Attorney and law professor Jonathan Turley raised serious legal questions about Special Counsel Jack Smith’s path to convicting former President <a href="https://www.dailywire.com/news/feds-seek-gag-order-against-trump-after-social-media-post-if-you-go-after-me-im-coming-after-you" target="_blank" rel="noopener">Donald Trump</a>.
In an <a href="https://thehill.com/opinion/criminal-justice/4137650-even-lies-are-protected-speech-new-trump-indictment-bulldozes-the-first-amendment/" target="_blank" rel="noopener">op-ed</a> published Saturday by The Hill, Turley warned that the latest indictment of Trump relating to the January 6, 2021, Capitol riot threatens the First Amendment by giving the government an unprecedented power to criminalize false statements. Trump was indicted earlier this week on four charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights. He pleaded not guilty to all charges.
“Trump was not charged with conspiracy to incite violence or insurrection,” Turley wrote. “Rather, he was charged because he ‘spread lies that there had been outcome-determinative fraud in the election and that he had actually won.’ In order to secure convictions for this, Special Counsel Jack Smith would need to bulldoze through not just the First Amendment but also existing case law holding that even false statements are protected.”
“The government acknowledges that the Constitution protects false statements made in campaigns, but it insists that Trump must have known that his statements were false and therefore was engaged in fraudulent statements to obstruct or challenge electoral results,” Turley continued.
The legal expert noticed one problem, however. “If Trump actually did (or does) believe that he did not lose the election, the indictment collapses,” he wrote, adding that the indictment seeks to show that many people were telling Trump his stolen election claims were false.
“I was one of those voices,” Turley wrote. “Trump did not listen to me, most legal analysts or even his White House counsel. Instead, he listened to a small group of lawyers who assured him that a challenge might succeed and that there was evidence of massive election fraud.”
Trump has the freedom to seek “enablers who tell him what he wants to hear,” the law professor wrote. Turley argued that even President Joe Biden has done this, such as when he issued an executive order on an eviction moratorium based on “a single law professor’s say-so to justify an obviously unconstitutional executive action” that was later blocked by the Supreme Court. Turley also pointed to Democrats, such as Hillary Clinton and Jamie Raskin (D-MD), whose speech was protected by the Constitution when they falsely claimed Trump’s 2016 election victory was illegitimate.
Even if Trump knew the claims he was making were false, it would still be controversial to link his claims to the actions of anyone who challenged the election, according to Turley.
<a href="https://onelink.to/dwapp" target="_blank" rel="noopener noreferrer" aria-describedby="sk-tooltip-9096" data-saferedirecturl="https://www.google.com/url?q=https://onelink.to/dwapp&amp;source=gmail&amp;ust=1690455510071000&amp;usg=AOvVaw0zc8zwWGoXeRzcNJLiJVWI">CLICK HERE TO GET THE DAILYWIRE+ APP</a>
In United States v. Alvarez, the Supreme Court ruled 6-3 that it is unconstitutional to criminalize lies, Turley wrote. The 2012 case involved a politician who knowingly lied about his military decorations, but the high court prevented Congress from criminalizing lies about one’s military service.
“So even assuming that Smith can prove Trump lied, there would still be constitutional barriers to criminalizing his false statements,” Turley wrote. “That is why the threshold constitutional claims in this indictment should be addressed by the courts before it goes forward.”

<script async src="https://www.instagram.com/embed.js"></script>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<script async src="https://www.tiktok.com/embed.js"></script><div data-widget-host="revcontent" data-pub-id="165152" data-widget-id="290588"></div><script src="https://delivery.revcontent.com/165152/290588/widget.js"></script>

Turley Raises Questions About Case Against Trump: Jack Smith ‘Would Need To Bulldoze’ First Amendment To Convict

CONTINUE READING

Taxpayer-Funded Exorcisms? The Medicaid Debate Just Got Wild

WATCH: Footage Shows Engine Fly Off UPS Plane Before Crash Killed 15

Violent Teen Takeover Erupts Inside Chipotle As Officials Promise Parents Won’t Escape Blame

Secret Service Agent, Chinese Security Get Into Standoff During Trump Visit

Drinking Water For Thousands Threatened After Disturbing Discovery Underwater

Police ID Man Hit By Frontier Jet, Reveal Horrifying Final Moments

News

Crime

Donald Trump

Jack Smith

January 6

Jonathan Turley

U.S.

A video goes viral showing a baby being refused his mother by two gay "dads". This is just the tip of the iceberg, which is why we will have an important discussion today about surrogacy. 

Hour 1

The Matt Walsh Show

Ep. 1765 - This Video Is One Of The Worst Things I've Seen In A Long Time 

The Strait of Hormuz officially opens for business (kind of), the Pope makes “shocking” comments on immigration, and President Trump promises UFO disclosure at TPUSA. 


The Michael Knowles Show

Ep. 1956 -  Pope Leo's "SHOCKING" Immigration Comments EXPLAINED

A false miscreed has corrupted our leadership class.


The Andrew Klavan Show

Ep. 1275 - Dumb, Dumber and Progressive

President Trump announces a 10-day ceasefire between Lebanon and Israel, a murder-suicide involving former Democratic Lieutenant Governor Justin Fairfax shakes Virginia, and France and Britain hold a conference to secure the Strait of Hormuz – after the Iranian conflict ends. Get the facts first with Morning Wire.

- - -

Ep. 2738

- - -

Wake up with new Morning Wire merch: https://bit.ly/4lIubt3

- - -

Today's Sponsors:

Alliance Defending Freedom - Visit https://JoinADF.com/WIRE or text 'WIRE' to 83848 to learn more.

Pocket Hose - Text MORNING to 64000 to get a FREE pocket pivot and their 10-pattern sprayer with the purchase of ANY size Copper Head hose. Message and data rates may apply.

Morning Wire

U.S. Expands Hormuz Blockade & VA Fairfax Deaths Investigated | 4.17.26

U.S. Expands Hormuz Blockade & VA Fairfax Deaths Investigated | 4.17.26 [Member Exclusive]

A ceasefire goes into effect between Israel and Lebanon, a tragic murder-suicide rocks Virginia, and Dairy Queen deploys AI in the drive-thru. Get the facts first with Evening Wire.
- - -
Ep. 2737
- - -
Wake up with new Morning Wire merch: https://bit.ly/4lIubt3 
- - -
Today’s Sponsor:

Alliance Defending Freedom - Visit https://JoinADF.com/WIRE or text “WIRE” to 83848 to learn more.


Evening Wire: Lebanon Ceasefire Begins & Murder-Suicide Rocks VA | 4.16.26

The Pendragon Cycle

Menu

— News —

Turley Raises Questions About Case Against Trump: Jack Smith ‘Would Need To Bulldoze’ First Amendment To Convict