DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)

[Cardigan]

@Palo_Verde

“When you look at this indictment, it doesn’t really say much other than President Trump was exercising his right to talk about the issues and advocate politically for his belief that the election was stolen and was improperly run. He got advice from counsel — very, very wise and learned counsel — on a variety of constitutional and legal issues. So, it’s a very straightforward defense that he had every right to advocate for a position that he believed in and his supporters believed in.”

Trump’s attorney can attempt to make that argument but it won’t fly. Smith anticipated and preempts 1st Amendment arguments right at the beginning of the indictment where he said the Defendant has the Constitutional right to lie about winning the election, but makes clear he’s not being charged for speech, but rather, for his actions.