George Washington University law professor Jonathan Turley said Tuesday that many of the indictments against special counsel Jack Smith are “protected speech” under the First Amendment.
Smith secured four indictments against Trump in connection with his efforts to challenge the 2020 election results. Trump was ordered to appear before a federal judge on Thursday. (Related: Fox Legal Analyst Jack Smith Calls ‘Partisan’ Special Counsel, Says He’s Already ‘Made Up’ About Trump)
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“There is very little visible in this indictment. “When you put a red pen through what is protected by the First Amendment, much of it turns into haiku. It’s unfair in some ways, repeating many of the allegations in the state.The article quotes President Trump’s speech encouraging people to go to the Capitol, but the January 6 Commission and Likewise, the part where President Trump said ‘we should go peacefully’ is omitted.”
“Frankly, I think it’s a mistake,” Turley added. “Because hiding the ball about something like that undermines credibility.”
President Trump announced on July 18 that he had received a letter from the Justice Department stating that Smith was under investigation for the Jan. 6, 2021 Capitol Riot.
“The most offensive thing about this indictment is that it’s basically just accusing him of misinformation. This is a misinformation indictment,” Turley said. “It says you spread lies and undermined electoral rights, but that’s all part of the First Amendment to the U.S. Constitution, and I think the courts will look at it with skepticism.”
“He may have a fair deal with a Washington, DC jury, and maybe a Washington, DC judge,” Turley continued. “He’s going to have more trouble in court. This reminds me of something like the McDowell case where he sued the governor of Virginia and was convicted and then unanimously overturned by the Supreme Court. “
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