Part of our core mission? Exposing the Left's blatant hypocrisy. Help us continue the fight and support the 2023 Year-End Campaign now.

August 4, 2023

Jack Smith’s Jan. 6 Indictments Are an Attack on Political Speech

Just as there was no special set of rules that could keep Trump in the White House in 2020, there shouldn’t be an exclusive set of rules to keep him out, either.

If recklessly lying to voters were a crime, most everyone in D.C. would be serving life in solitary confinement at Supermax. But in a liberal democracy, as frustrating as it often is, political misconduct is settled by voters and elections, not partisan prosecutors or rioters.

Feel free to campaign and vote against Donald Trump if you like. I’m certainly no fan. If Trump wins in 2024, Congress can impeach and remove him if they choose. But just as there was no special set of rules that could keep Trump in the White House in 2020, there shouldn’t be an exclusive set of rules to keep him out, either.

Yet Special Counsel Jack Smith’s indictments over Jan. 6 read like a political oppo document cobbled together by some partisan House staffers who perfunctorily tacked on the last-minute novel legal reasoning.

Though numerous commentators who have an aversion to Trump have pointed out the weakness of the indictments, it’s quite telling how little media-approved historians and legal “experts” even bother defending the underlying legal case. Trump is evil, a threat to “democracy,” and really what else is there to discuss? In the Trump-addled politics of our age, it is virtually impossible for either side to compartmentalize the process and the person if that person happens to be Trump.

In this case, the precedent would criminalize and chill political speech. People keep assuring me the indictments aren’t really about the expression but rather about defrauding the government. Sorry, the entire case is predicated on the things Trump said or believed or didn’t say or didn’t believe. All of it should be protected under the First Amendment. “Spreading lies” — prosecutors leaned on the thesaurus hard, finding about two dozen ways of repeating this fact — or entertaining theories offered by crackpot lawyers, or trying to convince faithless electors to do things that people have been trying to convince faithless electors to do for a long time, are all unethical, not criminal.

Nowhere do the indictments come anywhere in the vicinity of making the case that Trump incited “imminent lawless action” on Jan 6. At least no more than, say, the entire Democratic Party had a hand in inciting the 2020 Black Lives Matter riots — the most destructive in American history. This is a dangerous road to go down.

Yes, Trump’s Mar-a-Lago classified documents case is an exercise in the selective use of power for political ends, but it has a basis in law and recent precedent. (Not for Hillary Clinton or Joe Biden, but for others.) This, however, isn’t about mere double standards anymore.

When, in 2000, the Supreme Court finally stopped Al Gore’s conspiracy to overturn the outcome of the presidential election, no serious person contemplated throwing him or his lackeys in prison. Since that time, Democrats haven’t only been lying about elections, they have tried to stop the certification of every national election as well.

When they fail, people like Adam Schiff will use a DNC political oppo document to concoct a conspiracy, illegally leaking classified documents — in carefully curated snippets to mislead the country — to overturn the will of the American voter. This effort also resulted in expensive investigations that defrauded the American people.

The point isn’t that we should imprison Gore — or Stacey Abrams or Hillary Clinton or Ron Klain or John Kerry or Bennie Thompson or Barbara Lee or Maxine Waters or Raul Grijalva or James Clyburn or Ed Markey or Nancy Pelosi, or many others who have tried in various ways to challenge election results in the past. It’s to say that Trump’s actions laid out in the indictments aren’t crimes, either.

Perhaps Smith doesn’t really expect Trump to end up in prison over any of these indictments. As his foray into the partisan prosecution of former Virginia Gov. Bob McDonnell, overturned 8-0 by the Supreme Court, this case is grounded on a “boundless” reading of statute. The law isn’t the point. The point is likely to make Jan. 6 — and hysterical claims about American democracy’s near demise — the centerpiece of the 2024 election.

Granted, allowing Joe Biden’s record to be the central issue of that 2024 campaign is potentially disastrous for Democrats. These indictments, however, create a deterioration of law that Americans will have to live with long after the next presidential election.


Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.