WHAT IS LAWFARE?
"Lawfare"
is a term used to describe the strategic use of legal systems and
principles as a means to achieve a political or military objective.
Legal firms, particularly those aligned with political interests, have
used various techniques to engage in lawfare. Here are three common
techniques:
1. Strategic Litigation (Targeted Lawsuits)
Description:
Legal firms file lawsuits against political opponents or entities
associated with them, often not with the primary goal of winning in
court, but rather to drain resources, cause public embarrassment, or
stall their activities.
Example Tactics:
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Filing defamation suits to suppress criticism or dissent.
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Initiating ethics complaints or investigations to damage credibility.
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Challenging ballot access to prevent opponents from running for office.
2. Weaponizing Regulatory or Investigative Bodies
Description:
Law firms leverage legal complaints or procedural filings to prompt
investigations by regulatory agencies, ethics boards, or law
enforcement, putting political opponents under legal scrutiny—even if
no wrongdoing is ultimately found.
Example Tactics:
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Filing FEC (Federal Election Commission) or SEC complaints to trigger probes.
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Alleging campaign finance violations to create negative media coverage.
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Using open records or FOIA requests to generate politically damaging disclosures.
3. Legal Intimidation and Chilling Effects
Description:
By threatening legal action—such as cease-and-desist letters, SLAPP
(Strategic Lawsuit Against Public Participation) suits, or
copyright/trademark claims—law firms can deter critics, whistleblowers,
or media outlets from speaking out against their clients.
Example Tactics:
-
Sending preemptive legal threats to journalists or activists.
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Exploiting intellectual property law to suppress political satire or commentary.
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Suing for invasion of privacy or emotional distress based on public reporting.
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