helped Carroll pay her expenses of litigation, a forbidden practice known as maintenance when coupled with the improper motive of destroying Trump’s ability to run for office.
The American tradition of “Rule of Law” will never be the same after all this.
I wholeheartedly agree with you on the 2 tiered justice system, maybe even a 3rd tier if you put Trump in a separate category which this DOJ seems to be doing.
BUT, I disagree with both Judge McAfee’s ruling and Robert Hur’s decision not to prosecute Biden.
First, McAfee. I will defer to a lawyer, Mr. Childers, on this issue, who I follow daily on his substack. Mr. Childers believes Judge McAfee made that particular ruling as brilliant. If he tossed them both, the entire prosecution goes to another DA and starts from ground zero. Costs the taxpayers. Leaving them both leaves the case open to appeal. Leaving one or the other, likely knew Wade would go, saves GA taxpayers a ton for a new prosecution. Judge McAfee seems to think the relationship conflict did not have an affect on the case at hand and at the same time his comment ‘an odor of mendacity remains’ leaves it for a future charge of perjury to be filed by a different prosecutor. Perjury was not an issue in this, Judge McAfee’s, case so he did not have to rule on it. No doubt McAfee considered his upcoming challenger so overall it was the best outcome for him, the taxpayers and maybe even Fanni Willis.
Second, Robert Hur. Consider where any trial would be held. DC, Delaware, Philadelphia; all leftist bastions where Biden would likely have a favorable jury. Why would any prosecutor bring such a losing case. I’m not discounting the other issues but location location location.
I wholeheartedly agree with you on the 2 tiered justice system, maybe even a 3rd tier if you put Trump in a separate category which this DOJ seems to be doing.
BUT, I disagree with Professor Hanson on both Judge McAfee’s ruling and Robert Hur’s decision not to prosecute Biden.
First, McAfee. I will defer to a lawyer, Mr. Childers, on this issue, who I follow daily on his substack. Mr. Childers believes Judge McAfee made that particular ruling as brilliant. If he tossed them both, the entire prosecution goes to another DA and starts from ground zero. Costs the taxpayers. Leaving them both leaves the case open to appeal. Leaving one or the other, likely knew Wade would go, saves GA taxpayers a ton for a new prosecution. Judge McAfee seems to think the relationship conflict did not have an affect on the case at hand and at the same time his comment ‘an odor of mendacity remains’ leaves it for a future charge of perjury to be filed by a different prosecutor. Perjury was not an issue in this, Judge McAfee’s, case so he did not have to rule on it. No doubt McAfee considered his upcoming challenger so overall it was the best outcome for him, the taxpayers and maybe even Fanni Willis.
Second, Robert Hur. Consider where any trial would be held. DC, Delaware, Philadelphia; all leftist bastions where Biden would likely have a favorable jury. Why would any prosecutor bring such a losing case. I’m not discounting the other issues but location location location.
Jeff, while Mr. Childers’ and your reasoning regarding the decisions in these cases is probably sound, nothing will ever make them right. Sadly, we cannot know the ultimate impact of this lawfare, but I fear it will be permanent and profound. The savings for the GA taxpayers is moot in light of the absurdity of continuing this farcical prosecution. No offense intended.
Jeff,
Doesn’t sound like Childers has much respect for the rule of law. He apparently thinks the only criteria for prosecuting a case are (1) saving tax payer money; and (2) having an agreeable jury.
Is he ok with Fani Willis and her lover Wade perjuring themselves in open court with respect to their relationship? How about insulting the court with their pathetic “black people pay in cash” defense that they used to hide the tax payer money Wade was receiving despite being unqualified to try a RICO case and which Willis was benefiting from in the form of trips and vacations?
A prosecutor’s job isn’t just to bring a case to a favorable jury at the lowest possible cost; A prosecutor’s job is to seek justice.
Maybe someone should remind Fani Willis and Robert Hur of that?
We hear of growing black support every election cycle despite consistent 92% Democrat loyalty. And look at the rest of their track record so far – 1) These specific minority communities in swing states conspiring with leftist billionaires to engage in wide scale voter fraud which actually stole the 2020 election (and their fraud continues). 2) Electing Letechia James, Alvin Bragg and “Fanny” Willis based on their campaign promises to falsely imprison conservative political leaders; for the purpose of disenfranchising half the nation. 3) Almost universal support for forced civilian disarmament; while according to FBI statistics, just these specific 2% of counties in the United States are themselves responsible for 60% of the violent crime. 4) Unquestioned community support and diversion of tax dollars for the Marxist BLM organization; who’s supporters that for whatever good they claim to do, clearly appear to primarily conduct wide scale political violence, intimidation, and assassinations of law enforcement officers.