Red State Prosecutors Won’t Touch Biden, Corrupt Dems

Why? It's Called Survival.

Today, we will witness our gallant forty-fifth president criminally booked and humiliated in a fashion that leaves the rule of law in tatters and the Left ecstatic and hyperventilating.  Let us use this teachable moment to take a good look around and ask ourselves how we ended up with a justice system befitting, in the words of President Trump, a “Third World nation.”

The Republican leaders and conservative celebrities who were supposed to help and protect us from such growing injustice have failed.  Most are armchair warriors who have not fought the vicious culture-war battles in any sort of situation where they risk losing personally anything of major value.  In fact, no small number have carefully prospered from their work.

So when such people blithely argue that red-state prosecutors should even the score with Manhattan District Attorney Alvin Bragg and the Democrats by prosecuting blue-state politicians such as President Joe Biden, former House Speaker Nancy Pelosi and others, we must call a timeout.  More than that, we must be on high alert to yet another self-serving distraction by Conservative, Inc. and the people in their thrall.

The Left, which has functional control over the legal system, will trash any such criminal cases and destroy the career of any red-state prosecutor who dares bring such a case. 

How do we know this?  First, elected conservative prosecutors who’ve recently brought corruption cases against major establishment politicians of either party—and even given them the kid-glove treatment—have faced political and professional slaughter.  Second, mindful of this recent history, no elected red-state prosecutor in America will be courageous enough to accept willingly the economic, professional and social consequences that such an action will require.  And it’s unreasonable to expect otherwise.

Popping a Trial Balloon

After the news of the Trump indictment leaked, a number of conservative opinion leaders floated this trial balloon of red-state retaliation.  Ned Ryun, the Founder and CEO of American Majority, urged such a response on “Tucker Carlson Tonight” the evening that news broke of the Trump indictment.  He asked:

The question that I have is, are red state AGs and DAs prepared to wage this war of lawfare?...And I don't want to hear, ‘This is icky, we are better than that.’

Echoing these sentiments were others such as Tom Fitton, President of Judicial Watch.  Fitton said:

All bets are off.  You can expect grand jury indictments of leftist politicians like Biden, [former House Speaker Nancy] Pelosi and [Senate Majority Leader Chuck] Schumer as surely as night follows day . . . You can be sure that there are prosecutors across Florida and Texas right now who are looking for a state law hook into the Biden family.  And if they’re not, they’re not doing their jobs.

This is big talk, certainly.  Yet what you won’t find in any of this coverage is a single red-state prosecutor willing to endorse these legal theories on the record.  Even more scant will be someone who actually files such a case.

Such rhetoric, quite simply, comes from people who have done well from the safety of conservative commentary and activism, but lack experience in fending off the legal demons that would be summoned should a red-state prosecutor follow such exhortations.  In fairness to Ryun, he was essentially brainstorming with Carlson right after the bombshell news broke of the Trump indictment rather than aggressively pushing such a remedy.  Fitton’s comments egging on prosecutors into professional oblivion are harder to defend.

Ryun and Fitton are very effective at political organizing and public-records litigation, respectively.  But neither has been an elected conservative prosecutor facing down these leftist giants with everything on the line.  Indeed, when the leftist State Bar came after me in Arizona, Judicial Watch was not exactly valiant; they filed a public-records request related to the litigation and privately commiserated, but then quietly slipped away once the big guns started booming.

Red-state prosecutors know that in recent years, the legal system has tilted decisively in favor of the Left.  Should these prosecutors take up such legal arms, they will lose their careers, face financial sanctions, and even incur criminal investigation—just like Trump—from the Biden Justice Department.  I speak with some authority on the matter.

Let’s set aside the issue of prosecutions for a moment.  Red-state prosecutors won’t even enforce civil employer-sanctions laws to fight illegal immigration.  I’m the only prosecutor who ever did, even though these efforts helped put to flight much of Arizona’s illegal-immigrant population.

For that matter, attorneys in Arizona are so intimidated by the legal Left that MAGA politicians in the state struggle to retain qualified counsel to represent them in election litigation.  They have excellent reason to be worried.  Besides the precedent of what happened to me, practically every attorney who has tried to fight the electoral shenanigans in 2020 or 2022 in the Grand Canyon State has been financially sanctioned and threatened with disbarment (including Harvard Law Professor Alan Dershowitz).

Red-state prosecutors who sally forth with indictments of powerful blue-state leaders will quickly find themselves in the gunsights of leftist State Bar investigators and prosecutors, well-heeled civil-rights organizations, and others bringing federal cases challenging the indictments.  Eventually, these federal cases will block state or local investigations or prosecutions from moving forward on trumped-up grounds and generate sanctions against the prosecutors for good measure.

Expecting prosecutors to make such enormous, life-altering sacrifices is unreasonable, especially when there is no support network for those whose careers are claimed.  And we’ve certainly not seen sacrifices of this magnitude from the people inciting such conduct from the sidelines.

My Own Trial Balloon (Apologies to Kris Kobach)

Don’t believe me?  Here’s a trial balloon I’ll float in response to the one I’m rebutting.  Kris Kobach, the newly elected Attorney General of Kansas, is arguably the most prominent conservative prosecutor in America today.  While in private practice, Kobach wrote the initial briefs in our first round of immigration-law litigation when I was Maricopa County Attorney.  He’s a good and brave man and I’ve been delighted to see his political rise in the years since.

But as courageous and smart as Kobach is, I’ll challenge anybody to contact his office and ask if he intends to prosecute Biden or Pelosi in response to the Trump indictment in New York.  For that matter, will he even publicly pledge to open a criminal investigation?

I predict he won’t, for at least two obvious reasons.  First, his Republican predecessor in that office, conservative Kansas Attorney General Phil Kline, lost his law license merely for attempting to investigate, in manifest good faith, the abortion clinics in Kansas.  A God-fearing man just as decent and well-intentioned as Kobach, Kline remains essentially disbarred because of the resulting bogus lawfare attacks.

Second, Kobach already has been given a leftist shot across the bow.  While Kobach was Kansas Secretary of State, a federal judge who didn’t like his conservative work on the state’s voter ID laws ordered him to undergo “legal ethics” training.  This ridiculous humiliation, which damaged Kobach’s career (as was undoubtedly intended), surely left its mark on the unfairly denigrated Yale Law graduate.  The legal Left in Kansas has an itchy trigger finger and has shown it’s not afraid to fire at will.

When the leftist State Bar came after me in Arizona, Judicial Watch was not exactly valiant. They filed a public-records request and privately sympathized but quietly slipped away once the big guns started booming.

In America today, prosecution is a one-way partisan street as surely as the justice system is two-tiered—discriminatory in both senses against patriots and their public champions. 

We must learn from the decades of broken promises and distractions by the establishment and be realistic going forward.  The commentators airing these unreasonable battle plans were AWOL when the legal system was being decisively slanted against patriots in Arizona, Kansas and nationally, focusing instead on their own pet projects.  Will they now at least accept responsibility for ignoring this brewing systemic crisis while some of us were fighting it?

To the point, we on the Right have been misled by our own leaders for so long that we are simply out of time.  We can’t afford to entertain fairy tales about red-state prosecutors riding to the rescue.  We must focus on the long, hard but essential work of removing corruption from our legal system.  That means reforming the law schools, state bars, and court system now.  That can be done at the federal and state level. That is how we eventually win.  But—it is not exciting.  It will take time.

For prosecutors, the battle will require bravery from those gutsy few willing to undertake this mission. Those who are canceled and lose their careers in the line of duty deserve public praise and tangible support, not just a private pat on the back.

Meanwhile, if we continue to be distracted by such bombast and fantasies, we’ll soon be seeing President Biden in his second term, President Trump in prison, and the same gang of GOP politicians, commentators and organizers offering self-serving promises to fix everything with another “red wave” election—this time, in 2026.  By then, the chains being forged for our wrists will be close to completion.