Christina Bobb, attorney for Donald Trump, told Newsmax on Monday that special counsel Jack Smith's indictment of the former president for events surrounding Jan. 6, 2021, wouldn't hold up in the United States Supreme Court.
Speaking with "Eric Bolling The Balance" about Smith's indictment and the government officials the former president talked to in the days preceding Jan. 6, as well as his public comments, Bobb said, "The whole point" of Trump's defense "is to protect political speech. And Donald Trump's speech is protected speech."
"And the whole idea" that he was listening to different opinions about the 2020 election, Bobb added, "that he was somehow required to listen to one government official at [the Cybersecurity and Infrastructure Security Agency (CISA)], but not another government official at the Department of Justice, that was criminal. But not listening to the director of CISA was somehow also criminal. It's schizophrenic.
"This is a schizophrenic indictment," she continued. "It will never hold up at the Supreme Court, and ... I honestly don't think that Jack Smith even cares if it does or doesn't. This is election interference. They're playing the short game. They're not playing the long game, and it's election interference."
In Smith's indictment, a precedent looms: That a former president could be charged for thinking unright thoughts.
This is undergirded by Smith's phrasing of Trump "knowingly" making false statements. However, proving what Trump knew to be true or not regarding the 2020 election sets up a near-herculean task of interpreting the subjective nature of the former president's thoughts.
"Smith in other words," as reporter Matt Taibbi wrote Friday, "makes Trump's state of mind central to the indictment. Even The New York Times' markup of the document noted that 'proving Mr. Trump's mindset may be a key element to all the charges.' Therefore the craziest part of this document is the section beginning on page 6, called 'The Defendant's Knowledge of the Falsity of His Election Fraud Claims.'"
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