The indictment of former FBI Director James Comey has raised cries of “lawfare” from Democrats declaring that President Donald Trump’s administration is going after his political opponents.
It’s a rich charge to make given the number of prosecutions against both Trump and those in his orbit during and following his first term. One of those targeted during Trump’s first term, Steve Bannon, joins The Drill Down podcast on the most recent episode.
Lawfare — the strategic use of legal systems and processes to achieve a goal traditionally pursued through political means — tries to hamstring political opponents by tying them up in court, ruining their reputation, or bankrupting or even jailing them. Yet, as host Peter Schweizer notes, one man’s idea that “no one is above the law” often clashes with the tactical harassment of a political enemy. So, which one of those is the indictment of Comey?
“I do think we have to put this in perspective because the charges just went down — the lying to Congress and obstruction of justice — are just the appetizers,” Bannon says. He believes Comey’s indictment will lead to further accountability and speculates there will be additional perjury charges coming against former CIA head John Brennan, former National Intelligence director James Clapper, and former FBI official Andrew McCabe on broader conspiracy charges.
“I think that this is going to make Watergate look like the small-time burglary that it was,” he adds.
Schweizer references the charges brought against Comey and says, “It seems to me he’s guilty of those charges, but we’ll see what the trial brings up.”
Lawfare has grown as a tactic since the 1973 Watergate scandal, and there was plenty of it during the first Trump term, used against Trump aide Carter Page and many others. Comey departed from normal FBI procedures in going after retired Gen. Mike Flynn, Trump’s first chief of staff, interrogating him without lawyers present. His case dragged on for all four years of the administration, until the DOJ eventually requested its charges be dismissed.
Schweizer mentions two well-known proponents of lawfare — New York City DA Alvin Bragg and NY Attorney General Letitia James, who campaigned for their offices by specifically promising to get Trump. “It’s not like they said, ‘Hey, we’ve been digging through some evidence, and we’ve decided here are some charges that should be brought.’ No, they said, ‘If you elect us, we will find something to charge him with,’” Schweizer says.
“The state of New York changed its constitution so that big Tish James and Bragg could come after me,” Bannon says. “They’ll do anything.”
Lawfare has become the left’s go-to means of asserting power while being out of power.