By Jonathan Turley
After last week’s indictment of former President Donald Trump relating to the 2020 election, CNN declared that the charges were “personal” for President Joe Biden, who previously said Trump’s words sounded like “sedition.”
Of course, Trump was not charged with sedition or even seditious conspiracy. Nor was he charged with conspiracy to incitement or insurrection, the grounds for his second impeachment.
However, if Biden does view this case as personal, as CNN suggests, he might be right for the wrong reason. That’s because the case being constructed against Trump by Justice Department special counsel Jack Smith could prove a serious problem for Biden, too — particularly as the basis for a House impeachment inquiry.
The latest Trump indictment, based on little new evidence and even less established law, faces a major threshold challenge under the First Amendment. Smith is seeking to criminalize what constitutes disinformation, which not only runs against the grain of the First Amendment but also prior cases. That includes United States v. Alvarez, which overturned the conviction of a politician for knowingly lying about his military background.
The Justice Department acknowledges that the Constitution protects false statements made in political campaigns. Yet it maintains that Trump can be convicted for lying because he really did not believe what he said.
The problem is that the effect of these lies largely fueled the actions of third parties. If Trump were accused of using fraud for pecuniary gain or of lying to federal investigators, there would be no free-speech problem. The complaint, however, focuses on the lies rather than any larceny or standalone crime. It is diffuse in saying that raising doubts over the election undermined the value or results of voting. Previous challenges have been made to certification of presidential elections with little basis (including by Democrats) and even alternative sets of electors have been submitted without criminal charges.
This criminal intent is based on Trump being told by many people that the election was not stolen and he could not stop its certification. I was one of those who maintained that Trump was wrong on the election, Vice President Pence’s authority to void the results, and the Trump team’s challenges. However, Trump followed the advice of a second, albeit smaller, set of lawyers who told him there was a basis for challenging the election.
That is not a crime. It is, in my view, protected political speech. Presidents routinely lie on matters great and small. Many of those lies cost citizens dearly, from “keeping your doctor” under ObamaCare to losing your life in Vietnam. Criminalizing lies in campaigns because of the spread of disinformation or disorder is a slippery slope that vests unprecedented power in the Justice Department.
There is a wicked twist in all of this for Biden. The very controversial linchpin used against Trump could conceivably be used against Biden, particularly in the launching of an impeachment inquiry by House Republicans.
While third parties proceeded to take steps to challenge the election and offer alternative electors, Trump continued to publicly deny the election’s legitimacy and failed to effectively call them back. He is accused of seeking out those who would legitimize or enable his political spin on his 2020 defeat.
Not dissimilarly, Biden has long been accused of knowing disregard for constitutional limitations as his administration has pushed unconstitutional measures. For example, Biden conceded that his own White House counsel and trusted legal advisers uniformly told him that renewing a national eviction moratorium would be unconstitutional — but he listened instead to a Harvard law professor who reportedly assured him he had the authority. His eviction-ban order was quickly found unconstitutional by the Supreme Court.
Far more serious are the accusations facing Biden over his response to a growing corruption scandal allegedly involving his son and others. It now seems clear that Biden has lied to the public for years on critical details of the scandal. Indeed, his denial of any knowledge or involvement in his son’s overseas business deals go back to the 2020 presidential debate.
Biden also denied that Hunter Biden received any money from China, which the Washington Post now declares to be manifestly untrue. For years, Biden has allowed his staff, including White House officials, to repeat his denials while opposing any further investigation.
That is why guilt by implication or association, as employed by special counsel Smith against Trump, could be a dangerous legal standard for Joe Biden.
Hunter Biden’s former friend and associate, Devon Archer, told House Oversight Committee investigators last week that they were indeed selling “the brand” and that Joe Biden was part of that brand.
Ironically, Rep. Dan Goldman (D-N.Y.) — who demolished Biden’s defense in an earlier House hearing with two IRS agents — repeated the same blunder during Archer’s closed-door committee appearance. In the previous hearing, Goldman bizarrely raised the instance of Joe Biden going to a lunch at the Four Seasons with Hunter and his Chinese business associates.
In his own committee appearance, Archer was careful not to overstate his knowledge of demands made on then-Vice President Biden and denied personal knowledge of any. Yet Goldman refused to leave a good answer alone and plowed forward into the unknown. He noted that Archer had said they discussed “niceties” — “Where are you, how’s the weather, how’s the fishing?” — in more than 20 phone calls with the senior Biden in the presence of Hunter’s foreign business partners. Goldman pressed Archer to expand, and Archer did, stating: “They were calls to talk about the weather, and that was signal enough to be powerful.”
In other words, the point was the call itself — the access — not the content of the calls.
Later, in a media interview, Archer reaffirmed that it is “categorically false” that Joe Biden had no role in or knowledge of his son’s business dealings, stating: “He was aware of Hunter’s business. He met with Hunter’s business partners.”
Archer also confirmed dinners long denied by Biden officials and the media. For example, prior reports of a 2015 dinner with Hunter’s business associates directly contradicted the president’s repeated denials of knowledge or involvement. A Biden 2020 campaign spokesman at the time insisted the story was false, and Politico reported that other officials also assured that it was all untrue; some suggested it was more “Russian disinformation.”
It turns out that denial also was a lie, because Archer confirmed that Biden “had dinner” with him and several others, including “Vadym P. from Burisma,” referring to an officer of a Ukrainian energy company. The senior Biden reportedly joined the dinner and engaged in discussions.
Biden surely knew his denials of knowledge and interactions were untrue, even as his aides misinformed the public and as congressional and federal investigations occurred.
Now, according to special counsel Smith, such knowing lies can be criminal matters, at least in the case of Donald Trump. For Congress, it could also trigger impeachment inquiries in the case of Joe Biden — and that would make this very personal indeed.
Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.
Oh my goodness! Impressive article dude! Thanks, However I am going through problems with your RSS. I don’t understand the reason why I can’t subscribe to it. Is there anybody else having similar RSS issues? Anyone that knows the answer will you kindly respond? Thanx!!
There’s certainly a lot to know about this topic. I really like all the points you have made.
Can I just say what a comfort to discover someone that really understands what they are discussing on the net. You actually realize how to bring an issue to light and make it important. More and more people must look at this and understand this side of your story. I can’t believe you aren’t more popular given that you most certainly possess the gift.
I could not resist commenting. Exceptionally well written!
Oh my goodness! Incredible article dude! Thank you, However I am experiencing difficulties with your RSS. I don’t understand the reason why I cannot subscribe to it. Is there anybody else getting similar RSS problems? Anyone who knows the solution can you kindly respond? Thanx!
I was able to find good advice from your blog posts.
Hello, I believe your web site might be having browser compatibility problems. Whenever I look at your web site in Safari, it looks fine however, when opening in I.E., it has some overlapping issues. I simply wanted to provide you with a quick heads up! Other than that, excellent website.
Hi there! I just wish to give you a huge thumbs up for the great information you’ve got right here on this post. I am coming back to your web site for more soon.
It’s hard to find well-informed people for this subject, however, you sound like you know what you’re talking about! Thanks
This is a topic that’s near to my heart… Cheers! Exactly where are your contact details though?
Excellent article. I definitely appreciate this website. Continue the good work!
Having read this I believed it was really informative. I appreciate you spending some time and effort to put this article together. I once again find myself spending way too much time both reading and leaving comments. But so what, it was still worthwhile!
Way cool! Some very valid points! I appreciate you penning this article and the rest of the website is also very good.
Howdy! This blog post couldn’t be written much better! Looking at this article reminds me of my previous roommate! He constantly kept talking about this. I most certainly will send this information to him. Pretty sure he will have a very good read. Thank you for sharing!
I used to be able to find good info from your articles.
This is a topic that’s near to my heart… Thank you! Where can I find the contact details for questions?
I blog frequently and I truly appreciate your content. Your article has truly peaked my interest. I’m going to book mark your website and keep checking for new information about once per week. I subscribed to your Feed too.
There’s certainly a lot to know about this topic. I like all of the points you’ve made.
Way cool! Some extremely valid points! I appreciate you writing this article plus the rest of the site is extremely good.
This is a really good tip especially to those fresh to the blogosphere. Simple but very precise information… Thanks for sharing this one. A must read post!
After going over a number of the blog posts on your web site, I truly appreciate your technique of writing a blog. I book marked it to my bookmark webpage list and will be checking back in the near future. Please visit my website too and let me know what you think.
Hello! I could have sworn I’ve been to this site before but after browsing through a few of the articles I realized it’s new to me. Anyways, I’m definitely pleased I discovered it and I’ll be bookmarking it and checking back often.
You should take part in a contest for one of the finest sites on the internet. I am going to recommend this web site!
Good article. I am facing some of these issues as well..
You have made some really good points there. I checked on the web for more information about the issue and found most individuals will go along with your views on this web site.
I’d like to thank you for the efforts you have put in penning this blog. I’m hoping to view the same high-grade content from you in the future as well. In fact, your creative writing abilities has inspired me to get my own, personal blog now 😉
Way cool! Some very valid points! I appreciate you writing this article and the rest of the website is also very good.
Very good article. I am facing some of these issues as well..
Good day! I could have sworn I’ve been to your blog before but after looking at a few of the posts I realized it’s new to me. Nonetheless, I’m definitely pleased I came across it and I’ll be book-marking it and checking back frequently!
I quite like reading a post that will make people think. Also, thanks for allowing for me to comment.
I quite like looking through an article that can make men and women think. Also, thanks for permitting me to comment.
Greetings! Very useful advice in this particular post! It is the little changes that produce the biggest changes. Many thanks for sharing!
I was able to find good information from your blog articles.
You have made some really good points there. I checked on the net for more information about the issue and found most people will go along with your views on this web site.
An outstanding share! I’ve just forwarded this onto a co-worker who had been doing a little research on this. And he actually bought me breakfast due to the fact that I found it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending some time to discuss this issue here on your internet site.
bookmarked!!, I love your site.
I wanted to thank you for this wonderful read!! I definitely loved every little bit of it. I’ve got you bookmarked to look at new stuff you post…
I really like reading through an article that can make people think. Also, thanks for permitting me to comment.
Aw, this was a very nice post. Finding the time and actual effort to produce a good article… but what can I say… I hesitate a whole lot and never seem to get anything done.
You’ve made some decent points there. I checked on the net to learn more about the issue and found most individuals will go along with your views on this web site.
After checking out a few of the blog articles on your web site, I honestly appreciate your technique of blogging. I saved as a favorite it to my bookmark webpage list and will be checking back in the near future. Take a look at my website as well and let me know your opinion.
There is certainly a lot to learn about this issue. I like all of the points you’ve made.
This excellent website really has all the information I needed about this subject and didn’t know who to ask.
It’s difficult to find knowledgeable people on this topic, however, you sound like you know what you’re talking about! Thanks
Aw, this was an exceptionally good post. Finding the time and actual effort to create a top notch article… but what can I say… I put things off a whole lot and don’t manage to get nearly anything done.
Howdy! This article could not be written much better! Looking at this post reminds me of my previous roommate! He always kept preaching about this. I’ll send this post to him. Fairly certain he’ll have a good read. I appreciate you for sharing!
Spot on with this write-up, I actually believe this website needs much more attention. I’ll probably be returning to see more, thanks for the information!
prednisone 40mg tablet – order starlix without prescription captopril 25 mg sale
This page truly has all of the information I wanted concerning this subject and didn’t know who to ask.
This website definitely has all the information and facts I wanted concerning this subject and didn’t know who to ask.
Hi, I do think this is a great web site. I stumbledupon it 😉 I’m going to return once again since I book-marked it. Money and freedom is the best way to change, may you be rich and continue to help other people.
Spot on with this write-up, I seriously think this site needs much more attention. I’ll probably be back again to read through more, thanks for the information.
This website certainly has all of the information and facts I wanted concerning this subject and didn’t know who to ask.
Excellent article. I’m experiencing many of these issues as well..
Your style is so unique in comparison to other people I have read stuff from. I appreciate you for posting when you’ve got the opportunity, Guess I’ll just bookmark this page.
When I originally commented I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I get four emails with the same comment. Is there a way you are able to remove me from that service? Cheers.
Pretty! This was a really wonderful article. Many thanks for providing this information.
After looking at a number of the articles on your website, I really like your technique of blogging. I saved as a favorite it to my bookmark webpage list and will be checking back in the near future. Take a look at my web site as well and let me know how you feel.
You should take part in a contest for one of the highest quality sites on the web. I’m going to highly recommend this site!
I really love your website.. Very nice colors & theme. Did you develop this web site yourself? Please reply back as I’m planning to create my very own blog and want to know where you got this from or what the theme is named. Kudos!
Having read this I believed it was very informative. I appreciate you spending some time and energy to put this informative article together. I once again find myself personally spending way too much time both reading and commenting. But so what, it was still worth it.
Aw, this was a very good post. Spending some time and actual effort to generate a top notch article… but what can I say… I put things off a lot and don’t seem to get anything done.
Hi there, I think your web site could possibly be having web browser compatibility problems. Whenever I take a look at your blog in Safari, it looks fine however, if opening in I.E., it’s got some overlapping issues. I just wanted to provide you with a quick heads up! Apart from that, great site!
I want to to thank you for this excellent read!! I definitely loved every bit of it. I have you book-marked to check out new things you post…
Good post. I learn something totally new and challenging on blogs I stumbleupon every day. It’s always interesting to read through content from other authors and use something from their websites.
You ought to take part in a contest for one of the highest quality blogs on the net. I will highly recommend this website!
Aw, this was an extremely nice post. Finding the time and actual effort to make a very good article… but what can I say… I procrastinate a lot and never manage to get anything done.
Hello there, I think your website might be having browser compatibility issues. Whenever I take a look at your website in Safari, it looks fine however when opening in Internet Explorer, it’s got some overlapping issues. I merely wanted to provide you with a quick heads up! Apart from that, great website.
I’m excited to find this website. I wanted to thank you for your time for this particularly fantastic read!! I definitely enjoyed every little bit of it and I have you saved to fav to see new information on your web site.
biaxin assume – zantac pills crowd cytotec soup
Претенденты смотреть Претенденты фильм, 2024, смотреть онлайн
ascorbic acid unicorn – ascorbic acid figure ascorbic acid relate
promethazine painful – promethazine both promethazine museum
l free to adjust these comments as needed to better fit the specific blog posts you’re responding to!dashdome
loratadine medication sum – claritin clue claritin elf
dapoxetine husband – priligy waste priligy breath
Фоллаут кино
loratadine brain – claritin pills forest claritin pills tell
Фоллаут 1 сезон фильм
valacyclovir pills professor – valtrex online forgive valacyclovir pitch
Фоллаут 1 сезон фильм
prostatitis pills idea – prostatitis pills instruction prostatitis pills size
Смотреть онлайн 100 лет тому вперед. Смотреть фильм онлайн бесплатно в хорошем качестве 100 лет тому вперед.
uti medication national – uti medication page uti treatment fight
Veni, vidi, vici
Cogito ergo sum
Проблемы российского самосознания: архаическое, традиционное и инновационное начала и новые обзоры по психоанализу.
acne treatment polish – acne medication possess acne medication criminal
Психолог тут
Психолог
Психоанализ
Психолог тут
priligy determine – sildigra contrary cialis with dapoxetine lawn
Фуриоса: Хроники Безумного Макса
cenforce online salute – levitra professional particular brand viagra pills least
Усик Фьюри 18 мая 2024
Прямая трансляция: Александр Усик – Тайсон Фьюри
Александр Усик — Тайсон Фьюри, онлайн-трансляция
Министерство неджентльменских дел
Ad futuram memoriam — На долгую память.
Ad usum externum — Для внешнего употребления.
Ad usum proprium — Для собственного употребления.
Aut vincere, aut mori — Или победить, или умереть.
Consumor aliis inserviendo — Изнуряю себя, работая на благо других.
Acta est fabula! — Пьеса сыграна!
Amicus cognoscitur amore, more, ore, re — Друг познаётся по любви, нраву, лицу, деянию.
buy prandin without a prescription – empagliflozin 10mg pill empagliflozin without prescription
metformin 1000mg canada – sitagliptin canada buy generic acarbose online
pill micronase 5mg – actos 30mg oral cheap forxiga 10 mg
buy clarinex sale – order beclamethasone generic order ventolin 4mg generic
medrol 16mg for sale – where can i buy zyrtec order azelastine nasal spray
albuterol 2mg uk – seroflo uk purchase theophylline for sale
buy ivermectin uk – order levaquin 500mg cefaclor cost
azithromycin 250mg cost – buy azithromycin 250mg online cheap cost ciprofloxacin
order cleocin 150mg – buy cefixime 100mg pills chloramphenicol usa
Howdy! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my website to rank for some targeted keywords but I’m not seeing very good gains.
If you know of any please share. Cheers! I saw similar blog here: Scrapebox List
amoxil oral – order generic duricef 500mg ciprofloxacin 500mg uk
augmentin 1000mg generic – ampicillin for sale order ciprofloxacin 500mg sale
order atarax 25mg – order amitriptyline 25mg sale endep for sale online
buy anafranil 25mg generic – purchase celexa generic buy generic sinequan
buy generic quetiapine 50mg – quetiapine 100mg generic eskalith online order
clozaril pills – buy cheap famotidine buy pepcid generic
where can i buy zidovudine – lamivudine order allopurinol sale
metformin 1000mg sale – glucophage 500mg cheap lincomycin sale
brand lasix – lasix oral cost captopril 25 mg
acillin cost amoxicillin cost
buy flagyl 200mg generic – buy amoxicillin pills for sale zithromax 500mg sale
buy ivermectin 6mg – cefixime pill order sumycin 250mg sale
valtrex 1000mg uk – nemasole online order zovirax brand
how to get ciprofloxacin without a prescription – oral keflex augmentin medication
buy ciprofloxacin 1000mg pill – buy cephalexin 125mg pill augmentin 625mg us
buy acillin medication buy penicillin medication amoxil where to buy
buy proscar 5mg pills buy fluconazole pills for sale
buy avodart 0.5mg generic ranitidine 300mg drug ranitidine price
buy zocor for sale valtrex oral
sumatriptan 50mg ca order imitrex 50mg generic levofloxacin 500mg sale
order zofran 4mg online cheap order spironolactone 100mg sale spironolactone online
nexium 40mg pills topiramate price cost topamax 100mg
flomax pill flomax ca buy celebrex 100mg for sale
mobic 15mg canada celebrex 100mg price oral celebrex 200mg
buy generic maxolon order maxolon generic losartan oral
order methotrexate generic order generic warfarin 2mg
affordable term papers help writing papers how to write my thesis
Wow, awesome blog structure! How long have you been blogging for?
you make running a blog glance easy. The entire glance
of your website is excellent, as neatly as the content material!
You can see similar: dobry sklep and here najlepszy sklep
order inderal 10mg sale buy inderal 10mg generic buy clopidogrel sale
methylprednisolone 16mg oral buy depo-medrol sale order medrol for sale
buy tenormin 100mg pill oral tenormin 50mg atenolol 100mg cheap
order toradol online cheap order toradol sale buy gloperba for sale
metoprolol 100mg without prescription lopressor 50mg for sale metoprolol buy online
flexeril cheap baclofen 10mg without prescription
buy omeprazole omeprazole 10mg cheap omeprazole 10mg brand
order motilium order domperidone generic sumycin usa
buy zestril 5mg pills prinivil over the counter buy zestril medication
order crestor 10mg without prescription buy rosuvastatin 20mg pills order ezetimibe 10mg pills
norvasc 10mg usa norvasc 10mg for sale norvasc drug
buy generic acyclovir purchase allopurinol pill allopurinol 100mg sale
xenical tablet xenical over the counter diltiazem pills
glucophage online order metformin 500mg pill buy glucophage without a prescription
priligy where to buy buy cytotec 200mcg for sale buy generic misoprostol
aralen oral where to buy chloroquine without a prescription aralen price
purchase claritin for sale order claritin 10mg pills buy loratadine no prescription
buy cheap cenforce cenforce for sale online order cenforce 50mg online
clarinex without prescription order generic clarinex buy clarinex pills
tadalafil without prescription female cialis pill
oral aristocort 4mg aristocort 10mg canada order triamcinolone 10mg sale
buy plaquenil 200mg generic generic hydroxychloroquine 400mg order hydroxychloroquine 200mg pill
lyrica 150mg pill pregabalin cheap buy lyrica 150mg
buy vardenafil 10mg without prescription levitra price
wind creek casino online play blackjack online us
semaglutide 14mg for sale semaglutide 14 mg without prescription brand semaglutide
buy doxycycline cheap buy doxycycline 100mg pills
generic sildenafil 50mg sildenafil 25mg
lasix 100mg ca furosemide without prescription
gabapentin 800mg price order neurontin 100mg without prescription neurontin brand
order serophene clomiphene 50mg oral serophene us
Es muy difícil leer los correos electrónicos de otras personas en la computadora sin conocer la contraseña. Pero a pesar de que Gmail tiene alta seguridad, la gente sabe cómo piratear secretamente una cuenta de Gmail. Compartiremos algunos artículos sobre cómo descifrar Gmail, piratear cualquier cuenta de Gmail en secreto sin saber una palabra.
buy generic omnacortil 40mg order omnacortil 40mg online cheap
cost levothyroxine buy synthroid 100mcg online levoxyl generic
cheap azithromycin 250mg zithromax sale azithromycin 500mg tablet
amoxiclav pill augmentin 625mg over the counter amoxiclav sale
cheap amoxil pill order generic amoxil 1000mg
ventolin 2mg cheap order albuterol online generic albuterol
accutane 20mg pills accutane price
purchase semaglutide online semaglutide 14 mg sale cheap rybelsus 14 mg
prednisone 20mg oral prednisone 10mg sale
where to buy rybelsus without a prescription brand semaglutide 14mg buy semaglutide pills
buy synthroid 100mcg generic synthroid 100mcg without prescription buy levothyroxine pill
augmentin 375mg price oral augmentin
albuterol medication albuterol 2mg usa buy ventolin medication
order monodox generic acticlate pills
cheap amoxicillin 1000mg order amoxil online buy amoxicillin 500mg for sale
deltasone 40mg over the counter
omnacortil 40mg without prescription prednisolone 40mg pill cheap prednisolone sale
buy lasix online diuretic furosemide for sale online
order azithromycin 250mg pills brand azithromycin order azipro 250mg pills
order neurontin pills cost gabapentin
where can i buy zithromax azithromycin 500mg tablet buy zithromax 500mg generic
cheap amoxicillin 1000mg order amoxil amoxicillin 500mg ca
online doctors who prescribe zolpidem buy melatonin for sale
best otc heartburn med order avalide generic
best acne treatment teenage guys order prednisolone 5mg for sale will pimple get wase when taking fulcin
best quick gerd relief medication clozaril brand
oral deltasone 10mg
best sleeping pills at walgreens
alternatives to allergy pills types of allergy pills alternative to antihistamine for allergy