Title: Alan Dershowitz Raises Concerns About Handling of Trump’s Speech by Special Counsel Jack Smith

Renowned legal scholar and Harvard Law School professor emeritus, Alan Dershowitz, has recently expressed apprehensions regarding Special Counsel Jack Smith’s approach to then-President Donald Trump’s speech in Washington, D.C., on January 6, 2022. Dershowitz argues that Smith could potentially face legal consequences for omitting a crucial portion of Trump’s speech, based on his own “fraud” standard.

The indictment against Trump includes four counts, with one specifically charging him with “conspiracy to defraud the United States.” In the section detailing Trump’s speech at the “Stop the Steal” rally, Smith’s version exhibits the same errors seen during Trump’s second impeachment trial by House Democrats. Precisely, Smith highlights Trump’s use of the phrase “fight like hell” while conveniently leaving out a sentence that was strongly emphasized by Trump’s defense team. This omitted sentence states: “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

Dershowitz, speaking on the Megyn Kelly Show podcast, asserts that Smith’s omission of Trump’s mention of “peaceful” rhetoric could be interpreted as a fraudulent misrepresentation of the speech. According to Dershowitz, the law treats a lie by omission as gravely as a lie by commission.

The recurrence of this error, which was previously made by the House impeachment managers during Trump’s trial, raises suspicions and suggests that Smith’s omission may have been intentional. The phrases related to “fight” rhetoric played a central role in Trump’s Senate trial, as his defense team presented evidence of Democrats using similar language to establish its common usage.

Trump’s defense team consistently underscored that he had called for supporters to rally “peacefully” at the Capitol, which significantly influenced his acquittal on the House impeachment charge of incitement.

It is essential to note that Smith did not directly accuse Trump of incitement, but his statement to the press insinuated that Trump’s “lies” about the election had contributed to the riot, implying incitement. The handling of Trump’s speech and the interpretations made by the Special Counsel undoubtedly require careful scrutiny and further examination.

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