[ April 12, 2026 ]
Harvard Law School professor emeritus Alan Dershowitz says that under his own “fraud” standard, Special Counsel Jack Smith could be indicted for omitting a key portion of then-President Donald Trump’s speech in Washington, D.C. on January 6, 2021.
The indictment “is one of the strangest documents I’ve ever read. To show you how open-ended and broad this indictment is..under the terms of this indictment, Jack Smith (the prosecutor) could be indicted. The core of the indictment is that Donald Trump lied to the public…but Jack Smith lied. In his indictment, he outlined the speech that Donald Trump made on Jan 6th…but he deliberately, willfully, and with malice leaves out key words. He doctors the speech.”
Attorney Alan Dershowitz responded to Jack Smith’s latest federal indictment against President Trump on Tuesday.
By Tania Koy, August 3, 2023:
ADVERTISEMENTThe indictment included four counts of Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights.
On Thursday, Trump was arrested and arraigned at the Elijah Barrett Prettyman Federal Courthouse in DC.
Dershowitz read the 45-page indictment thoroughly and carefully before commenting that it consists of a “retread J6 committee garbage, free speech violations by the Biden DOJ who should know better, and ESP-like assumptions and mind-reading nonsense”.
“It is one of the strangest documents I have ever read,” Dershowitz said, calling the indictment “open-ended and broad.”
Dershowitz said under the terms and conditions, Jack Smith “could be indicted.”
ADVERTISEMENT“Let me explain why. The core of the indictment is that Donald Trump lied to the public. He lied! He just lied to the public!” Dershowitz said.
He continued, “But Jack Smith lied. In his indictment, he outlines the speech that Donald Trump made on January 6. It’s a very important part of the indictment. [Jack Smith] deliberately, wilfully, and with malice leaves out the keywords! He doctors the speech!”
Jack Smith, much like the corrupt liars on the January 6 Committee omitted Trump’s call for his supporters to protest “peacefully and patriotically.”
“He leaves out the part that Donald Trump said, ‘I want you to protest peacefully and patriotically.’ – Peacefully and patriotically. Those are the two words that bring him within the First Amendment!” Dershowitz added.
WATCH:
And this from Breitbart News:
Dershowitz: Jack Smith Could be Indicted for Fraud for Omitting Trump’s ‘Peaceful’ Statement
Harvard Law School professor emeritus Alan Dershowitz says that under his own “fraud” standard, Special Counsel Jack Smith could be indicted for omitting a key portion of then-President Donald Trump’s speech in Washington, D.C. on January 6, 2021.
ADVERTISEMENTThe indictment charges Trump with four counts, including “conspiracy to defraud the United States.” But in a portion recounting Trump’s speech at the “Stop the Steal” rally, Smith repeats the errors made by House Democrats in Trump’s second impeachment trial: he focuses on Trump’s use of the phrase “fight like hell,” and omits a sentence highlighted by Trump’s defense team: “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
Dershowitz told the Megyn Kelly Show podcast on Friday that by his own standard, Smith could be charged with fraud, because of his omission of Trump’s “peaceful” rhetoric.
“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.
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