Opinion by Ruth Marcus: The former president wasn’t indicted for what he said. He was indicted for what he did.
Corporate executives accused of defrauding investors by making false statements engage in speech, but that does not immunize them. Same for those who engage in insider trading or a conspiracy to fix prices.Or, to bring things closer to home, if Trump at a rally encouraged his supporters to beat up a protester, that would not prevent him from being sued or even criminally charged.
“If you honestly and sincerely believe that the U.S. currency system is unlawful, then you have a right to go around and tell everybody they have a right to print their own money,” he observed. “But the moment you start printing your own money and putting it into traffic you are engaged in counterfeiting.”
by the Jan. 6 select committee, one that is not contained in this week’s indictment involves aiding and abetting the insurrection and giving aid and comfort to insurrectionists — the charge that edges most closely into the province of speech.
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