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The Ten (or so) Most Interesting Lines in the Indictment [1]

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Date: 2023-08-07

The most interesting lines are entitled Count One, Count Two, Count Three and Count Four. But there are others that catch one’s interest, some of which are being talked about…others aren’t so much. Any list of the “best” or “worst” or “most interesting” is, of course, subject to discussion, debate, and, perhaps, some enthusiastic quarrel. That’s what I have in mind. The more we talk about the indictment, the better we understand it. That’s a good thing.

So, here we go….these are in the order in which they appear in the indictment (for the most part) rather than say, “ranked by order of degree of interesting”.

[F]or more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false.

Conservatives are already trotting out the defenses for Trump’s alleged crimes. Foremost among them is the claim that it’s not a crime if Trump really, honestly believed that he had won the election. According to those repeating this specious defense, it’s going to be impossible to prove whether Trump believed his own words or not.

What are the chances Jack Smith would have included this statement if he wasn’t 100% certain he could prove them in court? The question answers itself.

The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely ,that there had been outcome-determinative fraud during the election and that he had won.

Another common defense we’re already seeing from Trump’s defenders: “Smith is criminalizing free speech!”

In his wisdom, Smith smacks this lame gambit down on the second page. Yes, the First Amendment protects Trump’s right to lie to the public as often and as vociferously as he likes. But that’s not what he’s being indicted for.

The federal government function by which the results of the election for President of the United States are collected , counted, and certified was established through the Constitution and the Electoral Count Act (ECA), a federal law enacted in 1887.

So, in the end, what law or laws did Trump break? Where’s the legislation that makes what he did a crime? Why, it’s this act, passed more than a century ago, and designed to thwart the very wrongdoing that Trump and his accomplices engaged in.

Maybe I’m naïve but I have a notion that answering the claim that “He didn’t do anything wrong!” with “That’s not what the Electoral Count Act of 1887 says,” is going to feel good, even if it doesn’t change any minds.

This federal government function from the point of ascertainment to the certification is foundational to the United States democratic process, and until 2021, had operated in a peaceful and orderly manner for more than 130 years.

Smith lets his anger at what Trump and his co-conspirators tried to pull off show through here. There are a few other places Smith displays his indignation but this is the first and, perhaps, best example. It’s how a real patriot talks.

With respect to the persistent false claim regarding State Farm Arena, on December 8, the Senior Campaign Advisor wrote in an email, When our research and campaign legal team can't back up any of the claims made by our Elite Strike Force Legal Team, you can see why we're 0-32 on our cases. I'll Obviously hustle to help on all fronts, but it's tough to own any of this when it's all just conspiracy shit beamed down from the mothership .

There are a number of examples Smith provides that indicate everyone involved in the conspiracy knew that their plan depended on lies. I picked this one because I never expected to see the word “shit” in a formal indictment.

[H]e cited two election workers by name… Thereafter, the two election workers received numerous death threats.

Threatening the lives of anyone working on behalf of the law and our democracy has become the primary right wing method for intimidating school board members, election workers, government staff and officials, peace officers, and any one else who fights fascism. Smith recognizes this. I’m glad he took the trouble to insert it into the indictment.

.the Defendant calmly agreed, stating “Yeah, you're right, it's too late for us. We're going to give that to the next guy.”

Trump knew that the gig was up.

The Vice President responded that he thought there was no constitutional basis for such authority and that it was improper. In response, the Defendant told the Vice President, “You're too honest”.

Trump knew that what he was doing was criminal.

…the Senior Advisor told Co-Conspirator 2, “You're going to cause riots in the streets.” Co-Conspirator 2 responded that there had previously been points in the nation's history where violence was necessary to protect the republic.

This one is scary (and parallels another statement by the co-conspirators indicating willingness to use the Insurrection Act to bring the military in play to support their crimes). It speaks to the willingness of the right wing to stir up violence, no matter who might get hurt, to carry out their crimes.

OK, one more…

During the meeting, as reflected in the Vice President's contemporaneous notes…

Wait…what? There are “contemporaneous notes” from the Vice President? The January 6 Committee didn’t have access to any such notes…where did Smith get these? Very interesting, no?

So, there you are. I wouldn’t want anyone to view this as a summary of the indictment. All of you need to read it in its entirety. It’s a long-ish read, yes, and full of detail as to just what went down. But the right wing will be counting on our not knowing what’s actually in it as they spew their misinformation and outright lies. Don’t let them get away with it.

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