The January 6 Indictment Is HERE – And It’s Bulls***

Charge Breakdown

The indictment against Donald Trump outlines three primary charges: conspiracy to defraud the United States, conspiracy to obstruct justice, and conspiracy against the right to vote. Ben Shapiro argues that these charges are based on specious legal theories and lack the necessary evidence to prove Trump's knowledge of false election fraud claims 1 2. He highlights the challenge prosecutors face in proving Trump knowingly promoted false claims for personal gain, emphasizing the word "knowingly" as a critical component of the indictment 3.

To prove beyond a reasonable doubt that Donald Trump absolutely knew that the election fraud claims were false, not he should have known, not that people told him, but that he actively knew that the election fraud claims were false, and he promoted them anyway for his own personal benefit.

--- Ben Shapiro

Shapiro suggests that the charges are a stretch, as they do not align with the traditional application of the fraud statute, which typically involves financial deceit 3.

   

Legal Implications

The legal implications of the indictment are significant, with Ben Shapiro questioning whether the charges align with statutory requirements. He argues that the indictment is political, as it attempts to criminalize actions that are not traditionally considered crimes, such as advancing a specious legal theory 4. Shapiro points out that the conspiracy against the right to vote charge misinterprets the law, which was originally designed to protect against racial discrimination in voting 5.

Me thinking that Donald Trump did a bad thing does not make the bad thing a crime. And when you start making bad things a crime, things you don't like a crime, free speech a crime, specious legal theory is a crime.

--- Ben Shapiro

He also highlights the backlash from figures like Mike Pence, who criticized Trump's actions but also questioned the legitimacy of the indictment 6.

   

Political Motivations

The timing and nature of the indictment have sparked discussions about political motivations. Ben Shapiro suggests that the charges are politically driven, aimed at undermining Trump's candidacy by stretching legal definitions to fit non-criminal actions 7. He notes that Republican figures, including Kevin McCarthy and Ron DeSantis, have criticized the indictment as a distraction from issues surrounding President Biden and his family 8.

This is a political prosecution. And you can tell by the charges.

--- Ben Shapiro

The media's response has also been scrutinized, with some outlets allegedly downplaying First Amendment protections in their coverage of Trump's actions 9.