August 19, 2023
The Corrupt DoJ has Charged Trump with a Fake Crime
By Sean Ross Callaghan
“It’s like murdering babies!”
So said one lawyer defending the latest federal indictment of President Trump against the charge that it seeks to throw Trump in jail for exercising his First Amendment rights. Many legal experts argue that an indictment for criminal conspiracy cannot just be about First Amendment-protected activity. Others argue that a conspiracy may include all sorts of legally protected activity, like purchasing knives or driving to the scene of a crime, but conspiracy to murder babies is a crime because murder is a crime.
The anti-indictment experts are right. The others miss the point.
First, the legal basics: a standard criminal conspiracy comprises two parts: (1) an agreement among conspirators (2) to accomplish a criminal object. For any conspirator to be liable for a criminal conspiracy, at least one must also (3) commit an “overt act” -- that is, do something -- for the purpose of accomplishing the criminal end. The overt act need not be a crime in itself, and the criminal object need not ever have been accomplished.
You can’t be indicted without specific facts alleged. You can’t be sent to trial on an indictment that just says “you violated such and such federal law.” The indictment must say how. So a conspiracy indictment must do more than merely list a provision of a criminal statute as the object of a conspiracy. It must identify a specific result intended by the conspirators that is a crime.
more
https://www.americanthinker.com/articles/2023/08/the_corrupt_doj_has_charged_trump_with_a_fake_crime.html
