Jack Smith’s Corruption of the Justice System
An indictment filled with lies of commission and omission.

Trump’s Third Indictment Is Ludicrous
George Parry, a former federal and state prosecutor.

The case should be dismissed for failure to state an offense.

Under the brave new theory of criminal liability set forth in the e******n conspiracy indictment of former President Donald Trump, former Vice President Al Gore and the members, advisers, and lawyers of his 2000 p**********l campaign belong in prison. The same goes for actor Martin Sheen and other Hollywood celebrities for their actions in the wake of the 2016 e******n.

Let me explain.

The indictment, filed Tuesday, charges three counts of conspiracy and one substantive count of obstruction related to an alleged effort to overturn the outcome of the 2020 e******n. The indictment avers that this effort was based on “dishonesty, fraud, and deceit” because Trump and his unindicted co-conspirators knew that their claims of e******n f***d were untrue.

The indictment magnanimously allows that Trump “had a right, like every American, to speak publicly about the e******n and even to claim, falsely, that there had been outcome-determinative fraud during the e******n and that he had won.”

But Trump supposedly violated the law by acting on those false claims. He and his co-conspirators allegedly became felons by urging state officials to search for v***r f***d, proposing substitute e*****rs in swing states, and attempting to persuade then–Vice President Mike Pence that he could legally refuse to count certain e*******l v**es when he presided over the E*******l College on J*** 6.

Although the indictment acknowledges that none of these efforts were successful, it nevertheless avers that they constituted “three criminal conspiracies,” to wit:

A conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the p**********l e******n are collected, counted, and certified….

A conspiracy to corruptly obstruct and impede the J****** 6 congressional proceeding at which the collected results of the p**********l e******n are counted and certified….

A conspiracy against the right to v**e and to have one’s v**e counted.

To put it mildly, this indictment stretches the law of conspiracy to the breaking point and beyond. It effectively criminalizes constitutionally protected political discourse and e******n challenges.

While the indictment specifies Trump’s alleged deceptions, it fails to describe any actions that constitute criminal fraud. Under federal law, fraud is a scheme or plan to swindle victims — including the United States — out of money or tangible property. Trump’s alleged lies to change the outcome of the e******n may be many things, but they do not establish a legally cognizable criminal fraud.

As for the alleged conspiracy to “corruptly obstruct and impede” the J*** 6 E*******l College v**e count — where is the legally recognized criminal corruption? Trump and his lawyer co-conspirators considered, advocated, and acted on many controversial and highly questionable legal theories regarding the use of alternative slates of e*****rs, but where is the law that says that acting on such theories is legally corrupt? And where does the criminalization of such behavior leave otherwise legally protected political speech and the right to challenge official actions?

And then there is the alleged conspiracy against the right to v**e and to have one’s v**e counted. This is based on the theory that Trump tried to nullify the v**es of swing-state v**ers by advocating the use of alternative e*****rs.

But that supposed civil-rights violation is based on 18 U.S.C. Sec. 241, a statute that traces its origins to the post–Civil War Reconstruction era when the Ku Klux Klan committed acts of force, terrorism, and violence to discourage b****s from v****g. Indeed, one alternative provision in that statute outlaws two or more persons going “in disguise [read KKK masks and robes] on the highway, or on the premises of another, with intent to prevent to hinder his/her free exercise or enjoyment of any right” such as the right to v**e.

In short, the application of this statute to Trump seems to be a stretch too far.

Finally, Trump is charged with one substantive count of obstructing the proceedings of the E*******l College on J*** 6. This is despite the fact that he has not been charged with instigating the Capitol Hill r**t that delayed the e*******l v**e count.

So where does this lead, and what does it portend? If this legal theory is allowed to stand, then a politically partisan prosecutor could criminally charge anyone mounting a future e******n challenge. All it would take would be for the prosecutor to allege that the challenge was undertaken in bad faith.

The danger to free speech and the chilling effect on the willingness of candidates to seek public office can’t be overstated. The damage to our already onerous politics and e******neering would be incalculable.

Consider, for example, the 2000 p**********l e******n and the Supreme Court case of Bush v. Gore. Recall that the e******n’s outcome hinged on the narrow margin of victory in Florida. In that case, candidate Al Gore refused to concede the e******n and demanded a recount limited to heavily Democrat counties in Florida. It was anticipated that this would find additional v**es for Gore.

From a legal, ethical, and commonsense standpoint, Gore’s proposal was utterly dishonest and unfair. He and his lawyers had to have known that what they were advocating was underhanded and fraudulent. Nevertheless, in and out of court, they kept fighting for this one-sided recount until the Supreme Court mandated a statewide recount in all counties that included Republican as well as Democrat strongholds.

So, under the theory of the Trump indictment, wouldn’t Gore and his team be criminally prosecuted?

Similarly, recall that in the wake of the 2016 e******n, actor Martin Sheen and other celebrities appeared in television ads urging e*****rs from states carried by Trump not to v**e for him in the E*******l College. Applying the Trump indictment’s legal standards, shouldn’t these celebrities be prosecuted for conspiring to deprive Trump’s supporters of the right to have their v**es counted? (READ MORE: Did a H****r B***n Lawyer Break the Law in a Really Bizarre Way?)

These are but two examples of where the expansive legal theory underlying the charges against Trump can take us.

Given the ludicrous and outrageous nature of the indictment, I expect that Trump’s legal team will promptly move to dismiss the charges for failure to state an offense. That will set in motion years of litigation and appeals. But, even if Trump ultimately prevails in having the charges dismissed, the political and financial damage will have been done.

For, in our system of criminal justice, the process is the punishment.

Oh geez flakes,, trump is the biggest loser, perhaps in the world.. look at how much his birth accident gave him and he has squandered nearly all of it.. even the billions Putin sent him seem to have evaporated.. gosh how much can one person lose even in a life time and I am only addressing the last few years.

If you are one of those who cling to others for security, you had best run like hell, his ultimate fate seems to extend to those who put out for him.. long before the scales of justice swing to him...