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re: Jack Smith says US Presidents HAVE NO 1st Amendment rights to allege election fraud!!

Posted on 1/1/26 at 12:59 pm to
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2407 posts
Posted on 1/1/26 at 12:59 pm to
quote:

So, if a person (a) writes in the New York Times "the Presidential election was rife with fraud and the President of the Senate should not approve the Electoral College results." (b)this person does so "knowing" that there was no fraud and with the intent to influence the President of he Senate to do something in his official capacity then a Prosecutor has discretion to file charges on that quoted statement alone.
(b) here does NOT automatically follow (a), and Smith did NOT say that it does.

He SAID that he developed evidence to the effect that Trump had ACTUAL KNOWLEDGE that his statements were false. He certainly submitted an indictment to that effect, exposing himself to perjury charges if those claims were not made in a good faith belief in their accuracy.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87746 posts
Posted on 1/1/26 at 12:59 pm to
quote:

Weird a fricking alter like RA yammering about knowingly false statements.


Doesn’t seem very honest nor self-aware, does it?
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
85405 posts
Posted on 1/1/26 at 1:00 pm to
quote:

Doesn’t seem very honest nor self-aware, does it?

Good thing the alter isn't "credentialed"!
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2407 posts
Posted on 1/1/26 at 1:02 pm to
quote:

What he means ... is that smith lies when he says “fraud is not protected” because he’s implying that Trump committed fraud
Smith does not "imply" that Trump committed fraud. As I recall, he makes that EXPLICIT charge in the sworn indictment.

Now, you can disagree with the facts as he presents them and/or with his interpretation of those facts, but let's NOT pretend otherwise.
Posted by BBONDS25
Member since Mar 2008
57264 posts
Posted on 1/1/26 at 1:04 pm to
quote:

He certainly submitted an indictment to that effect, exposing himself to perjury charges if those claims were not made in a good faith belief in their accuracy.


Hank….you are a beauty.
Posted by BBONDS25
Member since Mar 2008
57264 posts
Posted on 1/1/26 at 1:06 pm to
quote:

Smith does not "imply" that Trump committed fraud. As I recall, he makes that EXPLICIT charge in the sworn indictment.


Irrelevant and you know it you dishonest hack. There has been no finding of fraud. Why do you insist on being such a stupid frick?
Posted by JimEverett
Member since May 2020
1989 posts
Posted on 1/1/26 at 1:15 pm to
quote:

(b) here does NOT automatically follow (a), and Smith did NOT say that it does.

He SAID that he developed evidence to the effect that Trump had ACTUAL KNOWLEDGE that his statements were false. He certainly submitted an indictment to that effect, exposing himself to perjury charges if those claims were not made in a good faith belief in their accuracy.


My example assumes that the NYT writer is aware his statement is false, so any evidence showing actual knowledge of that falsity doesn't matter to the point. It is the speech that Jack Smith says is criminal.
Do we really want/need a bunch of Jack Smith's running around investigating every op/ed piece in newspapers or opinions on social media to see if the speaker knows that what they are saying is untrue whenever they try to "interfere" with a public proceeding (like a Congressional vote)? That is the end of free speech.

Posted by Onyx Aggie
Foothills of the Smokies
Member since Sep 2012
2623 posts
Posted on 1/1/26 at 1:20 pm to
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
35632 posts
Posted on 1/1/26 at 1:23 pm to
quote:

SlowFlowPro

Somehow, I knew that you would be first in line to simp for the corrupt lawyer.

How did I anticipate that?
Posted by tigerfan 64
in the LP
Member since Sep 2016
6159 posts
Posted on 1/1/26 at 1:35 pm to
quote:

To "develop facts" means to systematically investigate, gather, organize, and build upon initial information to uncover deeper truths, details, and a comprehensive understanding, often moving from assumptions or simple observations to concrete evidence for planning, legal cases, or scientific inquiry
So, to use a fact to build a case.
A legal case is nothing more than a narrative, guided by the law, built with facts.
I think i got it figured out.
Posted by Riverside
Member since Jul 2022
8557 posts
Posted on 1/1/26 at 1:39 pm to
Jack Smith isn’t very bright. This is why he’s lost many times at SCOTUS.
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2407 posts
Posted on 1/1/26 at 1:48 pm to
quote:

Smith does not "imply" that Trump committed fraud. As I recall, he makes that EXPLICIT charge in the sworn indictment.
quote:

Irrelevant and you know it you dishonest hack. There has been no finding of fraud.

Of course not. Trump's election brought the prosecution to a screeching halt.

Smith was testifying as to his actions and the basis therefor. Nothing more.
This post was edited on 1/1/26 at 1:50 pm
Posted by Turbeauxdog
Member since Aug 2004
24152 posts
Posted on 1/1/26 at 1:55 pm to
quote:

We wanted to make clear that this was not about, um, trying to interfere with anyone's first amendment rights" and "fraud is not protected by the first amendment"


Call speech fraud so you can prosecute fraud. Essentially meaning exactly what op sai.

And retard lawyers like sfp lap it up.

You're out of your depth as always
Posted by Riverside
Member since Jul 2022
8557 posts
Posted on 1/1/26 at 1:55 pm to
Good ole Aggie Hank.
Posted by wackatimesthree
Member since Oct 2019
10739 posts
Posted on 1/1/26 at 1:59 pm to
quote:

Smith: "A statement made with know falsity is not protected by the First Amendment."


If that is what he said, he's wrong.

Making a knowingly false statement in and of itself is absolutely protected by the First Amendment.

You can't make a knowingly false statement that causes harm or incites civil unrest and you can't make knowingly false statements under oath, but you can absolutely make knowingly false statements in general.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87746 posts
Posted on 1/1/26 at 2:06 pm to
quote:

Jack Smith isn’t very bright. This is why he’s lost many times at SCOTUS.


I don’t know how many times he’s lost in front of SCOTUS. I do know he’s a member of the “bitch-slapped and skunked 9-0” Club along with Andrew Weissman.

When you can’t at least get ideologues like Kagan and Sotomayor to go along with you, you’ve fricked up LARGE.
This post was edited on 1/1/26 at 2:09 pm
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2407 posts
Posted on 1/1/26 at 2:09 pm to
quote:

Smith: "A statement made with know falsity is not protected by the First Amendment."
quote:

If that is what he said, he's wrong.

He was explicit that he was discussing knowingly-false statements that interfere with a lawful governmental function.

Apologies for not transcribing the entire video clip. I wrongfully thought that people commenting on the video might have actually watched the video.
This post was edited on 1/1/26 at 2:12 pm
Posted by thebigmuffaletta
Member since Aug 2017
15531 posts
Posted on 1/1/26 at 2:15 pm to
quote:

He was explicit that he was discussing false statements that interfere with a lawful governmental function.


Claim that publicly making false statements is protected by the 1st amendment but then claim that publicly making “false statements” is in fact fraud. Might as well just say that he doesn’t believe in free speech because that’s what he’s saying.
Posted by JimEverett
Member since May 2020
1989 posts
Posted on 1/1/26 at 2:22 pm to
If you call your Congressman and say "People are dying on the streets, so you need to vote for this legislation." When you know that people are not dying on the streets, is a criminal offense according to Jack Smith.
You made a knowingly false statement with an intent to interfere with a government function.

I am not sure what statute he is relying on, but as applied it sure seems unconstitutional.
This post was edited on 1/1/26 at 2:24 pm
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2407 posts
Posted on 1/1/26 at 2:24 pm to
quote:

I am not sure what statute he is relying on, but as applied it sure seems unconstitutional.
Read the indictment. I linked it above.

He seems to be relying primarily upon:

18 USC 371;
18 USC 1512(k); and
18 USC 241.

Mostly Section 371
This post was edited on 1/1/26 at 2:33 pm
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