Opinion: Finally! Some Lawfare of Our Own

Senate Minority Leader Chuck Schumer, D-N.Y., speaks to reporters about the political battle for confirmation of President Donald Trump’s Supreme Court nominee, Brett Kavanaugh, following a closed-door Democratic policy meeting, at the Capitol in Washington, Tuesday, Oct. 2, 2018. (AP Photo/J. Scott Applewhite)

It’s. About. Time. It’s about time our side started weaponizing the legal system to push back on out of control politicians. It’s about time we went directly after specific people along with institutions. American Thinker notes such an action by the pro-Second Amendment group, Gun Owners of America, who have stepped up to the plate. From the article

Saul Alinsky may have written his Rules for Radicals to give leftists an advantage in the battle for America’s soul, but that doesn’t mean that the rules aren’t tactically wise. On Friday, Gun Owners of America (“GOA”) decided to put into play several of those rules when it asked to have Sen. Chuck Schumer “red-flagged” as a potentially dangerous person.

Read: Gun Owners of America uses Alinsky tactics against Sen. Chuck Schumer

As was ably reported by my good friend and colleague Nick Arama, Senate Minority Leader Chuck Schumer while at a pro infanticide rally, verbally threatened two sitting justices of the United States Supreme Court, stating

“I want to tell you, Gorsuch. I want to tell you Kavanaugh. You have released a whirlwind and you will pay the price”

Arama outlines not only Schumer’s statement, but also President Trump’s masterful response and the Left’s flaccid attempt to spin.

Read: Schumer Threatens Supreme Court Justices, Dems Try to Justify, Trump Calls For Action, Some Calling for Censure

The Gun Owners of America response is what’s been needed for a long time. Here is the important takeaway from their case. For once, our team is using the legal system to hoist the Left on a petard of their own manufacture…Red Flag Laws. Red Flag Laws, like many of the Left’s efforts, use high minded rhetoric to foist tyrannical rules onto law abiding Americans…in this case, gun confiscation. Gun Owners of America is using the enemy’s tactics against him. As the article notes, this is straight out of Saul Alinsky’s “Rules for Radicals.” According to the article, here are the applicable rules in play

4. “Make the enemy live up to its own book of rules.”
5. “Ridicule is man’s most potent weapon.”
6. “A good tactic is one your people enjoy.”
[snip]
8. “Keep the pressure on.”
[snip]
13. “Pick the target, freeze it, personalize it, and polarize it.”

Rule #4 is quite obviously the prerequisite for this particular effort. Rule #5 has some applicability, especially when combined with Rule #6. After all, who doesn’t enjoy a little schadenfreude once in a while. Rule #8, I’ve addressed in other articles…keep up the pressure and attack from an unexpected direction.

Read: President Trump Needs to Campaign in Baltimore (And San Francisco Too)

Read: President Trump Is Campaigning In The Democrat Battle Space

Read: Opinion: President Trump Should Hold His Next Rally in Speaker Pelosi’s District

However, from my foxhole, the most important rule is #13. Here’s why. A long, long time ago, when I was a newly commissioned officer, a crusty old Platoon Sergeant gave me what turned out to be but one of many pieces of precious wisdom. “Sir” he said, “If there’s no pain involved, then there’s probably no learning taking place.” He was right. Little did I know at the time that this would also apply to politics at the national level.

The Leftists have long understood this form of operant conditioning and taken advantage of it. They go after people personally and make them spend their own resources to defend themselves. Lieutenant General Mike Flynn and Navy Lieutenant Carter page come to mind—two Americans patriots forced to leverage their own net worth to defend against a politically motivated prosecution. LTG Flynn ended up having to sell his home in order to pay legal bills defending against government lawyers on taxpayer funded salaries.

When faced with a choice to support your team or stay home and avoid the risk of public humiliation, some folks choose to stay home. Who can blame them? The leftists use this form of operant conditioning very effectively. B.F. Skinner would be so proud.

On the other hand, our team does a barely adequate job in suing government institutions and on the odd occasion, might even win. But there is no pain involved for the Leftists who caused the problems in the first place. Last I heard, Lois Lerner, the IRS executive who illegally and maliciously targeted conservative groups, is still drawing her not unsubstantial pension while continuing to receive adulation on the Leftist lecture circuit. Any pain that might have accrued by a setback in court, fines or restitution, is borne by the American Taxpayer, thus leaving the Left to think, “OK, There’s always next time.” And, there will be a next time. “Settled Law” for the Left, is only when they win.

I’m not naive enough to believe that Senator Schumer will suffer any true hardship over this. However, if the Gun Owners of America can get him into a court and force him to either publicly defend his statement or disavow it under oath, that would be a good start. It would put their team on the defensive for once. A secondary benefit might be if the court ruled his statement given at a public demonstration, is protected speech, then that would open a lot of doors for our side. Just food for thought. One cautionary note…when we do take such actions as Gun Owners of America has, we certainly don’t wish to communicate our support for the laws we are using to fight back with…in this case, Red Flag Laws.

Mike Ford
Mike Ford, a retired Infantry Officer, writes on Military, Foreign Affairs and occasionally dabbles in Political and Economic matters. 
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