The former president was indicted Wednesday - his third federal indictment in 2023 - on charges stemming from his efforts to remain in the White House after the 2020 election by proving election fraud. The indictment from a federal grand jury accuses Trump 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.
In a press conference describing the indictment, Special Counsel Jack Smith called Trump's efforts an “unprecedented assault” on democracy. That description mirrors the claim by many Leftists that Trump and his supporters attempted an "insurrection" against the federal government on January 6, 2021, that has been likened to Japan's Pearl Harbor attack and the U.S. Civil War.
Rep. Bob Good (R-VA), however, sees a completely different situation in politics and the courts. This third indictment, he believes, is another example of a weaponized Department of Justice whose actions have gone unchecked so far.
“If they prevail a year and a half from now," he said of the Democratic Party, "and Biden or a Democrat wins, and [Attorney General] Merrick Garland and his ilk stay in power, and [FBI Director] Christopher Ray stays in power, what would they do in a second term?"
Good, who made his comments on American Family Radio, asked rhetorically if Democrats will go after more of their political enemies if they keep the White House in 2024.
"How far will they go?” Good warned show host Jenna Ellis.
Those who disagree with President Joe Biden’s administration are already being subjected to similar treatment by their own government and its powerful people. Whether it’s using the FBI to threaten parents for speaking out at local school board meetings; or pursuing Catholic congregations in search of domestic terrorists; or a favorable plea deal for Hunter Biden; or the DOJ’s disinterest in Biden family corruption, there are numerous examples of what conservatives are calling a “two-tired” justice system that protects some and punishes others.
“The Department of Injustice shows not even curiosity about the mounting evidence of the Biden crime family," Good complained. "Where is the special prosecutor, the special investigation? Where are the statesmen Democrats, the senators, the Congress members saying, ‘Hey, what did the president know and when did he know it, or what did he do, and when did he do it?’”
A history lesson on 'resist'
From a legal standpoint, the most recent indictment might have an uphill climb if it wasn’t heard in Washington, D.C., according to former Kansas attorney general Phill Kline, who is now an associate professor of law at Liberty University.
“I’m concerned about that D.C. jury pool,” Kline told "Washington Watch" host Jody Hice on Wednesday.
Trump and his attorneys are concerned, too, because of D.C.'s politics so they are expected to request a change of venue. Trump has suggested West Virginia as a fairer location.
Regarding the four charges announced this week, Smith will have to prove Trump is lying, Kline said.
“The factual predicate that Jack Smith puts forth is that Trump knew he was lying when he made claims about the election," Kline explained. "He forwarded those claims in order to exert pressure improperly to get others to act inconsistent with their constitutional role and duties as it relates to counting the electoral votes in Washington on January 6th. That is count one."
Echoing Congressman Good's warning about a weaponized Justice Department, Kline said the indictment brings charges against Trump for the very same thing Democrats said after Trump won election in 2016. Back then, Democrats called Trump an "illegitimate" president who owed his win to Russia and Vladimir Putin. The hash tag "#resist" went viral on social media, and some on the federal payroll actively worked against their boss.
“Christine Pelosi led an effort, and there was intimidation of electors to delay the electoral vote and the certification because of the Russian collusion claim. In fact, it resulted in violence around the country,” Kline recalled.
Christine Pelosi, the daughter of former House speaker Nancy Pelosi, is a Democratic strategist from California.
Kline says the indictment is really an assault on free speech.
“The concern if you’re a civil libertarian, or concerned about the First Amendment, is that what the former president did is argue forcefully that other things and other steps should be taken," Kline insisted. "That is speech. That's not inciting violence. That's not intimidating people wrongfully."
For that reason, Kline reasoned, Jack Smith is "walking down a very dangerous path of criminalizing differences of opinion and political speech.”
'Pressure growing' for impeachment
The conspiracy of rights charge can be viewed several ways, Kline went on to explain in the radio interview.
“In the global sense, it’s the right of the American people through a majority vote in the Electoral College to select their president," the legal scholar said. "In a more targeted sense, it’s the exercise of authority by Mr. (vice president Mike) Pence or the exercise of authority by the electors that were certified within the states."
That particular category of criminal activity, Kline said, can be traced to Reconstruction when southern states conspired to prevent blacks from voting.
Back in the AFR interview with Rep. Good, the congressman says Republicans are not sitting on their hands watching our federal government hurt its political enemies while the Biden family stands accused of bribery and other crimes. That is why impeachment is moving forward.
“There certainly should be an inquiry based on the mounting evidence coming out of the Oversight Committee and the Judiciary Committee, and I hope the Speaker will follow through on that,” Good said. “The pressure is growing as more and more evidence comes out, and it becomes more and more impossible for anyone to ignore that.”
