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We Are Totally Going to Crush the Democrats' Puny Lawfare Offensive
Townhall ^ | February 14, 2025 | Kurt Schlichter

Posted on 02/14/2025 2:39:11 AM PST by kevcol

Everybody needs to calm down and take a deep breath – the DOGE revolution is not in danger because a bunch of obscure district court judges in blue jurisdictions have signed ridiculous temporary orders purporting to limit President Donald Trump’s ability to actually be president. Don’t listen to the black pill battalion. We’re not losing this fight. We’re going to win it. Listen to the vice president – JD Vance has gotten a lot of heat because he pointed out that this is a legal farce. As usual, he’s right. And, to the extent there is a constitutional crisis – which there isn’t – it was brought on by uppity jurists hoping to distract the administration from its mission by embroiling it in a separation of powers fight. Except that’s not going to happen. The President and JD Vance are not going to fall for it. What they will do is use the judiciary to police its own misbehaving members, and when it’s all done, these legal fights will solidify the administration’s ability to act decisively in the future.

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Editorial; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: article2; handwringers; handwringingbelow; interference; judges; judicialactivism; judicialcoup; judicialmisconduct; lawfare; obstruction; pearlclutchers; pearlclutchingbelow; sabotage; schlichter; trump
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Long article, but worth the read - explains the process and end game.


1 posted on 02/14/2025 2:39:11 AM PST by kevcol
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To: kevcol

From the article:
“As a lawyer, watching this – much like watching a lot of the lawfare they have waged against Trump both in and out of office – is difficult because it’s utterly insane. You need to understand that the stuff you see happening with Trump and his administration never happens in non-Trump court cases.”

Yeah? I seem to recall in Jan, the SCOTUS had an opportunity to step in in the bogus 34 count case and Roberts and Barret voted with the leftists. [”By a 5-4 vote, the Supreme Court handed a largely symbolic, but still politically significant, loss to President-elect Donald Trump on Thursday evening. Chief Justice John Roberts and Justice Amy Coney Barrett, both Republicans, voted with all three of the Court’s Democrats.

The case, known as Trump v. New York, involves Trump’s felony convictions for falsifying business records related to hush money payments Trump made to an adult actress. Trump was convicted on 34 felony charges last May, but he is not scheduled to be sentenced until Friday. Trump had asked the Supreme Court to halt that sentencing hearing, at least until higher courts hear his appeals claiming that his conviction violates a legal doctrine, newly established by the Supreme Court’s recent immunity ruling in favor of Trump, which gives former presidents broad but not limitless immunity from prosecution.”]

The SCOTUS is not the magic bullet we hope it will be.
I hope I am wrong. But there better be a plan B.


2 posted on 02/14/2025 2:52:29 AM PST by Adder (End fascism...defeat all Democrats.)
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To: kevcol

the DNC has already lost.

The Supreme Court’s decision in Mississippi v. Johnson reinforced the separation of powers by affirming that the judiciary could not enjoin the President from performing his executive duties, particularly those involving discretion.
This case set a precedent for the immunity of the President from judicial injunctions concerning discretionary actions.
Mississippi v. Johnson, 71 U.S. 475, 18 L. Ed. 437, 4 Wall. 475, 1866 U.S. LEXIS 897

https://www.courtlistener.com/opinion/87790/mississippi-v-johnson/


3 posted on 02/14/2025 2:54:29 AM PST by Diogenesis (Si vis pacem, para bellum)
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

The DNC has already lost.

The Supreme Court’s decision in Mississippi v. Johnson reinforced the separation of powers by affirming that the judiciary could not enjoin the President from performing his executive duties, particularly those involving discretion. This case set a precedent for the immunity of the President from judicial injunctions concerning discretionary actions.

Mississippi v. Johnson, 71 U.S. 475, 18 L. Ed. 437, 4 Wall. 475, 1866 U.S. LEXIS 897
https://www.courtlistener.com/opinion/87790/mississippi-v-johnson/

Courtesy diogenesis


4 posted on 02/14/2025 3:03:02 AM PST by Liz
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To: kevcol
Re: "Everybody needs to calm down and take a deep breath..."

Thanks, Q-Anon. That is great advice.

Trump is doing exactly what he did in 2017.

Trump is going to appeal each Restraining Order, a process that will take months, or longer, and has zero guarantee of success.

The completely amazing political energy that Trump has personally generated in the last three weeks is going to steadily bleed out over the next few months.

5 posted on 02/14/2025 3:05:03 AM PST by zeestephen (Trump Landslide? Kamala lost the election by 230,000 votes, in WI, MI, and PA.)
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To: kevcol
Mostly, we need to calm down and wait. They’re not going to stop us. These orders will fall. It won’t be tomorrow, but it will be soon enough. When it’s all over, Trump is going to be in an even stronger position because this weapon will be taken from the Democrat arsenal. And that’s a big problem for them because they really don’t have much else to throw at us.

I'm having a pretty good morning. How about you?

6 posted on 02/14/2025 3:07:36 AM PST by Libloather (Why do climate change hoax deniers live in mansions on the beach?)
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To: kevcol
Although a bit pompous, Kurt Schlichter puts this neatly in laymen's terms.

I figured the Trump team had seen this coming, but wasn't sure what the plan was, or why. Now I do.

If the Supremes allow this farce, their own rulings can likewise be ignored and this undermines the whole Supreme Court structure.

Even John Roberts could not allow this outcome.

Trump doesn't seem worried, we shouldn't be either.

7 posted on 02/14/2025 3:08:08 AM PST by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
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To: All

Fox News

Meet Samantha Power Biden USAID appointee
facing backlash amid Musk’s DOGE crackdown

https://www.foxnews.com/politics/who-is-samantha-power-meet-biden-era-usaid-leader-facing-backlash-musks-doge-crackdown


8 posted on 02/14/2025 3:10:25 AM PST by Liz
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To: All

Power and Biden

Samantha Power previously served as the United States ambassador to the United Nations from 2013 to 2017 in the Obama administration after serving on his National Security Council. Appointed by Biden, she took the reins of USAID in the early days of the Biden administration and was tasked with overseeing the tens of billions of dollars budgeted for foreign aid.

Then-Vice President-elect Kamala Harris said in a statement at the time of Power’s appointment: "One of the most pressing challenges facing our nation is restoring and strengthening America's global leadership as a champion of democracy, human rights, and the dignity of all people. "Few Americans are better equipped to help lead that work than Ambassador Samantha Power."

9 posted on 02/14/2025 3:17:12 AM PST by Liz
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To: kevcol

I think Trump should create a new agency to implement the various orders from the judges. Department name would be called SLOTH and recruit retired motor vehicle department workers to put action plan in place.


10 posted on 02/14/2025 3:22:38 AM PST by Raycpa
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To: kevcol

Dems lawfare success is based on jurisdiction shopping (legal) and judge shopping (illegal)
Pam Bondi should bring Federal cases against Democrat judge shopping. Even pertaining to state court cases. Use AI to analyze patterns of judge shopping.


11 posted on 02/14/2025 3:23:48 AM PST by dennisw (DËMÔNràts - Truth is hate to people who hate truth.)
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To: All

Power’s USAID spent
<><>$2M on transgender surgery, hormone therapy and gender affirming care in Guatemala
<><>$25,000 to fund a transgender Opera in Colombia
<><>nobody in Columbia was willing to buy a ticket

We can’t pay down our own debts but we are borrowing to send money overseas, borrowed money that could be used to pay our $36 trillion debt to take care Americans who actually pay these taxes

America should not continue to be the world’s piggy bank; it’s time to end the waste of foreign aid, to end the debt ridden bureaucracy, to do what’s right for America and the American people.


12 posted on 02/14/2025 3:26:31 AM PST by Liz
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To: Adder
Thank you for bringing this thread down to planet Earth.

The author's guesswork, I almost said opinions, concerning the future are Pollyanna-ish and he may or may not get lucky. That's the trouble about predictions, especially about the future -as Yogi Berra said--they are good for making us feel good but not much good otherwise.

The author recites some of the basic facts about TROs (temporary restraining orders) much of which I and others have covered in our own replies days ago but most of us refrained from feel good assurances asserting that we know something that we do not.

These minor triumphs the left is scoring almost daily are a dangerous counterattack that transforms the nature of the war in the minds of the public. If Democrats oppose Trump exposing waste fraud and corruption, they position themselves as being in favor of waste fraud and corruption and lose the public relations battle which will be so important in 2028.

But if the courts curb Trump in his exposure of waste fraud and corruption the war now is about the Constitution not Democrat excesses and the protagonists are not so much the Democrat party but the court and the Constitution on the one hand and Donald Trump on the other.

The whole game has changed and stood on its head: Trump is now fighting the courts, not waste fraud and abuse.. Trump is now violating the Constitution, not exposing waste fraud and abuse.

If the author is correct and these ex parte TROs will be rescinded, Trump's crusade will continue but, nevertheless, the Democrats will be able to point to some decisions that support their position to some degree and that will permit them to change the nature of the debate.

Furthermore, the Democrats need delay, time to get off their back foot to reorganize and counterattack and, above all, to find a way to get on the right side of this issue.

The author is doing what no good attorney should do, flatly predicting the outcome of the case and creating a reality that is hostage to fortune.


13 posted on 02/14/2025 3:31:04 AM PST by nathanbedford (Attack, repeat, attack! - Bull Halsey)
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To: kevcol

The issue is the time involved, not the outcome.


14 posted on 02/14/2025 3:31:48 AM PST by maddog55 (The only thing systemic in America is the left's hatred of it!)
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To: zeestephen

Pam Bondi can speed up the process of getting cases to the Supreme Court by pushing the lower courts to move faster. If they are uncooperative, she can ask the Supreme Court to step in early. Given that these politically motivated judges’ orders are interfering with the President’s ability to do his job, she will argue that it’s an urgent constitutional issue requiring immediate attention.

And given that the Chief Justice is aware of this judicial overreach (as the article asserts), the Court may be more inclined to act immediately given that these cases present clear threats to the separation of powers (as they clearly do).


15 posted on 02/14/2025 3:37:17 AM PST by RoosterRedux ("There's nothing so inert as a closed mind" )
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To: Psalm 73
If the Supremes allow this farce, their own rulings can likewise be ignored and this undermines the whole Supreme Court structure.

Just as Andrew Jackson’s tenure exemplified a robust defense of executive power and a refusal to acquiesce to unconstitutional challenges from both Congress and individual states - Trump should refuse ANY court's judgement that doesn't respect the authority and power of the Executive.

16 posted on 02/14/2025 3:39:21 AM PST by JesusIsLord
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To: Adder
"The SCOTUS is not the magic bullet we hope it will be. I hope I am wrong. But there better be a plan B."

The Roberts Court has shown a propensity to kick the can down the road when there is a potential legislative fix to a particular problem or issue. Think Dobbs decision.

17 posted on 02/14/2025 3:41:42 AM PST by buckalfa (They say nothing is impossible, yet I accomplish nothing every day.)
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To: JesusIsLord

Faith in the judicial system in the U.S. has been badly damaged by Democrat lawfare and, if the goal is to MAGA, Trump has to rebuild confidence in it by following the law.


18 posted on 02/14/2025 3:42:47 AM PST by RoosterRedux ("There's nothing so inert as a closed mind" )
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To: kevcol

The American people are not dumb. Just as the court cases against Trump increased his support, these will do likewise, this is the reason Trump is not worried. These cases have proven to increase Trumps political power. It’s like a video game character getting life points.


19 posted on 02/14/2025 3:45:41 AM PST by Raycpa
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To: Raycpa

Well said.


20 posted on 02/14/2025 3:49:19 AM PST by RoosterRedux ("There's nothing so inert as a closed mind" )
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