Jack Smith was supposedly going to follow the law. He was supposedly going to uncover the facts, provide the evidence, and then indict for actual crimes. That was the pitch.
Instead, on Tuesday, special counsel Jack Smith announced a series of criminal charges that don’t meet even the most basic scrutiny. In indicting President Trump for activities related to the 2020 election and January 6, Smith essentially presented an op-ed on why Donald Trump was a Bad Orange Man during the period between November 3, 2020 and January 6, 2021 – why Trump’s activities were effectively an incitement to riot and insurrection – and then charged neither incitement nor insurrection. He didn’t charge those crimes because he didn’t have the evidence for those crimes.
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