Turley questions Trump’s case: Smith would trample First Amendment to convict.
Attorney and law professor Jonathan Turley Raises Concerns About Trump’s Indictment
In an op-ed published on Saturday by The Hill, attorney and law professor Jonathan Turley expressed serious legal concerns about the indictment of former President Donald Trump in relation to the January 6, 2021, Capitol riot. Turley warned that this indictment poses a threat to the First Amendment by granting the government unprecedented power to criminalize false statements.
Turley pointed out that Trump was not charged with inciting violence or insurrection, but rather for spreading false claims about election fraud. He argued that in order to secure convictions for this, Special Counsel Jack Smith would need to disregard not only the First Amendment but also existing case law that protects even false statements.
According to Turley, the government insists that Trump must have known his statements were false and engaged in fraudulent behavior to obstruct or challenge electoral results. However, Turley highlighted a problem with this argument – if Trump genuinely believed he did not lose the election, the indictment collapses. Turley also noted that many people, including himself, tried to convince Trump that his stolen election claims were false, but he chose to listen to a small group of lawyers who assured him of massive election fraud.
Turley emphasized that Trump, like any individual, has the freedom to seek out “enablers” who tell him what he wants to hear. He pointed out that even President Joe Biden has done this, citing an executive order on an eviction moratorium that was later blocked by the Supreme Court. Turley also mentioned Democrats, such as Hillary Clinton and Jamie Raskin, who made false claims about Trump’s 2016 election victory but were protected by the Constitution.
Even if Trump knew his claims were false, Turley argued that it would still be controversial to link his statements to the actions of those who challenged the election. He referenced the Supreme Court case United States v. Alvarez, which ruled that it is unconstitutional to criminalize lies. Turley concluded by stating that the constitutional claims in this indictment should be addressed by the courts before proceeding further.
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