Legal expert Alan Dershowitz believes Special Counsel Jack Smith could be charged with "fraud" after failing to include former President Donald Trump's call for peace during the January 6, 2021, demonstration, Breitbart reported. Smith recently slapped indicted Trump for his supposed role in the ensuing riots.
The charges against Trump include "conspiracy to defraud the United States." Smith also alleges that Trump told his supporters to "fight like hell" on Jan. 6, but he left out the part where Trump made it clear this was to be a protest and not a riot.
"I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard," Trump said in his speech during the "Stop the Steal" rally that day. House Democrats who initiated an impeachment against Trump similarly omitted that part.
Dershowitz, a Harvard Law professor, said Smith could be prosecuted for fraud using his own standard. "Under the indictment itself, Jack Smith could be himself indicted," he said on the "Megyn Kelly Show" podcast Friday.
"He told a direct lie in this indictment. He purported to describe the speech that President Trump made on January 6th," Dershowitz said of Smith.
"And he left out the key words, when President Trump said, ‘I want you to demonstrate peacefully and patriotically. You know, a lie by omission, under the law, can be as serious as a lie by commission," he added.
Smith did not charge Trump with incitement. However, Smith's decision to emphasize the word choice in Trump's speech strongly insinuates that the former president was trying to do just that.
Senate Democrats tried a similar tactic during the impeachment proceedings. They also left out Trump's words that implored his supporters to "peacefully and patriotically" proceed, a fact that is more than coincidence.
In fact, Trump's defense attorneys used clips of Democrats using the word "fight" to undermine their argument. Trump successfully beat the charge of incitement in that case.
This is now the second indictment of Trump stemming from Smith's investigation. Previously, the former president and 2024 candidate pleaded not guilty to more than three dozen charges surrounding the alleged mishandling of classified documents.
The newest set of charges includes counts of conspiracy to obstruct justice, making false statements, and willful retention of national defense information. "The Defendant, Donald J. Trump, was the forty-fifth President of the United States and a candidate for re-election in 2020," Smith said in the recent indictment.
"The Defendant lost the 2020 presidential election. Despite having lost, the Defendant was determined to remain in power," he claimed.
Trump has become the first former president ever to face federal charges. Perhaps it's no coincidence that this is happening while Trump is attempting to run for president once again and is the odds-on favorite to win the GOP nomination.
As the frontrunner for the Republican Party, his opponents have a major incentive to bog him down with legal battles. This effort is a shameful and sad new low, even for the left.