https://www.frontpagemag.com/a-never-trump-prosecutor-threatens-free-speech/
The indictment of Donald Trump for speaking out against the results of the 2020 election, and in the words of the indictment, fomenting “a conspiracy to defraud the United States,” has been challenged by legal commentators from both political parties. These jurists consider the prosecutor’s “novel legal theories” dubious or even preposterous, not to mention unconstitutional. If successful, this politicization of the legal system that attacks one candidate for the presidency and benefits the other, carries with it a huge moral hazard.
Democrat legal scholar Jonathan Turley has identified this risk: “The hatred for Trump is so all-encompassing that legal experts on the political left have ignored the chilling implications of this indictment. This complaint is based largely on statements that are protected under the First Amendment. It would eviscerate free speech and could allow the government to arrest those who are accused of spreading disinformation in elections.”
This corruption of First Amendment law––one already judged unconstitutional in several Supreme Court decisions–– will further empower significantly the already growing threats to free speech. “Woke” Dems for decades have been weakening this foundation of every free government and society. But if Trump’s political enemies can treat the ex-president this way with impunity, then we all will be further down the road to tyranny.
Part of sketchy federal prosecutor Jack Smith’s shambolic reasoning is the charge that Trump “lied” about the integrity of the 2020 election. That Trump is a serial liar is a NeverTrump cliché, reflecting his enemies’ inability or indifference to distinguish rhetorical hyperbole, a feature of political speech since ancient Athens, from a willful lie. As Salena Zito memorably said, when Trump uses such exaggerations, “the press takes him literally, but not seriously; his supporters take him seriously, but not literally.”
Moreover, how does Smith determine that Trump knew he was lying? As Kimberley Strassel writes, “But how do you prove legally that Trump truly didn’t believe his false claims? And even if you can prove that Trump lied, how do you legally distinguish his falsehoods from the lies other political leaders have told over the years?”
As Strassel explains Smith’s argument, though Trump has a First Amendment right to lie, “Yet if that politician is advised by others that his comments are untruthful and nonetheless uses them to justify acts that undermine government ‘function,’ he is guilty of a conspiracy to defraud the country. Dishonest politicians who act on dubious legal claims? There aren’t enough prisons to hold them all.”