Warfare On Lawfare

Authored by James Howard Kunstler,

“It is axiomatic that those who are beneficiaries of waste, fraud and unnecessary government spending will be the most threatened by the cuts that DOGE is making in these programs. These beneficiaries of waste and fraud are also extremely worried about the reputational, legal and potential criminal risk they will suffer by being exposed by DOGE” 

- Bill Ackman

I’m so glad that The New York Times explained what Kendrick Lamar was up to in his Super Bowl half-time act because all I could make out was a grown man dressed-up like an eight-year-old hollering nursery rhymes in front of a flash-mob. Apparently, KL is engaged in a feud with another rapper named Drake, whom KL styles as a child molester. So, you see, the whole thing was just a bit of wholesome family entertainment. Thank The NY Times, for putting a grad-school spin on it:

Speaking of metanarratives — and apart from the private vendettas on Planet Rap — a nice one is developing at center-stage of US political life: the Party of Chaos using federal judges to oppose the dismantling of their gigantic grift scaffold.

In other words, more lawfare to obstruct any earnest effort to effectively reform the management of our country. 

So, last week, you get Judge Carl J. Nichols in the DC District arguing that the DOGE shutdown of USAID was unauthorized and potentially illegal, lacking congressional approval.

Then, late Friday (when most citizens are checking out of the week’s struggles) Judge Paul Engelmayer out of the Southern District of New York blocked DOGE and other executive branch officials from accessing US Treasury records of expenditures. The injunction, comically, prevents Treasury Secretary Scott Bessent from seeing what his agency doles out money for — that is, from managing anything his department does. 

The suit that prompted the ruling was brought by nineteen states’ Attorneys General led by NY AG Letitia James. So, you see how this works.

You must also imagine that the White House was prepared for these lawfare shenanigans, though they haven’t shown their hand in response so far. 

This is a constitutional quarrel, of course, since it concerns who has authority between the executive, the legislature, and the judiciary over agency spending and, in particular, who gets to audit it. The actual objective by the plaintiff in these cases (the Party of Chaos) is simply to delay any corrective action.

The DOJ under Pam Bondi can designate the US Solicitor General to petition the Supreme Court (SCOTUS) for certiorari — to expedite the resolution of this constitutional issue as to whether Mr. Trump, as chief executive, and his bona fide appointees, can carry out executive functions. 

The arguments against that appear to be weak.

It is the President’s duty to see that the laws are faithfully executed, meaning that the departments under him do their jobs correctly, which would give him inherent authority to audit and restructure agencies like USAID. 

Both judges Nichols and Engelmayer are arrogating executive and legislative functions on policy-making to themselves, triggering a separation-of-powers dispute that the SCOTUS must adjudicate promptly.

What matters most in these cases is that SCOTUS has an opportunity to put up new guardrails against the hijacking of the federal courts for the purpose of lawfare — that is, for political dirty-fighting under color-of-law. 

The law is slow-moving, arcane, and incomprehensible to most non-lawyer citizens and that is why the Party of Chaos has misused it so liberally.

In any event, DOGE is moving ahead on many other fronts and the next battleground looks like the US Department of Education, an agency which, since its creation in 1979, has only presided over an epic degeneration in the academic performance of young people. The agency has grown since 1979 to 4,400 employees overseeing a $238-billion budget. Otherwise, what it’s mainly accomplished is to enrich the various teachers’ unions and to raise the cost of college tuitions astronomically while degenerating the purpose and value of higher ed. The fifty states were arguably doing a better job on their own without any DOE on the scene.

“This feels like a national exorcism.” 

- Charlie Kirk

Meanwhile, it’s satisfying to see the security clearances revoked from Antony Blinken, Jake Sullivan, Lisa Monaco, Letitia James, Alvin Bragg, Andrew Weissmann, Mark Zaid, and Norm Eisen. The reason: among other crimes, they all dabbled in election interference. And “Joe Biden” lost his, too, on account of being too feeble-minded to be trusted with classified information. Who knows what other legal complications lie in waiting up ahead for that whole gang? Lawfare giveth and lawfare taketh away. Or FAFO.