If you haven’t heard the news, President Donald Trump has been indicted for the third time, this time over challenging the 2020 election results. Having reviewed the indictment, I think we’re looking at the same-old, same-old: political prosecutors who want to take Trump down.
But here’s what really concerns me: this case is about whether someone has the right to try all his legal options as long as he tries them in good faith or whether someone should go to prison just because the “experts” believe he was wrong. If it’s the latter, then we can kiss the freedom of speech, the right to petition our government for redress of grievances and trust in our institutions goodbye.
The indictment has four counts, but here’s the heart of the matter. First, the prosecutor believes that Trump was wrong about the election being stolen. Second, the prosecutor believes that Trump knew he was wrong but proceeded anyway. If the prosecutor fails to prove either of those points beyond a reasonable doubt, then Trump walks.
Considering all the evidence out there, I’m still not convinced that illegal voting (not necessarily fraudulent voting, but illegal voting) did not swing the election in Joe Biden’s favor. Look at the case that Texas brought to the Supreme Court. That state made a pretty compelling argument that executive branch officials in four of the swing states changed the voting rules illegally because of COVID and that those votes swung the election for Biden. I tend to think that’s what happened. At the very least, it provides reasonable doubt.
However, what’s even more disturbing is how the prosecutor tries to prove Trump’s intent. One would think he’d have a smoking gun of Trump on camera admitting he knew he was wrong, right? Nope. His argument is basically that Trump knew he was wrong because people kept telling him he was wrong and he didn’t listen.
Hold the phone. Doesn’t anyone else see the danger of going down that road?
This is Alabama, probably the most resistant state to what the so-called “experts” told us during COVID. And what do you know: the more evidence comes out, the more it appears that we were right!
That’s why letting so-called experts dictate what you think is so dangerous. Yes, let the experts make their case to you and consider what they say. But don’t ever give another sinful human being the right to dictate what you’re going to think!
So in this case, what’s the logical outcome of holding that Trump should go to prison because he didn’t believe the experts that the prosecutor believed?
Thinking for yourself becomes criminal.
Speaking what you believe becomes criminal.
And making your legal case in good faith becomes criminal.
That is completely unacceptable in the United States.
Now don’t get me wrong: Not all the theories on the 2020 election are necessarily created equal. I think Texas made an excellent case, and it was a shame the Supreme Court didn’t take it. I also think if the states believed the election outcomes weren’t legitimate, they could have called a special session to address the problem since the Electoral College is ultimately an agent of the states. All of these solutions are undoubtedly stronger than calling on Mike Pence to send the election results back. That constitutional argument was weak, but there was still enough evidence based on the 12th Amendment to make that argument in good faith.
For freedom to work, people must be free to make weak arguments as long as they can make them in good faith. The solution to weak arguments is to reject them, not to imprison the people who argue them.
This prosecution of Trump is not only wrong and likely doomed to failure, but it will do nothing except create more mistrust among those who are already distrusting the government. Even CNN reported that about one-third of Americans believe that the election was stolen. Even if that’s incorrect, exacerbating a serious mistrust of the system among over 100 million Americans is a foolish move. When those 100 million Americans look at this case, they’ll believe that if the prosecutor succeeds, then they, too, are in serious danger.
Finally, Trump was impeached for purportedly looking into his rival. The left cried foul. What Biden’s Justice Department is now doing is 10 times worse, and we hear nary a peep from the same crowd. The hypocrisy is astounding.
Let us pray that somehow the Justice Department comes to its senses and drops the charges.
Matt Clark is the President of the Alabama Center for Law and Liberty, a conservative nonprofit law firm that fights for limited government, free markets, and strong families in the courts. His column appears every Friday in 1819 News. The opinions expressed in this column are those of the author. The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to Commentary@1819News.com.
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