Although lawfare has customarily been considered to be an adjunct of and appurtenant to traditional warfare as Colonel Charles Dunlap noted in his seminal paper entitled "Law and Military Interventions: Preserving Humanitarian Values in 21st Conflicts" presented at Humanitarian Challenges in Military Interventions Conference (November 29, 2001).
I have been reflecting upon the two attempted impeachments of President Trump during his first term, and the fallout from the events of 6 January 2021 including the aborted legal case of United States v. Trump. When I consider these events in conjunction with the actions taken against prominent Democrats and other opponents of President Trump since his inauguration in January of 2025; two questions come to my mind immediately.
First, should the definition of lawfare be expanded to encompass such exercises in hyper partisanship regardless of whether they happen internationally or domestically?
Second, the actions taken by President Trump and his Justice Department against prominent members of the Democratic Party who oppose his policies such as Letitia James, Adam Schiff and others constitute an exercise in lawfare? Likewise, did the two failed impeachment attempts during President Trump's first term and the legal consequences arising out of the events that occurred on 6 January 2021 also qualify as an example of lawfare?
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