Guest post by Don Brown
Earlier this week, New York’s Attorney General Letitia James vowed to keep using the ‘rule of law’ to target President Trump, even after his massive electoral win. In response, Article III Project Founder Mike Davis issued a strong warning to her:
“I dare you to try to continue your lawfare against President Trump in his second term. Listen here, sweetheart,” Davis addressed James. “We’re not messing around this time, and we will put your fat ass in prison for conspiracy against rights. I promise you that.” He added, “James should think long and hard before violating any more of Trump’s constitutional rights or any other Americans’ constitutional rights. It’s not going to happen again.”
Davis’s comments set off a media frenzy, with left-leaning outlets calling him a potential Trump Attorney General candidate despite his statement that he does not seek any official role. However, his stance on confronting Letitia James and other political prosecutors is spot on.
Before discussing the ethical breaches by James, it’s crucial to understand that every legal attack on Trump by James, Alvin Bragg, Jack Smith, and Fani Willis marks a frontal assault on the U.S. Constitution.
These political prosecutors assault the First Amendment, targeting individuals like Donald Trump, Peter Navarro, and Steve Bannon because they don’t like the way these men think and speak. They indicted Dr. Eithan Haim, a patriot doctor at the Texas Children’s Hospital in Houston, Texas, who stood up to expose and stop the mutilation in Texas. They attack and prosecute a political cartoonist, like Douglass Mackey, for a cartoon lampooning dumb Hillary voters. They infringe on the First Amendment Right of Freedom of Association, punishing Americans like Roger Stone, Paul Manafort, General Mike Flynn, and George Papadopoulos solely for their ties to Trump. They prosecuted the former governor of Texas, Rick Perry, simply for vetoing a bill he had every right to veto under the Texas Constitution. They even targeted ordinary pro-life fathers like Paul Vaughn and Mark Houck, furiously retaliating against Christians after the Dobbs decision overturned Roe v. Wade.
Fani Willis’s indictment of Trump’s lawyers like Rudy Guliani, Sidney Powell, and Jack Smith constituted a direct strike against the attorney-client privilege, undermining the Fifth Amendment’s protection against self-incrimination and the Sixth Amendment’s right to effective legal representation. As Trump himself noted, “They’re not going after me. They’re going after you.”
Trump was right again. If they destroy the attorney-client privilege, that’s a constitutional attack on all Americans. If the Democrats get their way by going after Trump’s lawyers, no American could ever feel confident or safe confiding in an attorney, ever again.
Attempts to remove Trump from the ballot through dubious prosecutions or civil actions, like the ridiculous effort by radical Democrats in Colorado citing the 14th Amendment’s “Insurrection Clause,” violate all Americans’ right to vote for the candidate of their choice, threatening the letter and spirit of the 15th, 19th, and 26th Amendments.
The politically motivated cases brought by Fani Willis, Alvin Bragg, Jack Smith, Letitia James, and former St. Louis prosecutor Kim Gardner, among others, are blatant abuses of power brought only to increase their own personal power and the power of the corrupt Democrat party. These prosecutors have discarded the Constitution to defeat a political opponent only because they couldn’t legitimately beat him at the ballot box. Query: Would any of these prosecutions ever have been broughtif Trump had announced two years ago that he was not seeking re-election? We all know the answer to that. So, they bastardized one of America’s most sacrosanct institutions, our once-revered judicial system, to get their way.
Let’s focus on Letitia James specifically. Her attempt to take Trump’s property in a civil case with no victims is a clear example of constitutional overreach. There were no victims or crimes in James’s fantasy case against Trump and his organization. The banks involved in the loans stated they got a good deal, yet James pressed on, motivated by her campaign promises to “get Trump.” She wanted to wreck him and bankrupt him for political reasons only.
During her 2018 campaign for Attorney General, James publicly vowed to investigate Trump. In a debate, she declared, “We need to follow his money,” showing no concern that her words might bias New York jurors or infringe on Trump’s constitutional rights to a future fair trial.
James’s comments didn’t stop there. After her election, she bragged about being a “real pain in the ass” to Trump, saying, “Oh, we’re going to definitely sue him. He’s going to know my name personally.” She labeled Trump a “con man” and a “carnival barker,” promising to scrutinize every corner of his real estate dealings. How could Trump ever receive a fair trial in New York after these prejudicial statements from its woke Attorney General?
Aside from her violation of ABA Model Rules of Professional Conduct, Rule 3.6, entitled “Trial Publicity,” which restricts lawyers from making public statements that could materially prejudice an adjudicative proceeding, the Sixth Amendment guarantees every American the right to a fair trial before an impartial jury. James has disregarded this principle, prioritizing her political ambitions over the Constitution she swore to uphold, recklessly imperiling Trump’s hope for an impartial jury. Her insidious actions have disqualified her from the office she holds.
Davis’s suggestion to prosecute James under 18 U.S. Code § 241, the “Conspiracy against Rights” statute, is worth at least considering. This law makes it a crime for two or more persons to conspire to deprive any American of their constitutional rights, punishable by up to ten years in prison.
At the very least, James and her fellow rogue prosecutors—Smith, Bragg, and Willis—should be investigated for potential violations of this statute. Additionally, Congress and state legislatures around the country should pass legislation criminalizing politically motivated prosecutions against American citizens.
Political prosecutions are a grave threat to our Constitutional Republic. This practice of prosecuting opponents, out of political motivation, must be stopped immediately.
Don Brown is a former U.S. Navy JAG officer, Republican congressional candidate, military prosecutor, and special assistant U.S. attorney. He is the author of several books, including “Kangaroo Court: How Dirty Prosecutors and Sleazy Lawyers Destroy Political Opponents, Attack Free Speech, and Subvert the Constitution.” Follow him on Twitter @donbrownbooks.
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