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Dershowitz: Jack Smith Could be Indicted for Fraud for Omitting Trump’s ‘Peaceful’ Statement
Breitbart ^ | 4 Aug 2023 | JOEL B. POLLAK

Posted on 08/05/2023 9:53:49 AM PDT by SoConPubbie

Harvard Law School professor emeritus Alan Dershowitz says that under his own “fraud” standard, Special Counsel Jack Smith could be indicted for omitting a key portion of then-President Donald Trump’s speech in Washington, D.C. on January 6, 2021.

The indictment charges Trump with four counts, including “conspiracy to defraud the United States.” But in a portion recounting Trump’s speech at the “Stop the Steal” rally, Smith repeats the errors made by House Democrats in Trump’s second impeachment trial: he focuses on Trump’s use of the phrase “fight like hell,” and omits a sentence highlighted by Trump’s defense team: “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

Dershowitz told the Megyn Kelly Show podcast on Friday that by his own standard, Smith could be charged with fraud, because of his omission of Trump’s “peaceful” rhetoric.

“Under the indictment itself, Jack Smith could be himself indicted. He told a direct lie in this indictment. He purported to describe the speech that President Trump made on January 6th. 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.”

The fact that Smith repeated the error of the House impeachment managers would appear deliberate, because these phrases were the crux of Trump’s Senate trial. Trump’s lawyers even played footage of Democrats using similar “fight” rhetoric, to show its common usage.

Trump’s defense team returned, again and again, to the fact that Trump told his supporters to rally “peacefully” at the Capitol, which was ultimately a major reason he was able to defeat the House impeachment charge of incitement.

(Excerpt) Read more at breitbart.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: 1621; dojweaponization; donatedonaldtrump; donatetrump; j6; jacksmith; lyingsos; trump; trumpindictment; trumppersecution
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Notably, Smith did not charge Trump with incitement. But in his statement to the press, he claimed that Trump’s “lies” about the election caused the riot, all but making the claim of incitement.


1 posted on 08/05/2023 9:53:49 AM PDT by SoConPubbie
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To: SoConPubbie

Unlikely. They’ll probably brush it off as an innocent mistake and Jack will get away with it


2 posted on 08/05/2023 9:56:22 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times)
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To: SoConPubbie

If only there was one US Attorney in America that actually believed in the Truth and America, this could be their day to shine and make a name for themselves by INDICTING JACK SMITH TODAY.


3 posted on 08/05/2023 9:57:32 AM PDT by eyeamok
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To: SoConPubbie
"...The fact that Smith repeated the error of the House impeachment managers"

ERROR???

Rigghhhtttt....suuurrre...

4 posted on 08/05/2023 9:58:09 AM PDT by ProtectOurFreedom (We are proles, they are nobility.)
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To: SoConPubbie

Conspiracy to commit Fraud with much of the DoJustUS crewe, starting with The Meritless Garland and Lisa Monaco too.


5 posted on 08/05/2023 10:01:04 AM PDT by Paladin2
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To: SoConPubbie

How many, from 2016 to the present time, are guilty of treason?


6 posted on 08/05/2023 10:01:09 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: eyeamok

Wish Levin and Dershowitz were on his team.


7 posted on 08/05/2023 10:08:48 AM PDT by FES0844
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To: SoConPubbie

I think someone should publish all of his personal information. Let people keep him and his family awake at night. Gotta use their playbook to get their attention.


8 posted on 08/05/2023 10:15:18 AM PDT by bk1000 (Banned from Breitbart)
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To: eyeamok

By omitting those few words proves that Smith’s indictment of Trump is slanted and he should be disbarred immediately. If the Judge allows it, that would make her equally as guilty and is deserving charges be brought against her.


9 posted on 08/05/2023 10:17:44 AM PDT by chopperk ( )
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To: lowbridge
Unlikely. They’ll probably brush it off as an innocent mistake and Jack will get away with it

I suspect this will be rebuffed with a strongly worded letter warning that it should never happen again.....

10 posted on 08/05/2023 10:25:20 AM PDT by eeriegeno (Checks and balances??? What checks and balances?)
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To: SoConPubbie

Indicted by whom? The D.O.J.? And if he were to be indicted, where was his crime committed? Why in the District of Columbia, a place where impartial, apolitical juries are well-known.

Not only are we playing in a casino where the casino sets the rules, the casino is playing with a marked deck.


11 posted on 08/05/2023 10:25:53 AM PDT by hanamizu
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To: SoConPubbie

It’s called “disclosure” and it’s law 101. It’s an immediate mistrial and is cause for immediate disbarment.


12 posted on 08/05/2023 10:56:25 AM PDT by EQAndyBuzz (The Democrat Party - Dumbing Down America Since 1965.)
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To: SoConPubbie
What Trump really said Jan 6th. First in his speech, and then in two tweets:


13 posted on 08/05/2023 11:01:55 AM PDT by Alas Babylon! (Repeal the Patriot Act; Abolish the DHS; reform FBI top to bottom!)
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To: SoConPubbie

Evening new never shows the peaceful part either.


14 posted on 08/05/2023 11:08:01 AM PDT by Old Yeller
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To: Old Yeller

The news still refers to Jan. 6 as a deadly insurrection


15 posted on 08/05/2023 11:09:12 AM PDT by 38special (I should've said something earlier)
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To: SoConPubbie

.


16 posted on 08/05/2023 11:41:10 AM PDT by sauropod (I will stand for truth even if I stand alone.)
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To: SoConPubbie
Jack Smith should be disbarred.
17 posted on 08/05/2023 11:45:19 AM PDT by jonrick46 (Leftniks chase illusions of motherships at the end of the pier.)
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To: SoConPubbie

Let’s see if the judge threatens him with tampering with the jury?


18 posted on 08/05/2023 11:47:31 AM PDT by shotgun
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To: Old Yeller; All
Here's the part of the complaint with the omission:

104. d. Finally, after exhorting that “we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore,” the Defendant directed the people in front of him to head to the Capitol, suggested he was going with them, and told them to give members of Congress “the kind of pride and boldness that they need to take back our country.”

105. During and after the defendant’s remarks, thousands of people marched toward the capital.

19 posted on 08/05/2023 11:56:02 AM PDT by libstripper
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Comment #20 Removed by Moderator


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