Jack Smith s Siren call prosecution: Can he convict Trump for being lured by bad lawyers advice? | The Hill

It is also not clear that these attorneys would implicate Trump if called. They could prove more damaging to other defendants such as Rudy Giuliani, or they could still prove harmful to the prosecution s overall theory. They secured no jail deals, but only agreed to testify truthfully. Some, like Ellis, may now have animus but lack evidence against Trump in establishing a conspiracy or racketeering claim.

Both the federal and state prosecutions are premised on the claim that Trump never believed what he was saying about a stolen election. If Trump actually did believe he had viable claims in the courts or Congress, the prosecutions would collapse. Even Smith admits that Trump s early election claims were protected political speech, but at some point became a criminal conspiracy when Trump had to know that his claims were baseless.

The most dangerous aspect to the federal indictment is that Smith leaves the line entirely undefined for future cases. If Trump crossed the Rubicon into criminal conduct in his election claims, Smith should be able to point to the river on the map. Instead, Smith offers no limiting principle on when election claims move from the sensational to the criminal. 

via thehill.com

Jonathan Turley.