It would seem, with three indictments in the past four months, that Democrats really want to send Donald Trump to jail. However, appearances can be deceiving.
The truth is, the left doesn’t really care if the GOP frontrunner ever sees the inside of a prison cell or dons his signature color, orange.
The only thing the left wants to do is remove the large, boisterous obstacle that is preventing their reign of power, no matter what democratic processes, or laws, need to be overturned.
Politics Masquerading as Law
Former federal prosecutor Andy McCarthy stated in an interview with the Morning Wire news podcast that the latest Donald Trump indictment is “as weak as it was foretold to be.”
Jack Smith’s most recent go at Donald Trump includes four criminal charges: conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing a congressional proceeding and conspiracy against rights in connection with what prosecutors allege was a plan to overturn the results of the 2020 presidential election.
McCarthy argued during an interview on the Morning Wire news podcast that the charges against Donald Trump for misconduct during the 2020 election is “nothing more than politics masquerading as law masquerading on politics.”
He explained his comment by saying Trump’s third criminal indictment arose out of the failure of the “political system to hold Donald Trump accountable the way the Constitution intends, which is by impeachment, and the criminal justice system is an inept substitute for that.”
He continued, “having failed to impeach him they are now trying to do it by other means and the means they’ve chosen is the criminal justice system.”
In other words, the DOJ is using the law to resolve a political accusation because the political means they tried didn’t resolve the issue the way they had hoped. The issue being Donald Trump.
In another interview with Fox News, McCarthy stated Smith is trying to “distort statutes in order to try to pigeonhole (Trump’s) behavior into them.”
“The timing of all this and the way the indictment is structured demonstrates that what they really want to accomplish is to try to push the case to trial and then get a bunch of evidence mainly about the Capitol riot, even though it’s not charged as a crime in the indictment … they want to get that in a public trial in the stretch run of the campaigns so that they can have January 6th imagery in the electorate’s mind as it goes to the polls.”
McCarthy continued that the charges brought by special prosecutor Jack Smith are so weak, that even with a Washington D.C. jury, it will be difficult to prove Donald Trump guilty.
Donald Trump and a First Amendment Defense
Much of Trump’s defense will likely be grounded in the First Amendment arguments.
McCarthy argued that Smith will have a difficult time to prove what Trump claimed regarding fraud and the 2020 election was knowingly false. Anyone who listened to or continues to listen to Donald Trump attest that the election was stolen from him knows beyond the shadow of a doubt that he believes the words that come out of his mouth.
“Most of this indictment – I’d say at least 90% of it – is politically protected speech. You’re allowed to engage in aggressive speech, in obnoxious speech, and even in false speech. What you can’t do is incite violence and he’s not charged with that. So really what this is, is a criminalization of the electoral process or the campaign process,” said McCarthy.
Of course, the 45th president agrees. Donald Trump has denied any wrongdoing, while also slamming the case as politically motivated.
As always with the Biden administration, the ends justify the means. As far as they’re concerned, they’ve done their job as long as Donald Trump is not sitting at 1600 Pennsylvania Avenue come 2025.
Jennifer Galardi is the politics and culture editor and opinion writer for 19FortyFive.com. She has a Master’s in Public Policy from Pepperdine University and produces and hosts the podcast Connection with conversations that address health, culture, politics, and policy. In a previous life, she wrote for publications in the health, fitness, and nutrition space. In addition, her pieces have been published in the Epoch Times and Pepperdine Policy Review. You can follow her on Instagram and Twitter.
