Joe Biden just arrested Donald Trump for a second time.
But Biden got some bad news.
And Joe Biden’s new indictment against Trump collapsed because of this hidden fact.
Anti-Trump special counsel Jack Smith massively overreached with his bogus indictment of Donald Trump in the January 6 witch hunt.
As soon as the courts unsealed the indictment it was obvious to anyone that this indictment was the product of left-wing fever dreams and not grounded in actual concepts of law, precedent, or justice.
The first thing observers noticed was the fact that Smith did not charge Trump with inciting an insurrection despite a two-year smear campaign by Liz Cheney, the media, and the Democrat Party to gaslight the American people into believing the falsehood that Donald Trump ignited a rebellion with his speech at the rally before the joint session of Congress on January 6.
We’ve been breathlessly told for two years that Trump “incited an insurrection” on January 6, and yet Trump was not charged under the one federal statute that explicitly criminalizes “inciting… any rebellion or insurrection” pic.twitter.com/YO6pumJA9B
— Michael Tracey (@mtracey) August 1, 2023
But in his remarks about the indictment Smith did try to trick the public into thinking he did charge Trump with inciting a riot with his comments where he blamed Trump for the riot.
“The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy,” Smith ranted. “Since [then], the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment, and our investigation of other individuals continues.”
Former federal prosecutor Andrew McCarthy blasted these comments as “demagogic.”
McCarthy also ripped the substance of the indictment calling the charges “weak” and an attempt by Smith to turn the Democrats’ failed impeachment process after January 6 into a criminal case by criminalizing a political dispute.
“This was as weak as it was foretold to be,” McCarthy explained to Fox News. “You see a lot of deceitful conduct, but the problem I think Jack Smith has is that Congress has not enacted statutes that directly criminalize the behavior that Smith is talking about. But what he has to do is distort statutes in order to try and pigeonhole the behavior into them…The statutes on the books now are vague, and otherwise Congress hasn’t criminalized that.”
George Washington Law Professor Jonathan Turley warned that Smith’s indictment was the biggest criminal assault on the First Amendment anyone could ever remember.
“Special Counsel Jack Smith just issued the first criminal indictment of alleged disinformation in my view. If you take a red pen to all of the material presumptively protected by the First Amendment, you can reduce much of the indictment to haiku,” Turley posted on social media.
The January 6 witch hunt was always a political dispute masquerading as a criminal investigation.
None of the statutes on the books covered Trump’s conduct so Smith had to twist laws dating back to the Reconstruction period following the Civil War to invent a crime that previously never existed.
And it took legal scholars and experts about two minutes to expose Smith’s indictment as the Democrat Party fan fiction that it really is.
Unfortunately, this indictment also carries a massive threat to the ability of Americans to engage in political speech and activism because now prosecutors can throw them in jail if the Democrat Party says they are wrong in their beliefs.
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