Can Trump Get a Fair Trial in Election Case? Legal Expert Sees Trial’s ‘Threat to Free Speech’

Kevin Hogan
By Kevin Hogan
August 18, 2023NTD Good Morningshare

Former Lieutenant Governor of New York, Betsy McCaughey, wrote an op-ed in the Epoch Times recently alleging special counsel Jack Smith is not being truthful. She wrote that, while the indictment says former president Trump told his supporters to fight, it left out the part where Mr. Trump told his supporters to go to the Capitol “peacefully and patriotically.” Ms. McCaughey says this is “a lie of omission.” How will such details impact the trial?

Mr. Trump’s lawyers argue he was engaging in protected political speech on Jan. 6, but some pundits assert that the indictment “goes where free speech ends and criminal conspiracy begins.”

John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation and director of the Meese Center for Legal and Judicial Studies, joins NTD with his analysis of the likelihood of the former president getting a fair trial.

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