Lawyer: Jack Smith 'has the entire law wrong'

Jack Smith (Video screenshot)

By Harold Hutchison
Daily Caller News Foundation

An attorney for former President Donald Trump said Thursday that Trump’s defense will use a “very simple” strategy should charges over the 2020 election be brought to trial.

Trump pleaded not guilty to all charges during his Thursday arraignment after Special Counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. Smith previously secured a 37-count indictment against Trump in June based on an investigation into allegations surrounding classified documents.

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“The legal strategy in this case I think is very simple: You attack the facts that Jack Smith put out that are wrong for instance, Jack Smith claiming, as you already pointed out, that Donald Trump did anything other than call for peace and patriotism on January 6th is wrong,” attorney Jesse Binnall told Fox News host Jesse Watters Thursday evening. “And then you attack the law, because Jack Smith has the entire law in this case wrong, and more importantly, he is ignoring the Constitution of the United States.”

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“Here is how: The First Amendment gives you the right to speech, something that Jack Smith’s prosecutors are completely ignoring, but more than that, it also gives you the right to petition Congress for redress of grievances,” Binnall continued. “And in this case, when you are saying there was fraud in the election, there are problems in the election and we think you should seat electors X, instead of electors Y, that’s why the first petition clause clearly protects.”

Does Jack Smith have the law wrong?

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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.

“Jack Smith is terrified that Donald Trump is going to be elected again because Jack Smith is actually the one terrified of democracy because democracy would bring accountability for him and quite honestly his out-of-control prosecutors in an out of control Justice Department,” Binnall added.

Trump’s top rivals for the Republican nomination for president in 2024, Republican Gov. Ron DeSantis of Florida, Republican Sen. Tim Scott of South Carolina and businessman Vivek Ramaswamy, all condemned the indictment.

This story originally was published by the Daily Caller News Foundation.

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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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