Joe Biden is determined to use Democrat prosecutors at the state and federal level to help him win the 2024 election by waging lawfare against Donald Trump.
But everyone was in for a big surprise.
Donald Trump learned some big news about criminal charges that he never saw coming.
The meat of Democrat special counsel Jack Smith’s indictment against Trump were a series of charges alleging Trump entered into a criminal conspiracy to challenge the results of the 2020 election based on claims of voter fraud he knew not to be true.
Smith had to manufacture this legal theory out of thin air because there is no law on the books making it illegal for a president to challenge the results of the election.
Harvard Law Professor Alan Dershowitz warned that Smith crossed the Rubicon by criminalizing constitutionally protected speech and political activity.
Smith’s charges were so broad and lacking in limiting principle that Dershowitz told Newsmax that if a judge ruled that Trump’s actions on January 6 were protected under the First Amendment, a Republican administration could turn around and charge Smith with conspiracy to deprive Trump of his constitutional right to free speech.
“You know the worst thing about this indictment, under the terms of this indictment, Jack Smith can be indicted. Let me explain to you why,” Dershowitz explained. “The statute says the following, two or more persons conspire to injure and deny somebody the free exercise or enjoyment of any right or privilege secured him by the Constitution. What if a court ultimately rules that Donald Trump had a right under the First Amendment to make his Jan. 6 speech and to do what he did? Then Jack Smith will have conspired to deny him of that right. That’s how serious this is.”
Dershowitz took apart Smith’s preposterous charge that it was a crime for Trump to falsely claim voter fraud when Dershowitz said Smith left himself open to the exact same charge by knowingly editing Trump’s remarks from January 6 to leave out the part where Trump told his supporters to “peacefully and patriotically” protest at the Capitol.
“Jack Smith … deliberately, willfully and maliciously leaves out the words that President Trump spoke on Jan. 6 in his terrible speech. Which I disagree with, but what he said was, ‘I want you to assemble peacefully and patriotically,’” Dershowitz continued. “Jack [Smith] leaves that out. That is a lie, a lie, an omission lie and if you’re going to indict somebody for telling lies, don’t tell lies in the indictment. If you’re going to indict somebody for denying people their constitutional rights, don’t deny them their constitutional rights by indicting them for free speech. That’s how hypocritical this is.”
Dershowitz concluded that the Supreme Court has established case law on the books protecting Trump’s right to make any claim he wants about the election.
The Harvard Law professor also noted that by naming four of Trump’s lawyers as unindicted co-conspirators Smith attacked Trump’s Sixth Amendment right to legal counsel.
“The Supreme Court has said in an opinion by Chief Justice [William] Rehnquist … under the First Amendment there is no such thing as a false opinion or a false idea. The response to a false idea is the marketplace of ideas or Election Day,” Dershowitz said. “So you’re absolutely right, this is a very, very dangerous indictment, dangerous to the First Amendment and also dangerous to the Sixth Amendment because it directly goes after Trump’s lawyers, names them as unindicted coconspirators without giving their names, but basically says they’re criminals for giving him advice on how to challenge the election.”
Dershowitz worries that the Smith indictment of Trump tramples over the Constitution and criminalizes political opposition to Joe Biden.
The indictment attacking Trump and his lawyers will chill any future dissent from Biden.
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