Jack Smith's Operation as Evidence That Partisan 'Lawfare' Is Escalating and Must Be Systemically Countered
Source: Hans Mahncke. "The Jack Smith Operation Shows Lawfare Will Only Get Worse." October 2, 2026. thefederalist.com
The Gist
The author argues that politically motivated legal attacks against conservatives—what he calls 'lawfare'—have been getting progressively worse, from a fake news story in 2004 to the sprawling Jack Smith investigation that spied on journalists and donors. He says that because nobody responsible for these abuses has faced real consequences, and because conservatives haven't built organizations to fight back systematically, things will only get worse unless there's accountability and better defensive infrastructure.
Conclusion
Lawfare (the weaponization of legal and investigative power against political opponents) has escalated dramatically in sophistication and scope over the past two decades, and without building institutional capacity and accountability mechanisms to counter it, future operations will be even worse.
Premises
- The Jack Smith investigation into Trump involved extensive intrusions: secret seizure of phone records from Republican lawmakers, review of texts from 44 members of Congress, subpoenas on 430+ Republican individuals/entities, surveillance of nearly 50 journalists, and seizure of 4,782 donor checks exposing personal financial information.
- This represents an escalation from the 2004 Dan Rather/60 Minutes hoax against Bush, which involved fabricated evidence and media collaboration but did not use state investigative/prosecutorial power against the target.
- Russiagate (2016) marked the next evolution, combining fabricated narratives (Steele dossier, Alfa Bank story) with actual deployment of FBI/CIA investigative machinery, surveillance warrants, and a special counsel against Trump and his associates.
- The Jack Smith operation 'multiplied the viciousness, reach, and breadth' of the Russiagate playbook, extending targeting to ordinary citizens who merely made legal political donations.
- Despite the scale of abuses across these episodes, almost no one has been held accountable—only Kevin Clinesmith faced minor consequences, while figures like Comey, Brennan, and Smith faced none, and media participants have faced no consequences (unlike Dan Rather in 2004).
- Conservatives have not yet built the institutions, infrastructure, legal capacity, or strategic framework needed to expose and counter lawfare systemically, instead fighting it piecemeal case by case.
- The pattern of escalation without accountability signals that the next lawfare operation will be more sophisticated and ruthless, especially given the narrowing window before the 2026 midterms or 2029.
Assumptions
- The characterized events (Russiagate, Jack Smith's investigation) were primarily politically motivated 'lawfare' rather than legitimate law enforcement responses to actual wrongdoing.
- A linear escalation pattern across three selected events (2004, 2016, present) reliably predicts future escalation.
- Lack of criminal prosecution of figures like Comey, Brennan, and Smith is itself evidence of systemic failure rather than insufficient legal basis for charges.
- The investigative measures described (subpoenas, surveillance, donor record checks) were abusive rather than routine/lawful techniques used in a legitimate special counsel investigation.
- Conservative institutions are the primary or sole targets of 'lawfare,' implying a partisan asymmetry in how legal power is wielded.
- Building 'institutions and legal capacity' to counter lawfare would effectively prevent or deter future abuses.