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Jack Smith’s Prosecution Of Trump Has A Major First Amendment Problem, Legal Experts Say

Legal experts reacted Tuesday to the third indictment of former President Donald Trump, sounding alarm bells about how his indictment against allegations of trying to overturn prosecutors in the 2020 election will protect speech. .

Trump was indicted on Tuesday with one count of conspiracy to defraud the United States, one count of conspiracy to obstruct process, one count of conspiracy against rights, and one count of obstruction and attempted obstruction of process. according to up to prosecution. Legal experts said the charges were based on First Amendment protected speech.

Jonathan Turley, a law professor at George Washington University, said Smith had filed “the first criminal complaint for alleged misinformation.” “If you red-pen all the content that you think is protected by the First Amendment, you can reduce much of the prosecution to haiku,” he said. “I felt the Mar-a-Lago indictment was strong. This is the opposite.”

Turley also told Fox News that the indictment was “unfair in some respects” and “cited President Trump’s speech encouraging people to go to the Capitol, but the commissioners on Jan. 6 As with the meeting, the part where Trump says ‘you should go’ is omitted.” Peacefully. ”

The indictment states that Trump “like all Americans, had the right to speak publicly about the election and even falsely claim that there was rigging that swayed the outcome of the election and that he won.” but later said “again”. He pursued illegal means of overturning election results by discounting legitimate votes. ”

Kurt Schlichter, Lawyer and Town Hall Columnist called The indictment is “45 pages of First Amendment protected activities.” “This is a 45-page compilation of First Amendment protected activities, separated by four captions listing non-applicable conspiracy charges,” he tweeted. “It’s not a conspiracy to use free speech to join the political system, however much our country’s garbage elite would like it to be.” (Related article: ‘Turn it into a haiku’: Jonathan Turley says much of Trump’s Jan. 6 indictment was ‘protected speech’)

Former New York federal prosecutor Andy McCarthy said Mr Smith needed to expand the law to catch Mr Trump’s actions. “[Smith] In an attempt to capture this act, these statues were lavishly elongated. Because this speaks for their failure to succeed in impeachment, which they left to the criminal justice system for what should have been a political impeachment process. ‘ said McCarthy.

“If you have evidence that Trump committed sedition, please file a sedition charge,” he said, adding, “I don’t pray for them to do that.”

Constitutional Attorney Robert Burns tweeted The indictment “criminally defends the law, criminalizes defense of Congress, criminalizes defense of the courts, and criminalizes defense of the public, thereby unprecedentedly exposing the core freedoms of the First Amendment to the United States Constitution.” threatening.”

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