On August 1, 2023, a Washington, D.C., grand jury, at the urging of special prosecutor Jack Smith, indicted Donald Trump on four felony counts. The counts center on Trump’s illegal attempts to remain in office after he’d clearly lost the 2020 presidential election in both the popular vote and, what legally counts, the electoral college. On August 15, a Georgia grand jury indicted Trump and 18 supporters on racketeering charges. The charges involve the alleged attempt by Trump and his supporters to steal Georgia’s electoral vote and, in effect, suppress the African American vote. More on this in coming posts as the situation unfolds.
As I explained last month, in the U.S., the transfer of power from one president to the next involves both written and unwritten laws. One unwritten law is that the defeated presidential candidate, either Democrat or Republican, concedes the election after The New York Times declares their opponent the winner in the electoral college. The defeated candidate then offers their support to the new president-elect. Trump defied this law. Instead of congratulating Joseph Biden, the electoral college winner — and the popular vote winner — Trump claimed he had won the election by a “landslide” and that the official vote tallies were false. Many of Trump’s Republican supporters, as well as some non-supporters who needed the votes of his base to win their reelection — claim that Trump’s latest federal indictment, as well as the latest indictment in the State of Georgia, is an attack against the right of free speech.
Now it’s true that the U.S. Constitution’s First Amendment guarantees the right to free speech. U.S. residents and citizens have the right to lie, except to police officers, federal agents, or under oath. They do have the right to refuse to talk to police officers and federal agents under the Fifth Amendment, which protects persons from having to provide testimony against themselves. Police officers and federal agents, though, have the right to lie to suspects, though not the right to lie to jurors — which, of course, doesn’t mean they never do. This is one reason why defense attorneys are almost unanimous in advising people to never talk to a police officer or federal agent in the absence of an attorney.
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