Let’s revisit the recent charges filed by Special Counsel Jack Smith against former President Trump. This move shouldn’t come as a surprise given the creative ways anti-Trump lawyers have been using legal language. Smith, who previously indicted Trump over the classified documents scandal, has now introduced new charges related to the events of January 6.
The indictment brought forth by Smith includes four accusations against the 45th president:
1. Conspiracy to Defraud the United States
2. Conspiracy to Obstruct an Official Proceeding
3. Obstruction of and Attempt to Obstruct an Official Proceeding
4. Conspiracy Against Rights
However, some critics, like Wall Street Journal’s Kimberley Strassel, have raised concerns about the indictment’s untested legal theories and potential double standards within the Department of Justice. Strassel argues that the heart of Smith’s case rests on a certain degree of political naivete.
Renowned Harvard Law School professor emeritus, Alan Dershowitz, has pointed out a critical omission from the indictment. Smith’s failure to include a key portion of Trump’s speech on January 6 could ironically open up the possibility of charges against Smith himself based on the “fraud” standard. Dershowitz notes that this omission misrepresents the context of Trump’s speech, where he emphasized a peaceful and patriotic demonstration at the Capitol building.
Dershowitz argues that the act of omitting vital information can be as detrimental as providing false information under the law. The deliberate repetition of the same error made by House impeachment managers suggests a calculated move, considering these phrases were pivotal during Trump’s Senate trial. Trump’s legal team even highlighted Democrats using similar “fight” rhetoric to underscore its commonplace usage.
As the legal battle unfolds, it’s apparent that Trump and his legal team cannot afford to ignore the situation. Despite their desire for extended trials, there’s a looming fourth indictment from Georgia that cannot be disregarded. Trump’s approach to this legal situation could significantly impact his chances of securing the GOP nomination in 2024. Democrats, too, are watching closely, aiming to exploit any perceived weaknesses in Trump’s position. Yet, recent developments in the emerging Biden bribery scandal have added new dimensions to the political landscape, altering the equations in play.
