3min chapter

FiveThirtyEight Politics cover image

The Politics Of Prosecuting Trump

FiveThirtyEight Politics

CHAPTER

Do You Know What the DOJ's Going to Do With Donald Trump?

There hasn't been a smoking gun of the caliber that I think you would need to make something like this palatable and successful in a court of law. The DOJ has been doing their own investigation they could have all kinds of stuff that obviously I don't know about and that hasn't been part of the hearings. They will have to address a formidable defense that Trump's speech on January 6 no matter how irresponsible or how full of lies was after all a political speech and thus protected by the First Amendment.

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