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Saturday, January 21, 2023

Political Arsonists Need To Be Dealt With Firmly

 It's harder for me to actually sit down and write blog post these days.  I think it's because there are so many outrageous things happening that it's impossible to keep up with them, let alone do the research necessary to say something worthwhile.  Republicans are like political arsonists, setting fires everywhere.

And that may be the point - just ignite the world with so much brazen, anti-democratic bullshit, that the still sane part of the world spends all its time fighting these outrages and can't get anything else done.  It's part of Trump's legal strategy - just sue and countersue and sue again until the other side runs out of money or patience.  

Fortunately a judge finally called him on this. United States District Judge Donald Middlebrooks wrote a blistering order.  I've pulled out some of the conclusions he made.  Each conclusion is followed by detailed citations of law and the facts of the cases, for which you'll have to read the whole ruling itself here. 

"This case should never have been brought. Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim."

"Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm."

"I find that the pleadings here were abusive litigation tactics. The Complaint and Amended Complaint were drafted to advance a political narrative; not to address legal harm caused by any Defendant."

"The 819 paragraphs of the 186-page Amended Complaint are filled with immaterial, conclusory facts not connected to any particular cause of action."

"The Amended Complaint is a hodgepodge of disconnected, often immaterial events, followed by an implausible conclusion. This is a deliberate attempt to harass; to tell a story without regard to facts."

"In order to understand the scope of this abuse, multiply the above discussion by thirty-one defendants and their lawyers, forced to try to analyze and defend against the sprawling Complaints."

"I sifted through the thread of allegations against each defendant only to find they added up to no cognizable claim. And the pleadings were drafted in a way to disguise that fact."

"The Plaintiff consistently misrepresented and cherry-picked portions of public reports and filings to support a false factual narrative. Often the report or filing actually contradicted his allegations. It happened too often to be accidental; its purpose was political, not legal. Factual allegations were made without any evidentiary support in circumstances where falsity is evident."

"C. The Plaintiff’s Legal Theories Were Frivolous, Foreclosed By Existing Precedent.
The Plaintiff recklessly advanced claims foreclosed by existing precedent that the most basic legal research would have revealed. It was not that the Complaint and Amended Complaint were inadequate in any respect, they were inadequate in nearly every respect, even after the deficiencies had been identified in the multiple motions to dismiss."

"III. A PATTERN OF ABUSE OF THE COURTS.
I have explained why the totality of the problems with the Complaint, Amended Complaint, and the arguments and statements of Plaintiff’s counsel show that this lawsuit was filed and prosecuted in bad faith. But this case is part of Mr. Trump’s pattern of misusing the courts to serve political purposes. Federal courts have both the inherent power and the constitutional obligation to protect their jurisdiction from conduct that impairs their ability to carry out Article III functions."

This was punctuated with a $937,989.39 judgment, mostly to pay the attorneys fees of the defendants.  


Thomas Zimmer, @tzimmer_history, who  teaches history at Georgetown University warns that  putting out these fires won't only be done with reason and logic.  


Fortunately, most judges still base their decisions on reason and logic as did Judge Middlebrooks.  But Trump's weapon is bravado and bullshit.  Bravado for his cult members and bullshit to clog up the courts, muck up the media, and generally make truths harder to discern.  

To a great extent these political and social arsonists have escaped serious punishment if any at all.  That emboldens them to set more fires. As the judge pointed out in his ruling, the court losses that Trump suffered were all used as evidence to his cult of the corruption of the courts.  

Until we find the tools and the will to adequately apply consequences for these arsonists, things will just get worse and worse.  

[Readers, either accept this ending or create one of your own.  These topics have no neat endings, they spill out into all directions defying a succinct wrap-up with which NPR and other media are wont to end their news stories.]



3 comments:

  1. 'Creative destruction' of the modern political order lays up hope of its successor, I suppose. Don't particularly wish to live in that brave new world, however. Must be getting old!

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  2. For some reason your blog has not reached my email in-box lately, so found you old school (I resubscribed so here's hoping)... your first two paragraphs above are apposite. The "arson" these days is like walking through scary cobwebs.

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  3. Anon 1/22 - You've added 'creative destruction' to the discussion.(At least I can't find it in the original.) I'm trying to think about possible ways that might happen. I guess I'd rather imagine pruning the dead branches or ones that are twisted or otherwise blocking freedom and justice and other rights the government should protect or provide.
    Anon 1/26 - Thanks for making me look up the word 'apposite.' I've heard it, but don't think I've ever used it. Glad you're back. Subscribers were supposed to be kept when the system changed, but many seem to have been cut off. Finally, I think the cobweb image is an apt one, but I can't think of a verb like arson to go with cobwebs. And these would be sticky cobwebs strong enough to make humans fight to get through it.

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