What is Lawfare?

The difference between lawyering and practicing lawfare

I will be traveling the next two Saturdays, so I will be having guest posts on Eye on the Evidence.

This week is a post from my friend and fellow heath freedom fighter, Tom Renz. Please enjoy his article and support his work.

Photo by Melinda Gimpel on Unsplash

Attorneys, much like doctors tend to specialize in one of a number of areas. Some specialize in case types - criminal defense, medical malpractice, various types of torts, etc. - others specialize in areas of the law - evidence, procedure, litigation, appellate work, etc. - and yet others are simply generalists. There is simply more law than anyone can know well so specializing allows you to excel beyond what most generalists can do in any given area but also limits the areas that you can work in. For my part, I have chosen to create a new niche area of the law to focus in and that is the focus of this article.

My focus as an attorney is on lawfare. Lawfare, as I define it, is quite different than the lawfare discussed in the media. The media characterizes lawfare as filing numerous cases that border on being unethical for the very unethical purpose of bankrupting the target. I find this repugnant, worse than unethical, and probably illegal so I define lawfare quite differently.

Lawfare, as I define and practice, is about facilitating change.

The origin of lawfare, as I define it, stemmed from the issues we faced at the beginning of COVID-19. When people came to me to fight mask mandates, lockdowns, vax mandates, etc., they all wanted me to sue someone. They did not know who or what I’d sue for, but they were sure their rights were being violated in some way.

While the law may or may not agree with people’s perceptions of their rights, I certainly understood people finding the actions our government was taking as being wildly inappropriate and unacceptable. So, very early on, I stepped back and asked myself what type of lawsuit would “fix” the problems we were facing with COVID. 

As an attorney, I understand how to use the law in the courts, but I also understand that the courts are not the place to change law. I understand that a court may be useful in limiting overreach or misuse of a law; it may be used to challenge an interpretation of the law, but a court cannot create or alter existing law that is Constitutionally implemented. As such, I recognized that while many or most of the actions taken by the government regarding COVID-19 were wildly unconstitutional (in my view), some were simply terrible laws and needed to be changed legislatively. 

So what to do? Enter a new concept - lawfare.

Lawfare is the use of strategic litigation, political pressure, and support of well-crafted legislation, and the activation of We the People to facilitate change. All of this must be 100% ethical, legal, and above board, and all must work together to disrupt and/or facilitate change in our nation, society, or industry.

This is what I have chosen to specialize in and can be broken down this way:

1. Legal: Our focus in legal practice is on the use of ethical and strategic litigation to facilitate disruption and change under the law. The courts are not the place to change the law but there are many uses for litigation where laws have been misinterpreted or where justice needs to be sought to make change. Lawfare cases are NOT unethical cases filed without purpose to punish someone in the court or financially. Lawfare cases, as we define them, are ethical and just cases designed to ensure justice or the proper interpretation of the law.

2. Political: Most change under our Constitution starts in the political arena. We understand that arena and are happy to use the carrot or the stick. While we prefer working with our elected officials, when they are corrupt or refuse to stand for what is right we are more than willing to use the tools we have to go after them. Our Constitution and freedoms are worth fighting for and that means we need to make sure there is a political price to pay if an elected official refuses to stand for them. The other side of that coin is that we want to make sure the good guys get credit for their work. Legislation should be simple and concise. We can help with legislation by supporting elected officials who are doing the right thing. 

3. PR/Public Activation: We work to bring and activate the public and ensure that We the People know what our elected officials are doing and why they are doing it. We also try to ensure people can see and understand why litigation is important and how it could impact their rights. We cannot and would not try and provide “legal advice” to the public, but feel it is important for people to understand the impact of law on their lives. It is our strong belief that doing so promotes integrity in legislation and litigation (plus the First Amendment covers this). The foundation of our work with the public is to be 100% honest and keep integrity at the center of what we do. If we fail to do that, We the People will not trust us the next time we share info.

Within the realm of litigation and specialization, we have areas we focus on as well, but a substantial amount of our work is in supporting other lawyers. There are a lot of solid litigators out there but we are pretty unique in our ability to develop or supplement litigation strategies - particularly when there are also public relations and political goals. My focus is using what I do to make our nation better but our work is quite useful for disrupting industries, promoting causes, etc. So while we do quite well in the courts, we are incredibly good at disrupting the plans of bad guys by using multi-layered strategies.

If you’re wondering whether it works, below are screenshots of the scrubbed plans from the CDC to essentially implement FEMA camps all over the country. As you may have noticed, this did not happen - and it wasn’t because of the poison death jabs. Further, the jab mandates went away, and so did Fauci. Plus, President Trump now has Bobby Kennedy coming in to his cabinet. It certainly was not all my team, but we absolutely had a big impact there and in other places/causes. 

The CDC Plan to “FEMA Camp” America

We’ve used lawfare in a lot of places and I enjoy fighting to make our country better. At this point, I do practice traditional law in the courts (I’m licensed up through the Sixth Circuit and the Supreme Court of the United States) and with business clients, but lawfare is what I love.

If you are MAGA and want us to help you to develop and launch a lawfare initiative feel free to reach out. If you have lawyers good at litigating, we are happy to assist in making what you and they do a lawfare initiative if it fits. Understand lawfare will typically include all three parts - litigation, a legislative push, and PR and all three must be fit together seamlessly.

We can assist in any of those areas, but when we use them together, they become a truly powerful and unified agent of disruption or change. 

The other side of that is please do not bother calling if:

• You are a lawyer and want free promotional work for your case.

• You just want to be famous.

• You are promoting a cause that is against what I stand for (disrupting an industry is fine in many cases, but no leftist nonsense).

• You want me to do magic with no funding

  • (This work has high overhead and is expensive for me to do even if I make zero. I have a charity - www.forgodfamilycountry.org and you can reach out there if you have an unfunded cause or want to support us in our other work).

• You are not all in on your fight.

If you want to reach out to us about lawfare, please email media@TomRenz.com. 

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