284 Dershowitz: Jack Smith Could be Indicted for Fraud for Omitting Trump’s ‘Peaceful’ Statement (www.breitbart.com) 🧠 These commies are stupid! posted 1 year ago by LakotaPride 1 year ago by LakotaPride +284 / -0 Dershowitz: Jack Smith Could be Indicted for Fraud for Omitting Trump's 'Peaceful' Statement Dershowitz accused Jack Smith of a lie of omission in the Jan. 6 indictment when he left out that Trump told people to protest "peacefully." 51 comments share 51 comments share save hide report block hide replies
I see a problem here
Trump is not being charged for his speech.
It's not one of the charges.
But it does show he instructed them to go home peacefully.
It can be raised as a defense argument, but it's not going to get the indictment thrown out
This is true to a point. If it is to clear the person was innocent from the evidence and you charged and withheld this evidence. This is why the charge of prosecutorial misconduct exists.
Yes, Brady material needs to be turned over even if the person is guilty. And the prosecution doesn't decide how exculpatory the evidence is.
In general, I think people underestimating these cases and trying to magic wand them away.