Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Why ‘Tit for Tat’ Lawfare Is Necessary
Chronicles ^ | 3 Jun, 2025 | Clifford Angell Bates, Jr.

Posted on 06/03/2025 5:54:10 AM PDT by MtnClimber

The rule of law has long stood as a pillar of liberal constitutional democracy—a commitment to neutral adjudication, impartial justice, and political fairness. Neutrality of this kind lends legitimacy to a regime of laws as opposed to one of mere men. Yet in recent years, particularly under the aggressive strategies of the progressive left, a dangerous transformation has occurred. The law is no longer a matter for maintaining order or resolving disputes. It has become a weapon—“lawfare”—wielded not for justice but for victory. Under the guise of legality, the left has harnessed the institutions of justice to pursue their political enemies, disable dissenting voices, and cement ideological dominance. This development has fundamentally undermined the credibility of judicial institutions and poisoned the well of political cooperation.

The question now facing conservatives, populists, and defenders of our constitutional order is whether it is possible to restore neutrality to the law without first demonstrating that its misuse must carry real and symmetrical consequences. Such a restoration is unlikely to occur until the right learns to engage in the kind of tit-for-tat strategy once described by Robert Axelrod in his seminal work, The Evolution of Cooperation.

It is only when the costs of weaponizing the law are made clear to all sides that the incentive to cooperate may re-emerge. If left unreciprocated, the present course guarantees only further erosion of the republic’s legal and political norms.

(Excerpt) Read more at chroniclesmagazine.org ...


TOPICS: Society
KEYWORDS: domesticenemies; lawfare
Navigation: use the links below to view more comments.
first 1-2021-29 next last

1 posted on 06/03/2025 5:54:10 AM PDT by MtnClimber
[ Post Reply | Private Reply | View Replies]

To: MtnClimber

Let’s not call it retribution. Let’s call it equity.


2 posted on 06/03/2025 5:54:54 AM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

As Rushbo used to put it, in a war, the enemy sets the terms of engagement.


3 posted on 06/03/2025 5:55:11 AM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
[ Post Reply | Private Reply | To 1 | View Replies]

To: chajin

“As Rushbo used to put it, in a war, the enemy sets the terms of engagement.”

More like: “The Aggressor sets the Rules”. Even some ON THIS SITE believe that the Republicans should be “above the fray”...unreal.


4 posted on 06/03/2025 5:57:52 AM PDT by BobL
[ Post Reply | Private Reply | To 3 | View Replies]

To: MtnClimber

Know your jurisdiction.


5 posted on 06/03/2025 6:01:22 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

If all the lawfare punishment dolled out in democrat courts is allowed to stand then a precedent of miscreant behavior is established in rulings.
Punish our enemies is our only recourse.


6 posted on 06/03/2025 6:02:02 AM PDT by Recompennation
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

I think the GOP should give the Dems what the Dems dish out to Republicans. Unfortunately, this isn’t the right way to do things, but it’s the only way to survive the attacks by the commie pigs.


7 posted on 06/03/2025 6:03:28 AM PDT by brownsfan (It's going to take real, serious, hard times to wake the American public.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

Unfortunately, unless men are motivated by Christian virtue, the lesson will never be learned. Bad actors will mainly try to hide their intentions.


8 posted on 06/03/2025 6:07:46 AM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
[ Post Reply | Private Reply | To 1 | View Replies]

To: chajin
If the progressive left wishes to weaponize the law, then conservative legal actors must be prepared and willing to target the left with the tactics they have introduced. Let progressive prosecutors be hauled into courtrooms. Let the administrative state be weaponized in reverse. Let every precedent they establish become a trap they fall into. Not out of spite—but out of necessity.

Only then, perhaps, will progressive strategists realize that the costs of using the law as a partisan weapon are too high. Only then will they begin to see the value of returning to rules-based politics, mutual toleration, and institutional restraint.

This is the paradox of cooperation: it cannot be born from weakness. It must be taught through strength.

9 posted on 06/03/2025 6:11:04 AM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: kiryandil

Since there is no justice in the DC courts any retaliatory lawfare needs to be in a jurisdiction as far away from that
as possible.

State courts will be the battlefield.

However, bringing legitimate state charges to avoid compromised courts like in the DC area will cause the left
to bring unwarranted charges in blue state courts.

A refusal to extradite charged individuals from one state to another could lead swiftly to the collapse of the union as states would secede from the union to avoid having to extradite people they deem valuable to their cause.


10 posted on 06/03/2025 6:11:06 AM PDT by Bobalu (Restoring a lost Republic once it has passed into Empire has never happened in recorded history.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: MtnClimber

It is necessary to deescalate.

Laws need to be changed so they can’t be abused.

The leftist legal toolbox needs to be cleaned out.


11 posted on 06/03/2025 6:11:26 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

You don’t fight injustice with injustice. You fight it with justice and justice means justice for all the perpetrators, sponsors, funders, proxies, and other witting co-conspirators.


12 posted on 06/03/2025 6:13:09 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 2 | View Replies]

To: BobL
ON THIS SITE believe that the Republicans should be “above the fray”...unreal.

Funny. I have known a lot of people like that in my life. They take that stand because they have some side hustle they don't want disturbed.

13 posted on 06/03/2025 6:14:39 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 4 | View Replies]

To: MtnClimber

A statute of limitations should set in 30 days after a federal judge is nominated.

A statute of limitations should set in 30 days before a politician wins a primary election for federal office.


14 posted on 06/03/2025 6:18:09 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

I’m not a fan of lawfare. And not just because runaway civil litigation has resulted in us having to be told that coffee is hot etc to provide a preemptive disclaimer.

I’ve spent two years watching a multimillionaire repeatedly trying to sue a broke teenager for no fathomable reason; she was just out of school and has never even met the guy... Yet she’s been blindsided by a court judgment in his favor.

The claim wasn’t even served to her. It got posted to a totally different address, over a hundred miles from where she lives.

The millionaire reckoned that because she didn’t reply to it, his claim was a no contest, and the judge agreed. Months later, the girl got home from college to find a bailiff on her mom’s doorstep.

After another court agreed it must be mistaken identity the millionaire doubled down, and accused her of harassment and defamation just for appealing the ruling. He just won’t accept he’s suing the wrong person.

A high flier legal firm has taken it on pro bono and even they can’t understand why the millionaire can just keep resurrecting a claim that has no merit, names the wrong defendant, and is still pointing at an address that is unconnected to the girl. Another judge has already thrown it out, and he’s decided to try it again. As if he can win provided he gets lucky with the judge on the day.

Serial abuse of process and obstruction of justice by those with deep pockets is the problem, and only a complete overhaul of the legal/civil/criminal systems can solve it.

People who advocate for “tit for tat” are not addressing the problem; they’re ensuring it’ll only get worse.

An automatic fine of 30% of your annual income for launching vexatious litigation / fraudulent claims would be a good start.


15 posted on 06/03/2025 6:19:12 AM PDT by MalPearce ("You see, but you do not observe" - Holmes to Watson, A Scandal in Bohemia)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber
The problem isn't the "Law".

The problem is the people.



16 posted on 06/03/2025 6:22:15 AM PDT by Bratch
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

Two wrongs can make a right.

My grade school teachers were not correct.


17 posted on 06/03/2025 6:28:01 AM PDT by Raycpa
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

Tit for tat EVERYTHING is necessary with the Dems. The old Bush rule of turning the other cheek was a recipe to get our clocks cleaned. The old Boehner rule of crying about how there was nothing he could do was a recipe for preemptive surrender. And the more moder GOP rule of lots of hearings with no action is a recipe for incredible frustration. The only thing the Dems understand is getting beat into submission.


18 posted on 06/03/2025 6:35:08 AM PDT by Opinionated Blowhard (When the people find that they can vote themselves money, that will herald the end of the republic.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bobalu

Excellent points!

I made it to DC in October 1998, but I’m glad I didn’t make for January 6th.


19 posted on 06/03/2025 6:35:58 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
[ Post Reply | Private Reply | To 10 | View Replies]

To: MtnClimber

Does Trump now have a DECLASSIFIED stamp and inkpad in his personal possession?


20 posted on 06/03/2025 6:40:13 AM PDT by Brian Griffin
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-29 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson