A former federal prosecutor said Wednesday that the case against former President Donald Trump over the 2020 election was “very tenuous.”
Special Counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election after he previously secured a 37-count indictment against Trump in June based on an investigation into allegations surrounding classified documents. Trump will be arraigned on the charges Aug. 3 at a federal courthouse in Washington, D.C.
“I think a lot of people are probably surprised that there was not a charge directly related to the insurrection and to the inciting of violence on that day,” Katie Cherkasky told “CNN News Central” host Jim Sciutto. “But I think big picture here, we would really be remiss to not talk about the jurisdiction of this case from a criminal prosecutorial standpoint.”
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“So there’s been a lot of discussion about the facts, and I think that Donald Trump obviously has some defenses that he’s going to raise, First Amendment-wise, attorney-client privilege-wise, but ultimately this case is unprecedented in terms of the constitutionality of it, and I think that is something that is really going to be potentially a showstopper,” Cherkasky continued. “So while his conduct may be very well condemnable, the idea of a criminal prosecution here I think is very tenuous.”
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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“There is a very, very dangerous indictment, dangerous to the First Amendment and also dangerous to the Sixth Amendment because it directly goes after Trump’s lawyers, names them as unindicted coconspirators without giving their names, basically says they’re criminals for giving him advice how to challenge the election,” Dershowitz told Fox Business host Larry Kudlow Wednesday.
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IMPORTANT NOTE: To their horror, America’s ruling elites failed to knock out Donald Trump during his four years as president via the fabricated Trump-Russia collusion scandal – conceived and funded by the Hillary Clinton campaign, as the Durham report proves – or through two circus-like impeachment trials. Later came “January 6,” a demonstration-turned-riot by Trump supporters who passionately believed, with good reason, that the recent election – and therefore their country – had just been stolen from them. Members of Congress now want to constitutionally bar Trump from again seeking public office for having instigated “an armed insurrection” (no protester was armed) against America.
Then in March, Trump was indicted in New York on 34 counts of falsifying business records, and in June, still more indictments were filed against Trump – 37 federal criminal charges related to his handling of classified documents. Honest legal experts not in league with the Biden administration openly classify these indictments as somewhere between frivolous and idiotic, not to mention grotesquely politically motivated.
The Deep State’s never-ending persecution of Donald Trump, as well as the incredible back story of the totalitarian agenda Trump’s persecutors are attempting to implement in America and why Trump represents a mortal threat to their nefarious designs – is the focus of the blockbuster July issue of WND’s critically acclaimed monthly Whistleblower magazine, titled “THE PERSECUTION OF DONALD TRUMP: Why the ruling elites loathe – and fear – the 45th president.”
WHISTLEBLOWER is available in both the popular print edition and a state-of-the-art digital version, either single issues or discounted annual subscriptions.
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