Show Notes
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 the first Trump terms, Steve Bannon, joins The Drill Down podcast on the most recent episode.
Lawfare, the strategic use of legal systems and principles 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 of “no one is above the law” often clashes with 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 ignored normal FBI procedure in going after retired Gen. Mike Flynn, Trump’s first chief of staff, in order to interrogate him without lawyers present. His case dragged on for all four years of the administration, even as 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 often becomes the Left’s means of asserting power while being out of power.
“These people are vicious because they know they can’t win at the ballot box, particularly with the shift in demographics… They’re going to have a very tough time in electoral college as things shift to the South and Southwest,” he explains.
“It’s not going to stop until you force it to stop,” he says. He believes the administration should consider articles of impeachment against some of the federal judges that have issued national injunctions from their lower district court perches. “Once you start impeaching one or two of these judges, the rest will fall in line,” he says.
Bannon believes both the Democrats and the establishment members of the Republican Party are trying to wait Trump’s efforts out. “They all think we’re a passing summer storm,” he says.
Schweizer asks what three things he would tell the president’s team to focus on? He mentions a lawsuit filed in Nevada to challenge voter fraud in that state, which will apply to other states; investigating the FBI’s involvement of the 274 agents the bureau has now admitted were present in the crowd during the Jan. 6 riot; and finally investigating historic and ongoing Communist Chinese infiltration of American institutions.
Bannon tells Schweizer, author of two books on Chinese corruption efforts on America, “I’d just hand ‘em copies of your last book and say read the whole thing.’”
