It is perhaps the most important indictment ever handed down to safeguard American democracy and the rule of law in any U.S. court against anyone.

The indictment against former President Donald Trump for his role in attempting to overturn the 2020 election results is the most important case in U.S. history, according to the author. The indictment alleges that Trump conspired to make false claims of election fraud and used those claims in an attempt to steal the election through pressuring state officials and interfering with Congress’ certification of the electoral votes. If convicted, it would deter future would-be authoritarians from attempting to subvert elections. However, Trump may argue that he honestly believed the election was stolen, and assert First Amendment defenses. Still, the risks of not prosecuting Trump for undermining democracy are greater than the risks of prosecution. The outcome of this case will greatly influence whether the U.S. remains a democracy after 2024.

  • JCPhoenix@beehaw.orgM
    10·
    1 year ago

    Yup. It literally says in the indictment (PDF) that Trump, like anyone else, has freedom of speech.

    The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely,that there had been outcome-determinative fraud during the election andthat he had won . He was also entitled to formally challenge the results ofthe election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the Defendant did pursue these methods of contesting the election results. His efforts to change the outcome in any state through recounts , audits,or legal challenges were uniformly unsuccessful.

    But of course, FNC and their ilk won’t pay attention to that. They won’t even read the indictment.