Real Reason Trump Lost Sex-Assault Trial

Biased Judges Torpedo Trump, Fox News—and Us

Years ago, some of us cried in the wilderness and warned of a legal profession and court system becoming so stacked with leftist bias that our republic and the rule of law would start to disintegrate.  Today, denunciations of “two-tiered justice” are heard everywhere among patriots, confirmation of the tragic trajectory our nation was, and is, on.  Consider what has happened to the rule of law recently:

·      Facing a politically charged lawsuit over the 2020 elections seeking more than $1 billion, Fox News was so kneecapped by court rulings that it could not defend itself.  A leftist judge sabotaged their case by ruling the jury could not even consider any claims of 2020 election fraud committed against Trump.  Fox News then caved, paying ¾ of a billion dollars to settle, and further sued for peace by sacking Tucker Carlson, their most conservative (and popular) host.

·      In the newly minted Stormy Daniels criminal case, Trump was slapped with an unconstitutional gag order by the trial judge, whose daughter worked on the Biden-Harris campaign.  The order requires Trump to obtain court approval before commenting publicly on evidence in the case.  Even casual observers of Dateline and other crime shows know such a gag order is almost unheard of, as it prevents a criminal defendant from using treasured First Amendment rights to publicly protest innocence before and during trial.

·      This week, Trump was hit with a $5 million jury verdict for sexual abuse and defamation in a New York lawsuit filed by Jean Carroll.  What you haven’t heard is the judge torpedoed Trump’s defense.  He flaunted his bias against Trump and repeatedly made negative comments to sway the jury.  Numerous examples of Judge Lewis Kaplan’s bias, noted by Trump’s counsel, can be read here. Like his counterpart state judge across town, Kaplan slapped Trump (and his son Eric) with an unconstitutional gag order barring them from discussing the case publicly.  Kaplan went so far as to suggest he might refer the Trumps for federal criminal charges should they not stand down (Eric Trump then deleted his offending tweet about the case, completing the unconstitutional silencing).

·      Any and all MAGA challenges to shady election practices have been shot down summarily by the courts.

·      These examples are to say nothing of the many anonymous and powerless defendants experiencing comparable bias, such as the hundreds of January 6 defendants being funneled through the legal guillotine in Washington.

Lawyers of the Right Are Neutered

The judicial bias and threats are so overwhelming that lawyers in these cases have been rendered unable to advocate effectively.  Fearing professional attacks on themselves for zealously defending their clients amidst hostile elites, many have obviously pulled punches in their litigation tactics and arguments.  You’ve probably not even heard public complaints from lawyers for Trump or Fox News about the matters I just listed, all because they anticipate professional retaliation and seek to protect themselves.

Others have been caught flatfooted—in Lincoln’s famous description of a Union general, like a “duck hit on the head.”   Rather than filing a formal motion for mistrial against Judge Kaplan, and presumably to avoid personally alienating the aggressive judge, Trump’s lawyers in the Carroll case presented the judge merely with a letter on law firm stationery asking the judge for this relief.  The restrained tactic seemed to work, at least as far as Trump’s lawyers were concerned:  The judge praised Trump’s counsel for being a “heck of a lawyer” at trial’s end even as Trump was hammered.  Once again, conservatives are praised and rewarded for being good losers.

These trends have been brewing for years, and now they have engulfed even the most powerful and affluent of defendants on the Right.  Patriots can no longer allow GOP politicians, who have changed the subject away from leftist lawfare for decades, to ignore the institutional prejudices being installed to sabotage conservative parties in court.

The Urgency of Reform

Congress must act.  Federal legislation is required to confront the outrageous systematic denial of justice to conservative and patriots and those who dare to lead or speak for them.  Even if the bills go nowhere in the Senate, exposing these abuses will have a salutary effect.  They will shame some fair-minded if cowardly judges and allow for future dismantling of these barricades to justice.  The decades of self-serving RINO neglect must end, and thoroughgoing legal reform must be pushed to the top of the policy agenda.

These problems are far more manageable at the state and county level where elected judges govern.  These jurists are far less affected by the leftist trends in the law, for they must answer to voters who reject those values.  A “Fortress Strategy” can buttress this approach.  States with an insider “merit selection system” for judges (truly an Orwellian name) and no meaningful elections face a far greater challenge and more compelling need for reform, as these judges are not accountable to the public.

Over the next couple of years, as the growing pack of legal ghouls descends on Trump, we will receive a first-class education in what decades of leftist aggression, RINO betrayal and general apathy among conservative leaders can do to a great nation. Will GOP and conservative elites respond before it’s too late?