We the People, are the Victims
On Tuesday, August 1, 2023, Special Counsel Jack Smith presented another indictment against Donald Trump for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The written document, which lays out the claims and evidence against the former president is sublimely written, methodically detailing each step taken by Trump to break the law and subvert the will of the voters. If you have not read it in full, I highly recommend you do that now.
It is not easy to write a legal indictment. You have to spell out the issues at hand and apply them to the law as it stands, while telling a story about the actions of the defendant that explains his criminal storyline. Writing a good legal indictment is even harder, as it demands a compelling and truthful narrative that recounts the details of the specified crimes with precision and flair.
Yesterday, Jack Smith presented a remarkable piece of legal writing that explained the charges in a linear fashion, while describing the many actions of several co-conspirators, all acting in different ways, at different times, to effect a singular, criminal result.
Prosecutors write an indictment in paragraph form with a numerical order. They do this because they are presenting facts to the Court that they intend to prove at trial with witnesses and evidence that check off each accusation, one by one. There is nothing that has been detailed in this latest indictment that federal prosecutors are not able to prove, beyond a reasonable doubt, with resounding ability.
Smith issued the following statement about Trump’s latest indictment yesterday:
“The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.
The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.
Since the attack on our Capitol, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment, and our investigation of other individuals continues.
In this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. In the meantime, I must emphasize that the indictment is only an allegation and that the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”
The trial of the United States of America v. Donald J. Trump will be one that makes history — not only because the infamous actions of the defendant were so outlandish and brazen — but because the charges seek retribution for a singular, yet collective victim. The voters of America will have prosecutors representing them to defend their rights against a man who once represented the people. The voters of America will have their say against someone who represents a violent contingent that tried to overpower the rights and the will of the people by attempting to retain that power at any cost.
The trial must be made available to the public by being televised across all major networks as it occurs in real time. This will be an historical event, worthy of such coverage, and will also will act as a critical platform for education for the portion of this country who is still ensnared in the spell of lies Trump cast following the election. Most importantly, the final paragraph of Jack Smith's indictment spells out why the trial of Donald Trump must be televised:
“DONALD J. TRUMP did knowingly combine, conspire, confederate and agree with co-conspirators, known and unknown to the Grand Jury, to injure, oppress, threaten and intimidate one or more persons in the free exercise and enjoyment of a right and a privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one’s vote counted.”
At the finale of his indictment, Jack Smith reminds us all why the victim in this case is so important — because it is all of us, even those who think they support Donald Trump’s illegal efforts. The alleged crime was perpetrated against the American people and in order for the victims of his crimes to have justice, they must all have access to every detail provided at his trial, in real time.
In this case, the predicate crime of methodically disseminating misinformation to the masses in order to brainwash them into pledging their undying support can only be combated by an undeniable and unyielding declaration of the truth. Given this modern age, the best way to accomplish this task is to bombard the electorate with each and every portion of Donald Trump’s trial, complete with the requisite proof that will ultimately ensure a conviction of the former president. After that, those of us on the right side of history and the law will have done everything in our power to bring the truth to each and every victim.
Amee Vanderpool writes the SHERO Newsletter, is an attorney, published author, contributor to newspapers and magazines, and an analyst for BBC radio. She can be reached at avanderpool@gmail.com or follow her on Twitter @girlsreallyrule.
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I cheered when I heard of the fourth count in his indictment - for the first time in the past 3 years I finally heard something that spoke of me - and what I had/have lost because of his actions. I want - no, I demand that my right to be a participant in the election of our leader(s) be counted and seriously defended. How dare him/them!
And yet Republicans are once again rallying behind him, except for the "no hopers" in the primary (Chris Christie, Asa Hutchinson). Even the supposedly "rational and normal" Tim Scott is offering words of support for the Former Guy.
What does it say about this country--or a huge chunk of it, anyway--that an indictment for trying to overturn a free and fair election actually INCREASES your popularity in your party? What does it say about this country that this execrable, seditious grifter stands an excellent chance of recapturing the White House in the next election, despite everything we already knew about him and what we have come to find out since the last election?