Here's a great point from Jonathan Turley about the not-so-unintended consequences of all these Biden DOJ indictments:
"It would eviscerate free speech and could allow the government to arrest those who are accused of spreading disinformation in elections."
There are two fatal flaws in Trump's free-speech defense.
1. The right to free speech is not absolute. While you can tell as many lies in public as you wish, you cannot use speech to commit crimes. Example, if I tell you I'm raising money to help buy Thanksgiving dinners for people in need and you give me money for that purpose, and if I then pocket the money and spend it on myself, it is speech. But it is also fraud, and I am not exempt from prosecution for fraud because I used speech to lie for the purpose of tricking you out of your money.
2. It is off point. Nothing in the indictment charges Trump with a speech violation. His free speech is not an issue here. Even if he was fully convicted on all counts, Trump would remain free then, as he is now, to say whatever he wishes. He is not, however, and he has never been free to commit crimes. The Washington Post puts it succinctly:
"Trump is not being prosecuted for his repeated lies about a stolen election. He is being prosecuted for the efforts he made, the actions he took to operationalize that contention and prevent the clear will of the voters from being realized, or what the indictment calls 'unlawful means of discounting legitimate votes and subverting the election results.'”
Even more succinctly, Trump is not being prosecuted for what he said. Trump is being prosecuted for the illegal acts he did.
Trump's spokespeople are all over the news hollering about free speech and the MAGA base is following that lead. That's fine. They are free to say whatever they wish. But if they want to criticize the indictment, they are shooting at the wrong target.
Related: There is reason to believe Trump used false statements to raise money for his various political committees and PACs. That's called fraud; more specifically, wire fraud. No charges of wire fraud have yet been leveled, but it would not surprise me a bit to see Trump and/or his surrogates charged with wire fraud soon. A grand jury is known to be investigating this.
Pattern of Behavior: Making false statements in furtherance of a crime seems to come quite naturally to Trump. From Google Bard:
- Trump University: In 2016, Trump University was forced to settle a class-action lawsuit for $25 million after being accused of defrauding students by making false promises about the educational value of its courses.
- Trump Foundation: In 2018, the Trump Foundation was dissolved after being accused of using its charitable funds for personal and political purposes. The New York Attorney General's office filed a lawsuit against the foundation, alleging that it had engaged in "persistent illegality" and "a pattern of self-dealing."
- Trump Organization: The Trump Organization is currently under investigation by the Manhattan District Attorney's office for possible financial fraud. The investigation is focused on whether the Trump Organization inflated the value of its assets in order to obtain loans and other financial benefits.
- Trump Taj Mahal: In 1991, Trump Taj Mahal was sued by the Securities and Exchange Commission (SEC) for making false and misleading statements to investors about the casino's financial condition. The SEC alleged that Trump and his associates had inflated the casino's revenues and understated its debts in order to attract investors. Trump settled the case without admitting or denying wrongdoing.
- Trump Hotels and Casino Resorts: In 2004, Trump Hotels and Casino Resorts was sued by the SEC for making false and misleading statements to investors about the company's financial condition. The SEC alleged that Trump and his associates had overstated the company's revenues and understated its debts in order to attract investors. Trump settled the case without admitting or denying wrongdoing.
- Trump SoHo: In 2016, Trump SoHo was sued by a group of investors who alleged that they had been defrauded by the project's developers. The investors alleged that the developers had misrepresented the project's financial prospects and failed to disclose material information about the project's risks. The case is still pending.
- Trump International Hotel and Tower Chicago: In 2017, a group of investors filed a lawsuit against Trump International Hotel and Tower Chicago, alleging that they had been defrauded by the project's developers. The investors alleged that the developers had misrepresented the project's financial prospects and failed to disclose material information about the project's risks. The case is still pending.