Lawfare

There is an interesting substack post by historian and NYU prof. Ruth Ben-Ghiat discussing the latest filing by Special Counsel Jack Smith that was just unsealed and released by Judge Tanya Chutkan. The full 165 page document can be found here. Boiled down, the filing makes the case Trump is not immune from prosecution.

Ben-Ghiat summarizes-

”At its core, the defendant’s scheme was a private one,” the prosecutors’ document reads. “He extensively used private actors and his campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office.”

On that basis, the filing argues that Trump is not entitled to the immunity from prosecution granted him by Clarence Thomas, Samuel Alito, and other far-right ideologue-justices of the Supreme Court; that ruling would grant immunity for “official acts” executed as president. 

The article goes on to say that Trump uses a ‘personalist’ model of governance where his personal, legal, political and financial needs take precedence over the party and the nation. And his needs are endless. The GOP is his personal storehouse of resources. His close followers are individuals who are strongly loyal to him and his mystique. He can convince others to conduct unsavory or even criminal acts, and when they fail, he’ll find someone else. This is not without precedent in the history of authoritarians.

The word ‘Lawfare‘ seems appropriate to Trump’s method courtroom delays and litigating to the hilt to sow confusion, expense and delay. it works, but is hugely expensive. Trump has been a wellspring of billable hours for the legal profession.