The blizzard of criminal charges against Donald Trump by the U.S. Department of Justice and Democratic office holders have an obvious political motivation—to prevent or hamper him from running for President in 2024.
But that doesn’t mean none of the charges have merit. His “fake electors” scheme, whether or not it is judged to be a criminal offense, was a serious attempt to subvert the American political process.
In seven states carried by Joe Biden—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin—self-appointed groups of people, not chosen by the voters, claimed to be electors and certified Trump as the winner.
In two cases, New Mexico and Pennsylvania, this was with the proviso that their certification only would take effect if the vote of the real electors was set aside.
The plan was for Republican Senators to certify the false electors’ choice. Or for Vice President Mike Pence to refuse to certify the actual electors.
Disputes over the electoral vote would go to the House of Representatives, where decisions are made on the basis of one state, one vote, which would favor Republicans. Or the dispute could go to the Supreme Court, which has a conservative majority, three of whom were appointed by Trump himself.
Either way, the vote of the people would be set aside.
According to the indictment, Trump was guilty of violating laws which make it a crime to (1) conspire to deny people their basic rights, in this case, their right to vote, (2) to obstruct an official governmental proceeding and (3) to defraud the U.S. government.
This seems straightforward to me. But the issue is clouded because the case is being treated as a disinformation vs. free speech issue, which it should not be.
Donald Trump had a perfect right to say the election was stolen, no matter how many people think otherwise. He has as much right to express his opinion as you and I do. But he doesn’t have a right to prevent the election certification from taking place.
If the prosecution goes beyond Trump’s actions and tries to prosecute Trump for his words, that will be a dangerous precedent.
Making false statements is not, in and of itself, a crime, for good reason. To do so would make government officials the arbiters of truth.