Jack Smith isn't arguing the 1st Amendment in Trump's indictment ...
he's not arguing Trump can't talk in public about a conspiracy to subvert election laws. Jack Smith is arguing that Trump conspired to subvert election laws (the underlying basis). That's the crime. He's arguing Trump knew he lost the election but still tried to subvert election laws ... thus defrauding the US. He's not charged for public speech that incited an insurrection at The Capitol.
[Post edited by Blah at 08/04/2023 2:33PM]
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In response to this post by NJHoo)
Posted: 08/04/2023 at 2:26PM