Harvard Law professor Alan Dershowitz believes that using his own "fraud" standard, Special Counsel Jack Smith could face indictment for leaving out a crucial part of President Trump's speech in Washington, D.C. on January 6, 2021. Smith has chosen to specifically remove the portion of Trump's speech that mentions "peaceful" behavior during the protests on that day.
From Breitbart:
“Under the indictment itself, Jack Smith could be himself indicted. He told a direct lie in this indictment. He purported to describe the speech that President Trump made on January 6th. And he left out the key words, when President Trump said, ‘I want you to demonstrate peacefully and patriotically. You know, a lie by omission, under the law, can be as serious as a lie by commission.”
The fact that Smith repeated the error of the House impeachment managers would appear deliberate, because these phrases were the crux of Trump’s Senate trial. Trump’s lawyers even played footage of Democrats using similar “fight” rhetoric, to show its common usage.
Trump’s defense team returned, again and again, to the fact that Trump told his supporters to rally “peacefully” at the Capitol, which was ultimately a major reason he was able to defeat the House impeachment charge of incitement.
Notably, Smith did not charge Trump with incitement. But in his statement to the press, he claimed that Trump’s “lies” about the election caused the riot, all but making the claim of incitement.
Smith is clearly attempting to manipulate the truth for his political agenda, though it's unclear if the interests are entirely his own. Some could speculate that he might be a mere pawn in a larger plot devised by the D.C. establishment to block Trump's return to the White House in 2024.
Alternatively, it could all be a diversion to shift focus away from the ongoing investigation into Hunter Biden.
Honestly, at this point, it's anybody's guess...
