President Donald Trump is turning the tables on the lawfare against him by using it back against the persecutors who came after him. He directed the DOJ to pursue charges against former FBI Director James Comey, former special counsel Jack Smith, former National Security Advisor John Bolton, Fulton County District Attorney Fani Willis and New York County District Attorney Alvin Bragg. Trump has also ordered federal law enforcement to seek sanctions against attorneys and law firms filing lawsuits against his administration's policies.
However, this must be expanded to include all victims of lawfare. Congress can create a remedy to allow for lawsuits and restitution to compensate for the losses those targeted endured. Many of them were financially destroyed, filing for bankruptcy and having their bank accounts closed, and their careers were ruined. They spent years fighting the lawfare instead of advancing their careers — including attorneys who lost their licenses. Some have never fully recovered and suffer from a form of PTSD.
Congress must pass a law giving the DOJ the power to seek restitution for lawfare victims that should have no statute of limitations, similar to murder charges and other high-profile criminal charges. And there should be a private right of action alongside the DOJ remedy so that victims can form class- actions and sue privately if the DOJ chooses not to enforce the law for them — which might happen if a Democratic president takes over in 2028 and weaponizes the DOJ all over again, ignoring past lawfare victims.
Treble damages and attorneys fees would act as a strong deterrent to future lawfare, while making victims whole again. And the legislation should preempt any federal, state or local judicial rulings or verdicts that were arrived at as a result of lawfare.
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The lawfare against conservatives has become so vast that most of us now know at least one person who has been targeted. I always joke that every single conservative election attorney I know in Arizona has been targeted by the State Bar of Arizona, with most of them undergoing extensive investigations and some of them receiving suspensions.
The lawfare precedes the Trump administration. It only started receiving attention due to Trump’s powerful ability to fight back. Conservatives before the Trump era were ignored and left hung out to dry, such as former Maricopa County Attorney Andrew Thomas. Thomas led the fight with Sheriff Joe Arpaio against illegal immigration and corrupt judges before it was a thing, and for that he was disbarred. The case against him was so preposterous that prosecutors tried twice to secure grand jury indictments against him and failed. Considering the old phrase from New York Court of Appeals Judge
Sol Wachtler, that district attorneys can get a grand jury to indict a ham sandwich, this shows how horrifically bad the charges were.
While much of the lawfare has been directed at conservatives associated with Trump’s efforts to combat election wrongdoing in 2020, the lawfare has targeted conservatives for many reasons. Conservative attorney Chris Crowley is being disciplined by The Florida Bar merely for calling his opponent “corrupt,” “swampy,” and noting her family ties to the PLO in a race for state attorney.
The new Arctic Frost revelations have exposed the Biden FBI and DOJ targeting the RNC, CPAC, Turning Point USA, Conservative Partnership Institute and 400 conservatives, including Senators Lindsey Graham and Ron Johnson via secret subpoenas.
The bill could be called the Lawfare Victims Restitution Act of 2026 (or something more clever). Congress finds that 1) malicious, politically motivated or bad-faith use of the legal process (“lawfare”) inflicts severe financial, reputational, and emotional harm on citizens; 2) existing statutes of limitations often bar recovery long after the harm is discovered; 3) the Department of Justice should have explicit authority to pursue restitution in the public interest; and 4) private citizens must retain the ability to vindicate their rights through individual or class litigation.
This approach makes sense because others who have been targeted by the left are already making progress getting a remedy from Congress. Sean Davis, co-founder of The Federalist, recently testified to Congress about the need for similar justice after his site was targeted by the left and big tech. The company lost tens of millions of dollars due to the left attacking its readers and advertisers, and complicit big tech throttling them.
Davis said he has been trying to get justice through lawsuits in federal court, but it’s been “pretty aggravating … to see illegal immigrants get faster action in federal district courts than we’ve gotten.” While Davis was fortunate to have attorneys represent The Federalist pro bono, other victims haven’t been so lucky. Senator Eric Schmitt told Davis he has sponsored legislation, the Censorship Accountability Act, to provide a private right of action for citizens to sue an individual government bureaucrat personally for suppression of speech.
While the courts are still full of corrupt judges who will do everything they can to obstruct a new law providing justice to victims, some bold and fearless judges have stepped up recently to uphold the rule of law. Lawfare victims could file lawsuits in their jurisdictions. The left always shops for judges, so conservatives can use the same tactic.
Judges Reed O’Connor and Matthew Kacsmaryk of the Northern District of Texas, Andrew Hanen of the Southern District of Texas, Mark Pittman and Jeremy D. Kernodle of the Eastern District of Texas, T. Kent Wetherell II of the Northern District of Florida and Aileen Cannon of the Southern District of Florida have all stood out for upholding the rule of law instead of coming to twisted, distorted decisions in order to thwart the Trump administration.
It is imperative to implement this legislation now, while the GOP controls both the presidency and Congress. It will be too late after the midterm elections if Republicans lose one of the chambers of Congress. Let’s not forget these brave ones who have sacrificed so much for standing up for conservative principles. And it will serve as a deterrent for the inevitable lawfare restarting once Democrats resume power.
Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.
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