Is justice coming for lawfare prosecutors?

Generally, prosecutors enjoy nearly complete immunity for their legitimate actions. That’s a recognition of the fact that many are not happy with what prosecutors do, even if prosecutors are careful to remain well within the limits of the law and responsible prosecutorial discretion.

The same is true of judges, though they arguably have even more immunity.

The problem is the power to prosecute, like the power to tax, is the power to destroy. Particularly during the Harris/Biden years, Americans have seen numerous examples of rogue prosecutors abusing their powers and bringing prosecutions based on “novel legal theories.” Translation: making stuff up and charging non-existent or non-applicable crimes. The result has been a spate of political prosecutions by “Soros prosecutors” and their ideological fellow travelers.

Never in American history has such a concerted effort by a ruling political party been made to bankrupt and imprison its presidential rival, many of his supporters and Normal Americans. Never has such blatant election interference been seen. Never have the boundaries of legitimate prosecutorial discretion been so blatantly and serially breached.

Graphic: X Screenshot

Perhaps the worst among them has been Jack Smith, who was arguably illegally appointed to get Donald Trump as part of a concerted, failed effort to keep him from becoming president. Thanks to the Supreme Court, Smith’s unconstitutional efforts have been struck down, and the remaining cases against Trump in state courts have either totally collapsed or are in the process of collapse. And now, Trump’s tormentors are realizing they might have to pay a price for their contempt for the rule of law and honest Americans:

Graphic: X Screenshot

Members of former Special Counsel Jack Smith’s prosecution team are reportedly hiring lawyers and preparing for possible legal action by incoming President Donald Trump’s Department of Justice, according to the Rolling Stone.

The magazine reported this week:

According to two sources with knowledge of the matter and a former Justice Department official, several attorneys and staffers who were on the special counsel’s Justice Department team, or had done work for its criminal investigations into Trump, have already sought legal counsel or retained personal lawyers — in case the former and now future president and his incoming administration follow through on his desire to probe or even prosecute his enemies.

One can only hope Trump, and his Attorney General nominee, Pam Bondi, follow through. Not with improper political prosecutions, but with competent, complete investigations of actual violations of actual criminal laws, followed by competent, ethical prosecutions where the alleged violators are afforded full due process rights.

One of the sources with knowledge of the situation tells Rolling Stone that multiple people who worked with Smith and his core team have preemptively reviewed their private and professional communications, to make sure they hadn’t written anything that could be subpoenaed, publicly revealed, and used against them to paint a narrative of alleged misconduct or supposed anti-Trump bias.

Hmmm. Why do you suppose such narratives might be painted? Perhaps because they reveal not alleged, but real misconduct and anti-Trump bias? No ethical prosecutor need worry about any such thing. They do things by the book. They don’t bring false charges, nor do they engage in malicious prosecutions. Rolling Stone’s prose suggests those preemptive reviews might be more about feeding any such writings into shredders before Bondi assumes control of the DOJ.

Some federal investigators, including more junior staff, have talked to attorneys and legal groups about possible ways a rejuvenated Trump Justice Department could try to make their lives hell, what precautionary measures they should take, and even how to avoid going bankrupt if the revenge probes come in full force, the sources add.

Why should honest, ethical prosecutors be worried about bankruptcy? Didn’t they act with the highest ethical standards? Weren’t they careful to follow the letter and intent of the law? Didn’t they provide grand juries with every relevant, dispositive fact? Aren’t their motives prima facie honest and shining examples of the desire to do justice rather than to gain political advantage?

What’s really happening is people who thought themselves protected, invulnerable, so long as they were unethically attacking Republicans and anyone else thought to be an enemy of the Harris/Biden regime, are suddenly horrified to discover the Department of Justice might once again actually uphold the Constitution and rule of law. Under that standard, they could very well find themselves liable to legitimate prosecution, disbarment and financial ruin--the very same horrors they unlawfully imposed on others. People who delighted in forcing innocents to understand the process is the punishment, who delighted in bankrupting honest Americans, may be about to discover karma is an equal opportunity destroyer.

It couldn’t happen to worse people.

On a different subject, if you are not already a subscriber, you may not know that we’ve implemented something new: A weekly newsletter with unique content from our editors for subscribers only. These essays alone are worth the cost of the subscription

Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor. 

If you experience technical problems, please write to helpdesk@americanthinker.com