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☆ Trump's free speech defense may fall short in election subversion trial
▼ + stars: | 2023-11-06 | by ( Andrew Goudsward | ) www.reuters.com time to read: +6 min

Trump’s defense lawyers, in a flurry of legal motions, have argued that the case by Special Counsel Jack Smith "attempts to criminalize core political speech and political advocacy." At trial, legal experts say Trump will likely not be allowed to argue to a jury that his conduct was protected by his First Amendment right to free speech because such legal questions are resolved by the judge. Those claims complement his political case as an anti-establishment crusader whose movement is opposed by powerful foes seeking to silence him. Criminal defendants can use the defense to argue they sought legal opinions and did not intend to break the law. Three former Trump lawyers have already pleaded guilty in Georgia, including Kenneth Chesebro, who drafted memos crafting the fake elector scheme.

Persons: Donald Trump, Octavio Jones, Jack Smith, Trump, Democrat Joe Biden, Trump . Trump, Jonathan Turley, Mike Pence, “ He’s, ”, Ty Cobb, “, Arthur Engoron, Mr Kise, Engoron, Christopher Kise, Tanya Chutkan, Kristy Parker, ” Trump, William Barr, Kenneth Chesebro, Andrew Goudsward, Scott Malone, Jonathan Oatis Organizations: U.S, Republican, Florida Freedom Summit, Gaylord, Convention, REUTERS, Rights, Democrat, Trump ., George Washington University, Trump, Protect Democracy, Capitol, Prosecutors, Thomson Locations: Florida, Kissimmee , Florida, U.S, Washington, New York, Georgia

☆ It’s No Surprise That Donald Trump Is Being Charged Under a Reconstruction-Era Law - The New York Times
▼ + stars: | 2023-08-03 | by ( Ian Bassin | Kristy Parker | ) www.nytimes.com time to read: +3 min

Other Reconstruction-era laws are also in the center of debates today. That guarantee was ratified in 1868 to reverse the Supreme Court’s Dred Scott decision holding that African Americans were not citizens. And recently, our organization filed a voting rights lawsuit under the 1870 law that readmitted Virginia to the Union. Ian Bassin is a co-founder and the executive director of the group Protect Democracy and a former associate White House counsel. Kristy Parker is counsel at Protect Democracy and the former deputy chief of the criminal section of the Justice Department’s Civil Rights Division.

Persons: Trump, Dred Scott, intransigence, Ian Bassin, Kristy Parker Organizations: Boys, Charlottesville Unite, Mr, Black, Capitol, Union . The, Union . The Virginia Readmission, Protect Democracy, White, Justice Department’s Civil Rights Division Locations: Charlottesville, United States, New Mexico, Virginia, Union . The Virginia

☆ Analysis-US Civil War-era rights law key in Trump election interference charges
▼ + stars: | 2023-08-02 | by ( Jack Queen | Sarah N. Lynch | ) www.reuters.com time to read: +5 min

(Reuters) - A law enacted in the aftermath of the U.S. Civil War to protect the rights of Black people factors into the charges brought against former President Donald Trump on Tuesday in a federal election interference case. Kristy Parker, a former federal prosecutor, said many efforts by Trump and his allies to overturn the election targeted urban areas with large populations of Black voters who voted for Democrat Joe Biden. The scheme explicitly targeted Black voters. To prevail against Trump, prosecutors must prove he conspired with at least one other person to deprive voters of their right to a fair election, regardless of whether he was successful. But even if prosecutors have a strong legal case, Trump would need just one holdout juror to trigger a mistrial.

Persons: Donald Trump, Lindsay DeDario Trump, Joe Biden’s, Kristy Parker, Trump, Joe Biden, “, ”, Parker, Black, disenfranchisement, Hillary Clinton, Trump’s, Eric Gibson, ” Gibson Organizations: Reuters, U.S ., U.S, Republican, REUTERS, Democracy, Klux Klan, ” Prosecutors, Supreme, Trump, Congress Locations: U.S . Civil, Erie , Pennsylvania, U.S, Black, Atlanta, Detroit, Philadelphia, Brooklyn, Pennsylvania

REUTERS/Lindsay DeDarioAug 2 (Reuters) - A law enacted in the aftermath of the U.S. Civil War to protect the rights of Black people factors into the charges brought against former President Donald Trump on Tuesday in a federal election interference case. The scheme explicitly targeted Black voters. To prevail against Trump, prosecutors must prove he conspired with at least one other person to deprive voters of their right to a fair election, regardless of whether he was successful. Trump could argue that he is innocent because he did not intend to break the law. But even if prosecutors have a strong legal case, Trump would need just one holdout juror to trigger a mistrial.

Persons: Donald Trump, Lindsay DeDario, Trump, Joe Biden's, Kristy Parker, Joe Biden, “, Parker, Black, disenfranchisement, Hillary Clinton, Trump's, ”, Eric Gibson, ” Gibson, Jack Queen, Sarah N, Lynch, Noeleen Walder, Howard Goller Organizations: U.S, Republican, REUTERS, U.S ., Democracy, Klux Klan, Prosecutors, Supreme, Trump, Congress, Thomson Locations: Erie , Pennsylvania, U.S, U.S . Civil, Black, Atlanta, Detroit, Philadelphia, Brooklyn, Pennsylvania, New York, Washington

REUTERS/Kevin Fogarty/Photo... Read moreAug 1 (Reuters) - The charges brought against former President Donald Trump on Tuesday in the federal election interference case are based in part on a law enacted in the aftermath of the U.S. Civil War to protect the rights of Black people. Federal prosecutors base one charge, conspiring to deprive citizens of constitutional or legal rights, on a law enacted during post-Civil War Reconstruction in 1870, when federal lawmakers sought to integrate into society enslaved people who had been freed. The scheme explicitly targeted Black voters. Trump could argue that he is innocent because he did not intend to break the law. But even if prosecutors have a strong legal case, Trump would need just one holdout juror to trigger a mistrial.

Persons: Donald Trump, Kevin Fogarty, Read, Trump, Joe Biden's, Kristy Parker, Joe Biden, “, Parker, Black, disenfranchisement, Hillary Clinton, Trump's, ”, Eric Gibson, ” Gibson, Jack Queen, Sarah N, Lynch, Noeleen Walder, Howard Goller Organizations: U.S, REUTERS, U.S ., Republican, Democracy, Klux Klan, Prosecutors, Supreme, Trump, Congress, Washington , D.C, Thomson Locations: U.S . Civil, Black, Atlanta, Detroit, Philadelphia, Brooklyn, Pennsylvania, U.S, New York, Washington ,

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