The Theory Behind Jack Smith’s Trump Prosecution Could Have Wider Consequences
Alexander Muse – Special Prosecutor Jack Smith’s deposition is not merely a postmortem of a failed prosecution. It is a rare window into a legal theory that, if normalized, would fundamentally reorder the relationship between political speech and criminal law in the United States.
The danger is not confined to Donald Trump, nor even to elections. The danger lies in a prosecutorial framework that treats dissenting political narratives as criminal fraud once the state decides the speaker knew better. That framework is incompatible with the First Amendment, with American constitutional tradition, and with democratic self-government. Continue reading →