Politics can sometimes be full of unethical and dishonest actions, but not all of them are illegal, especially in a country that upholds the First Amendment. Unfortunately, it seems that Joe Biden’s Department of Justice has forgotten this important distinction. The indictment of Donald Trump by federal special prosecutor Jack Smith raises some concerning issues. Smith previously indicted Trump in Florida over classified documents held at Mar-a-Lago, and now he has charged him in D.C. with a conspiracy to defraud the federal government and obstruct federal proceedings.
According to the legal theory presented in the indictment, Trump allegedly attempted to obstruct the peaceful counting of votes and deprive Americans of their right to vote by overturning the election results. The indictment implicates six unindicted co-conspirators, which include Rudy Giuliani, Sidney Powell, Jeffrey Clark, and John Eastman. Trump’s actions primarily focused on persuading political actors such as state legislatures, the vice president, and Congress to overturn the popular vote results in states like Georgia, Arizona, Pennsylvania, and Wisconsin. His efforts involved alternative slates of presidential electors, pushing Mike Pence to reject state electors, and inciting the January 6 mob to intimidate Pence.
Rudy Giuliani has also been named as an alleged co-conspirator in Smith’s case. It is important to note that Trump engaged in a variety of unethical and dishonest acts, and the Senate should have convicted him in his impeachment trial. However, we should remember that crimes are supposed to be based on the law, and it is not clear if any laws were actually broken in this case. The indictment accuses Trump and his confederates of lying to legislatures about election fraud, spreading misinformation to the public, and smearing election officials. While these actions are certainly reprehensible, they are unfortunately common in the realm of politics.
The indictment further alleges that Trump influenced electors to cast votes that might not be counted unless recognized by a court or government body. Trump also attempted to pressure the Georgia secretary of state into declaring thousands of votes as fraudulent. However, in none of these instances were any individuals deceived, which poses a legal challenge for the indictment. Moreover, the indictment claims that Trump propagated absurd interpretations of the Constitution. Although Joe Biden may not agree with these theories, they should not be grounds for criminal charges.
Additionally, the indictment asserts that Trump tried to manipulate the Justice Department through Jeffrey Clark to make baseless charges and intimidate states. One wonders if Attorney General Merrick Garland had any reservations about labeling such actions as criminal. Furthermore, the indictment states that Trump knowingly spread false information about the 2020 election being stolen, which contributed to the riot at the Capitol on January 6. While this is undoubtedly true, the Supreme Court has set a high bar for convictions in cases of incitement, requiring direct incitement of “imminent lawless action” since the landmark decision in Brandenburg v. Ohio in 1969.
Finally, the indictment accuses Trump of signing a false verification in an election lawsuit, which could potentially be a crime. However, Smith has not charged Trump with separate perjury or lying to a court. This raises questions about the omission and whether the multitude of charges against Trump is intended to overshadow such details. Regardless, in a nation governed by laws, the rules must be upheld, even when it concerns someone like Donald Trump.
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