Treating political opposition as a criminal enterprise creates an existential battle akin to nuclear MAD (Mutually Assured Destruction). It forces each side to escalate when in power, fearing they'll be jailed if they lose, which guarantees the destruction of the political system itself.
A destructive political pattern emerges where one party's well-intentioned but poorly executed policies (e.g., DEI initiatives) are used by the opposition as justification for a disproportionately extreme and damaging 'nuclear' response. This escalatory cycle benefits demagogues and harms effective governance.
Much of government functions on decorum and unwritten rules. When political actors attack these norms—like challenging procedural traditions—it creates a cycle of retribution that destabilizes the entire system more profoundly than any single illegal act could.
Unlike historical conflicts with pitted armies, a contemporary American civil war would manifest as exploding political violence. The key dynamic is that state attempts to suppress this violence would themselves become a primary cause for more violence, creating a dangerous feedback loop seen in conflicts in Algeria, Vietnam, and Syria.
A savvy political strategy involves forcing opponents to publicly address the most extreme statements from their ideological allies. This creates an impossible purity test. No answer is good enough for the fringe, and any attempt to placate them alienates the mainstream, effectively creating a schism that benefits the opposing party.
Legal frameworks to punish 'hate speech' are inherently dangerous because the definition is subjective and politically malleable. Advocating for such laws creates a tool that will inevitably be turned against its creators when political power shifts. The core principle of free speech is protecting even despicable speech to prevent this tyrannical cycle.
Extreme political ideologies, despite appearing opposite, can lead to functionally identical conclusions. The debate over Alcatraz's future illustrates this, where the far-right's desire for a prison functionally mirrors the far-left's proposal for low-income housing, revealing a 'circularity' to political logic.
Using legal attacks against political opponents ("lawfare") is a societal gangrene. It forces the targeted party to retaliate, turning elections into existential battles for survival rather than policy contests. This high-stakes environment creates a powerful incentive to win at any cost, undermining democratic norms.
The indictment of former FBI Director James Comey highlights a strategy where the legal process itself is the punishment. The goal is not to win in court but to intimidate opponents by forcing them into expensive, time-consuming legal battles, creating a chilling effect on dissent regardless of the case's merits.
The best political outcomes emerge when an opposing party acts as a 'red team,' rigorously challenging policy ideas. When one side abandons substantive policy debate, the entire system's ability to solve complex problems degrades because ideas are no longer pressure-tested against honest opposition.
The current political dynamic, where one side consistently forgives norm violations, is unsustainable. Game theory suggests a better strategy is 'tit-for-tat with forgiveness': respond in kind to adversarial actions to establish consequences, but also offer an off-ramp back to cooperation. This is more stable than endless retaliation.