A former deputy independent counsel called the charges against former President Donald Trump “very dangerous” Tuesday, saying they labeled “protected political speech” as “criminal activity.”
“What is so disturbing about these two indictments, D.C. and Georgia, is how much traditionally protected political speech is referenced in these indictments and is considered to be part of criminal activity,” Sol Wisenberg told Fox News host Laura Ingraham. Fulton Country District Attorney Fani Willis secured an indictment Monday night charging Trump and other associates over Trump’s efforts to contest the 2020 election results in that state. (RELATED: Laura Ingraham Predicts New Trump Charges Will Guarantee Future Indictments Against ‘Political Opponents’)
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Rudy Giuliani, Eastman, Jenna Ellis and Sidney Powell, who represented Trump during his legal challenges, were among the 19 people charged under the indictment. Willis also indicted Jeffrey Clark, who was an assistant attorney general during Trump’s challenges.
“It’s interesting that you mentioned Jeffrey Clark, and I know this from sources I absolutely trust high inside the Justice Department, during this period after the election, Jeffrey Clark absolutely believed the election was stolen,” Wisenberg said. “Why is that important? It’s important because you have to have a certain level of intent. Throughout this indictment, there are allegations that people knowingly stated lies, stated falsehoods. But, more importantly, in terms of the charges against President Trump, you have got Jeffrey Clark.”
“He’s presidentially appointed. He is confirmed by the Senate. He is head of the civil division of DOJ. He went to Harvard undergrad. He went to Georgetown law school and he is telling the president that the election has been stolen and that the Department of Justice can do something about that,” Wisenberg continued.
Special counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. Legal experts noted that much of the conduct Smith claimed was criminal in the indictment appeared to be protected by the First Amendment.
Harvard University law professor Alan Dershowitz said that the indictment not only attacked the First Amendment, but also Trump’s Sixth Amendment right to counsel.
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