Commenter “Variant” writes, on the Bolton raid thread:
Trump is simply trying to settle petty personal grudges via Lawfare and we’re trying to justify it because it was done to him.
I prefer intellectual consistency on the right. I realize Trump isn’t conservative or consistent, but doesn’t mean we have to applaud this.
Regarding the second sentence of that comment, I suppose it depends what you mean by “conservative.” If “conservative” means playing it safe and being predictable, Trump certainly isn’t that. If it means being patriotic, being Jacksonian in foreign policy, wanting to shrink the cost of the federal government, being tough on crime, and advocating traditional definitions of man and woman, he’s quite conservative. But I doubt most people agree on the definition.
He’s strangely consistent as well, although unpredictable in his approaches. He’s very quirky and often insulting. But if you look at interviews with Trump on politics, starting when he was a fairly young man during the 1980s, his actual positions are – for the most part – remarkably consistent (see this).
But I’m especially interested in that first sentence of the comment, because it’s the sort of thing a great many people are saying – most are anti-Trumpers but not all of them. It rests, I believe, on the definition of “Lawfare” and whether it might sometimes be appropriate, and if so when.
Lawfare is defined here in this manner: “the use of legal action to cause problems for an opponent.” But if that’s lawfare, and one is against it in all circumstances, then there wouldn’t be consequences for political figures breaking the law unless the lawbreakers’ supporters would be the ones to bring charges. And although such things are not beyond the realm of possibility, they’re not at all common and not to be expected of politicians. The reality is that perps in one’s own political party who haven’t turned against the people in power in that party are very rarely going to face any consequences at the hands of that party, and therefore it’s usually up to the opposition to press charges when they are in power, even if the offenses are fairly egregious.
There need to be consequences for lawbreaking by politicians and in particular for serious lawbreaking by politicians. But at what point has the lawbreaking crossed the line at which it needs to be prosecuted? How serious does it have to be? And even when the legal charges against various politicians are the same, the particular fact situation in each case can make the seriousness of the offense very different.
For example, let’s think about classified material. Has a statute been violated merely by taking it and storing it? What level of classification is involved? Is the person authorized to take it and to even declassify it? Does it matter if the person shows it to another person, and to whom? And what about leaking it to the press? These questions differentiate the Trump classified material case from the Biden classified material case from the Hillary Clinton classified material case from the Bolton classified material case, and the details of the answers are highly important in deciding whether bringing charges would be justified and whether bringing charges might even be necessary in order to establish that there are consequences for lawless behavior.
The classified material case was the only one of the legal cases brought against Trump that wasn’t based on an absurdly novel and twisted interpretation of the law. Those other cases were what one might call pure lawfare undertaken for revenge and in order to prevent Trump from being elected. Those cases ended up backfiring, of course, but that was never a foregone conclusion and the people who brought them certainly believed there was a good chance the cases (or at least one of them) would either bankrupt Trump, and/or keep him from a second term, and/or even send him to prison.
As for the investigation of Bolton in a case involving classified material, we simply don’t know enough yet to decide how valid the investigation might be and whether any charges will come of it. But the allegations against Bolton being discussed are that “he sent ‘highly sensitive’ classified documents to his family from a private email server while working in the White House.” That seems potentially serious, if true. Sending them to family? From a private email server? If laws protecting classified documents are to have any meaning whatsoever, it seems as though behavior like that would need to have negative consequences.
It remains to be seen whether there are any legs to the allegations, and whether Bolton will be charged with anything.