Democrat prosecutor Jack Smith had the full backing of the Deep State and Biden administration in arresting Donald Trump over challenging the 2020 election.
But Smith picked up an unexpected ally along the way.
And you won’t believe which Republican helped Joe Biden arrest Donald Trump.
Former Vice President Mike Pence served as the centerpiece of Smith’s dangerous and legally weak indictment against Trump for contesting the results of the 2020 election.
Smith stretched the bounds of the law to criminalize political speech, political activism, and taking legal advice from lawyers in order to invent criminal conduct on Trump’s part.
In the indictment, Smith cited Trump pressing Mike Pence to reject certified results from the Electoral College on January 6 and send contested votes back to the states.
Pence rejected this advance and told Trump the 12th Amendment to the Constitution provided him no such power.
The lynchpin of Smith’s harebrained legal theory is that Trump knew Pence had no such power and asked him to do it anyway therefore creating a criminal conspiracy to defraud the U.S. government between Trump and the lawyers who advised him on the course of action.
“The Defendant did this first by using knowingly false claims of election fraud to convince the Vice President to accept the Defendant’s fraudulent electors, reject legitimate electoral votes, or send legitimate electoral votes to state legislatures for review rather than count them. When that failed, the Defendant attempted to use a crowd of supporters that he had gathered in Washington, D.C., to pressure the Vice President to fraudulently alter the election results,” the indictment read.
But in 2022 Congress passed the Electoral Count Reform Act which made it clear the vice president had only ceremonial powers in counting the votes of the Electoral College.
Trump’s lawyers may have been wrong in telling Trump that Pence had the right to reject Electoral College votes, but Congress clearly thought there was some ambiguity or else it would not have judged this law as necessary.
That alone provides Trump a solid defense against Smith’s charges that he knew he was asking Pence to do something that Pence had no authority to do.
Smith also used Pence’s notes that Pence took during meetings with Trump as the basis for this sham indictment.
In one section of the indictment Smith claimed Trump knew he lost the election just because other people told him so — of course there is no evidence Trump believed that or doubted his beliefs about what happened.
“During the meeting, as reflected in the Vice President’s contemporaneous notes, the Defendant made knowingly false claims of election fraud, including, ‘Bottom line-won every state by 100,000s of votes’ and ‘We won every state,’ and asked — regarding a claim his senior Justice Department officials previously had told him was false, including as recently as the night before — ‘What about 205,000 votes more in PA than voters?'” the indictment stated.
Mike Pence is asking Republicans to play for him after testifying before Smith’s grand jury, providing documents to Smith so Smith could conjure up an untested and strained legal theory to charge Trump with multiple criminal counts, and then likely will appear as Smith’s star witness at Trump’s trial.
Will conservatives be open to supporting Mike Pence after Pence serves as the number one collaborator with Jack Smith and Joe Biden in an attempt to put the Republican frontrunner in jail?
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