JACK SMITH ON DJT FRAUD PER JAN 6 ASSAULT ON CAPITOL ( EXCERPTS )
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power,” Mr. Smith said, according to the transcript.
And Mr. Smith appeared intent on making another point: that he was unfazed by Mr. Trump’s vow to prosecute him.
“I am eyes wide open that this president will seek retribution against me if he can,” he said.
According to the transcript, Mr. Smith pushed back hardest when Republicans suggested Mr. Trump’s public statements after the 2020 election were protected under the First Amendment.
“Fraud is not protected by the First Amendment,” he said in the interview.
“There is no historical analog for what President Trump did in this case,” Mr. Smith responded.
“He was free to say that he thought he won the election — he was even free to say falsely that he won the election,” Mr. Smith said. “But what he was not free to do was violate federal law and use knowingly 19 false statements about election fraud to target a lawful government function.”