Former Federal Prosecutor: Trump Has No Credible First Amendment Defense

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Former Federal Prosecutor: Trump Has No Credible First Amendment Defense
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Trump indicted on charges of defrauding US, inciting the Capitol riot, and pressuring state officials to alter election results. The most serious charge carries 20 yrs in prison.

Well, Dennis, let’s begin there. Why? Can you respond to the significance of this indictment and what these four counts are all about?The significance relates to the fact that this is an indictment that will bring about not just the trial of the century but the trial of all American history. This is an indictment about lies to disenfranchise the American people and about a man who would be king. We fought a War of Independence in 1776 to 1783 to prevent that.

His comments, that you read and others that have come out from the campaign, leaving aside the outrage of degrading the experience of people in the Holocaust or others who have suffered in comparison to his legitimate prosecution, remind us that the strategy he’s going to pursue, which is always to take fair accusations against him and throw them against his opponents.

In terms of the political ramifications, you know, we’ll have to see. I think for the hardcore base of support for Trump, there is, as he once said, literally nothing he could do that would shake their belief in him. And in fact, every effort to hold him accountable becomes part of the story of how he’s aggrieved, attacked and deserves more support. That hardcore base of support, though, is only a portion of the party and only a smaller portion of the country.

That said, three quick points on the politics. First, political votes can only take so much water. There’s an accumulating effect. Second, unlike national security documents in the Mar-a-Lago case, Americans witnessed the insurrection on January 6th. They witnessed, as you referred to earlier, Amy, or Jack Smith did in his statement, the assault on Capitol police defending our Constitution. That makes a huge difference. And last, you see over time the accumulating effect.

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