It was inevitable. Joe Biden was getting hit with bad news in the press, so the administration indicted Trump again, this time related to his actions following the 2020 election and leading up to January 6, 2021.
Trump is accused of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. It’s all a bunch of garbage, and even as the liberal talking heads ooh and ahh over it, experts will tell you just how weak this latest indictment is.
“Special Counsel Jack Smith just issued the first criminal indictment of alleged disinformation in my view,” George Washington University Law School professor Jonathan Turley wrote on Twitter. “If you take a red pen to all of the material presumptively protected by the First Amendment, you can reduce much of the indictment to haiku.”
Harvard law professor Alan Dershowitz said he believes this new indictment won’t withstand court scrutiny. Dershowitz participated in a panel discussion of legal experts on Fox News’s Hannity show following the indictment announcement on Tuesday. “I read the indictment very carefully. There is no smoking gun,” he told Sean Hannity. “There is no one who is credibly prepared to testify that Donald Trump said to him, ‘I know personally, I lost the election.’ There’s a lot of evidence people told him he lost the election, but you know Donald Trump and you know he’s gonna make up his own mind, and they’ll have a very hard time proving it. Now, it’s the District of Columbia, 90-some-odd percent of the jury pool will have voted against him. So, they may actually get a conviction from a D.C. jury, but will it survive appellate review and review in the Supreme Court? I don’t think so.”
Fox News legal analyst Gregg Jarrett, also on the panel, was equally unimpressed. “This indictment strikes me as an amateurish joke. Frankly, Jack Smith, the special counsel, should be indicted for stupidity. It’s that bad,” he said. “But he has this disreputable habit of bringing politically-driven prosecutions by contorting the law and mangling the evidence. And these four counts are the definition of a stretch — it’s a Gumby indictment. Conspiracy to defraud the government because Trump challenged certification of electors on January 6? Well, he’s entitled to do that under the electoral count act. Democrats did the same thing in 2016, and in prior elections. Nor is it a crime to claim the election was stolen, which Hillary Clinton and Nancy Pelosi alleged four years earlier.”
Jarrett continued, “And the, the main point is, if Donald Trump truly believed he won, even if he was wrong about it, and he used the legal process to contest the outcome as the law clearly permits, that is not election fraud. And then Smith tosses in [an] obstruction charge, conspiracy charge — those [are] redundant of the first charge, and the exact same defense applies. So, you know, this is a junk indictment, and it’s politically motivated.”
Related: Special Counsel Jack Smith Has Done the Job He Was Hired To Do
Former acting U.S. Attorney General Matt Whitaker, the third member of the panel, blasted the indictment as well. “I’ve never seen an indictment this messy and sloppy in my life,” he said.
But the most interesting thing about the indictment, Whitaker said, was the admission of Special Counsel Smith that there was fraud in the election. “The thing that is fascinating to me is that Jack Smith admits there was fraud in this last election,” Whitaker explained. “He says essentially, that there wasn’t an outcome-determinative amount of fraud, but there was enough fraud, and so this, this trial, if and when it goes, could have some really interesting evidence on how much fraud is in the American electoral system and, quite frankly, how much fraud are Americans willing to withstand.”
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