Limited Lawfare and Its Uses
The outgoing Biden administration is wreaking slow-motion havoc on America. Plans and projects of regime transformation, regulations, and new rules to tie up the law in both straightforward and convoluted ways, and other actions to hastily circumvent MAGA, are being ginned up and rammed through as Biden goes out the door. These perversions of executive authority, at once reckless and carefully designed, plainly sweeping and seemingly trivial, are a fitting epitaph for the lawless and incompetent Biden administration. That doesn’t make them any more palatable, of course, and the question is what to do about it.
Starting January 20, the Trump administration can deploy a limited lawfare, narrowly tailored to punish present and former executive-branch officials who figured they could get away with setting America on paths which it would be ill-advised to take by means as peremptory and Machiavellian as the officials imposed (or attempted to impose) on the country.
Limited lawfare doesn’t have to concern only actions in the interregnum between an incoming and an outgoing administration. But a presidential interregnum is ideal for showing how limited lawfare can work. For one thing: it focuses mainly on government operatives, not largely on private citizens such as the J6 protesters. This reminds us that U.S. district attorneys and their subordinates are not exempt; real light can thereby be thrown on the false braying of........
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