Senior writer Dan McLaughlin of the National Review is questioning the legal strategy of Trump’s lawyers. Notably, two precedent-setting cases appear to be absent from the motion to dismiss filed in Jack Smith’s D.C. case.The first is United States v. Gradwell. The National Review: As I have detailed here and here, the central charge against Trump in this case is an alleged “scheme to defraud the United States” under 18 U.S.C. § 371 on the theory that he tried to thwart the presidential-election process by various dishonest means, including trying to get Congress to throw out Joe Biden’s electors and substitute his own “alternative” slates. The problem for special prosecutor Jack Smith is that the United States Supreme Court held […]
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