"Smith admits that politicians are protected in making false statements but then says Trump can be prosecuted because he failed to yield to the truth," Turley said."While Smith could still flip witnesses or offer new evidence, this was a 'speaking indictment' that said little."
"Now, Jack Smith wants to criminalize the act of contesting an election through the courts and by lobbying legislators,"Although some argue that Trump has a strong First Amendment defense, others say that nothing in the indictment uses speech that the former president made over social media or at press conferences as evidence of the charges, but rather the actions he took to validate his election fraud claims.
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