The Legislative and Executive Branches MUST Check the Judicial Branch

Author’s Note: This is the second edition of an article I originally published in May of 2023. I’ve updated some details.

The world witnessed the destructive power of lawfare with the political targeting of then-presidential-candidate Donald Trump. But I was targeted by lawfare starting in 2020 and began using the term well before it came into common parlance. Since early 2023, I’ve written over two dozen highly researched articles on the topic, warning the nation about this incredibly dangerous strategy of Unrestricted Warfare that the Chinese Communist Party has used to weaponize the U.S. Department of Justice and our court system, down to state and city levels.

For decades every American schoolkid watched Schoolhouse Rock, and learned about how the Constitutional Republic they swore allegiance to every day secures “Liberty and Justice for all.” The framers of the U.S. Constitution divided our government into three branches as a safeguard of the People’s rights.

America’s own legal system has been used by the Chinese Communist Party (CCP) as a weapon of war.

One of those branches is riddled with decay and needs to be pruned back: The Judicial Branch. The term “lawfare” is becoming more and more common because our legal system has been weaponized against the very people it was intended to protect. Justice is no longer blind; it’s now interpreted through the lens of politically motivated partisan judges.

America’s own legal system has been infiltrated and influenced by the Chinese Communist Party CCP) as a weapon of war against conservative Americans from President Trump, down to everyday citizens.

“Unable or unwilling to challenge other states militarily, states and non-state actors use legal strategies to weaken the enemy’s legitimacy,” according to a 2021 Cornell Law Review article. “Such ‘lawfare’ can be used to achieve a kinetic objective, to forestall one, to degrade the enemy’s will to fight, and to shape the narrative of war.” The article goes on to state that, “China is now the world’s leading practitioner of lawfare. The Chinese military prioritizes lawfare as one of the “Three Warfares” that shape its military’s influence operations.”

The obvious starting point in America’s lawfare response is to clean up and reform the judicial system, and that is the Constitutional responsibility of Congress.

Just as troubling is the fact that, “Meanwhile, the U.S. has no similar lawfare doctrine or strategy, even as China forces it to fight back,” but the U.S. “needs to develop a lawfare strategy.”

The obvious starting point in America’s lawfare response is to clean up and reform the judicial system, and that is the Constitutional responsibility of Congress. I previously wrote that, “We certainly cannot rely on the current Executive Branch to provide that check, when congressional investigations are revealing the that the moniker “China Joe” is apropos.” However, now that President Trump once again occupies the Oval Office, the legislative and executive branches can, and must, work together to ensure our Justice System is purged of malign influence and set back on the path of true Justice.

Here are three things Congress must do now to curtail lawfare:

1. Formally investigate those who targeted American citizens, political figures and allies through the weaponized justice system. We cannot allow those who abused the Rule of Law to go unpunished—not only those who targeted President Trump and other prominent public figures—but also those who weaponized the government against dissenting school parents, peaceful protestors, and those who they labeled as “election deniers.” We believe in “Liberty and Justice for ALL,” not just those at the top. A special commission akin to DOGE could identify victims of lawfare between 2019-2025, investigate their cases, and determine who merits restitution.

“A conspiracy is in plain view,” writes Matt Plumbo, “involving high-ranking DOJ officials, a sitting U.S. President, and an Attorney General, executed by American traitors who have the best interest of Beijing at heart…”

Are Prosecutors working on behalf of the CCP to carry out warfare on the United States, just as planned?

Not only did SDNY prosecutors admit in court in front of a federal judge that they had “worked a lot with China,” On April 6, 2023, the U.S. District Court for the Eastern District of New York unsealed a criminal complaint charging 34 agents of the People’s Republic of China (PRC) in a transnational repression scheme to silence and harass Chinese dissidents. Prosecutors have been working on behalf of the CCP to carry out warfare on the United States, just as planned in the PLA’s handbook, Unrestricted Warfare. Various forms of lawfare are part of a litany of non-kinetic warfare methods:

Aside from what we have discussed above, we can point out a number of other means and methods used to fight a non-military war, some of which already exist and some of which may exist in the future. Such means and methods include psychological warfare (spreading rumors to intimidate the enemy and break down his will); smuggling warfare (throwing markets into confusion and attacking economic order); media warfare (manipulating what people see and hear in order to lead public opinion along); drug warfare (obtaining sudden and huge illicit profits by spreading disaster in other countries); network warfare (venturing out in secret and concealing one’s identity in a type of warfare that is virtually impossible to guard against); technological warfare (creating monopolies by setting standards independently); fabrication warfare (presenting a counterfeit appearance of real strength before the eyes of the enemy); resources warfare (grabbing riches by plundering stores of resources); economic aid warfare (bestowing favor in the open and contriving to control matters in secret); cultural warfare (leading cultural trends along in order to assimilate those with different views); and international law warfare (seizing the earliest opportunity to set up regulations), etc., etc.

Another of the CCP’s unlimited warfare tactics has been the infiltration of American schools to indoctrinate our children. Parents represent a threat to communism, and it has always been the goal of regimes like the CCP to take them out of the picture and replace them with the State. To counter this, the U.S. must provide restitution and pardon for every school parent targeted by the DOJ/FBI under the outrageous attempt to portray them as “domestic terrorists.” They were right to speak out, and egregious examples of lawfare against parents (and even students) for exercising their First Amendment rights abound.

Parents were targeted and persecuted with lawfare by their own government. Pardon them. All of them.

House Judiciary Committee ranking member, Jim Jordan wrote a letter to Attorney General Merrick Garland in 2022 accusing the FBI of opening “at least dozens” of investigations into parents and others using the counterterrorism threat tag “in almost every region of the country and relating to all types of educational settings.” Jordan wrote specifically, “Please be assured that Committee Republicans will not let this matter drop.”

Yet, as they wait for Congress to pick the matter back up, a number of parents continue to fight contrived convictions, and some have even spent time in jail simply for speaking out. Parents were targeted and persecuted with lawfare by their own government. Pardon them. All of them.

There is a growing list of cases in which federal courts have determined that federal prosecutors have engaged in serious misconduct.

2. Investigate and prosecute the prosecutors.

There is a “growing list of cases in which federal courts have determined that federal prosecutors have engaged in serious misconduct. Most notably, in the 2020 U.S. v. Nejad decision, the U.S. District Court for the Southern District of New York heavily criticized the government for failing to turn over exculpatory evidence, requiring the entire U.S. Attorney’s Office for the Southern District of New York to read her opinion and referring the prosecutors to the Office of Professional Responsibility for disciplinary review.”

Independent financial podcaster, Zach De Gregorio (“Wolves and Finance”), released a well-researched video on April 2, Is Miles Guo Innocent, providing independent verification of the DOJ cover up of its lawfare on behalf of Xi’s CCP—including financial ties that crush any semblance of impartiality.

The House Judiciary Committee investigation into SDNY prosecutor Alvin Bragg, led by Jim Jordan, is a good start. But the rottenness within our judicial system isn’t centered on one man; it is systemic. Congress needs to conduct a thorough investigation of the DOJ and the Judicial Branch lock, stock, and barrel and bring action against those prosecutors and those colluding with them “engaged in serious misconduct.”

There is corruption in our judicial system and the DOJ has been infiltrated by the CCP. So, why are we looking to the judicial system and the DOJ to fix the problem? Congress, step up and do that Schoolhouse Rock checks and balances thing. We’re all counting on you.

Kelly John Walker is an American statesman, writer, branding professional, and entrepreneur. He is the founder of FreedomTalk, host of FreedomTalk TV, and a freelance writer.

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