Can a Trump Indictment Spell Trouble for Biden’s Impeachment? Here’s What You Need to Know
Former President Donald Trump’s recent indictment relating to the 2020 election has sparked discussions about its potential impact on President Joe Biden’s impeachment. While Trump was not charged with sedition or conspiracy to incitement or insurrection, Biden may face personal implications if he views the case as such. Special counsel Jack Smith, who is building the case against Trump, could inadvertently create a serious problem for Biden, particularly regarding a House impeachment inquiry.
The latest indictment against Trump is based on limited new evidence and questionable legal grounds. Smith is attempting to criminalize disinformation, which contradicts established law and the First Amendment. The case rests on the argument that Trump can be convicted for lying because he allegedly did not believe what he said. However, these lies largely fueled the actions of third parties, rather than constituting a standalone crime or fraudulent activity. The complaint alleges that raising doubts about the election undermined the value and results of voting. Yet, previous challenges to the certification of presidential elections have been made without criminal charges.
The criminal intent in this case hinges on Trump acting on the advice of lawyers who believed there were grounds to challenge the election. While some, including myself, disagreed with Trump’s perspective on the election and the legal authority to overturn the results, following such advice is not a crime. It falls within the realm of protected political speech. Throughout history, presidents have lied on various matters, often at great cost to citizens. Criminalizing lies in political campaigns based on disinformation or disorder sets a dangerous precedent and grants unprecedented power to the Justice Department.
Interestingly, the linchpin used against Trump could potentially be turned against Biden, especially with House Republicans launching an impeachment inquiry. While third parties took steps to challenge the election and present alternative electors, Trump continued to publicly dispute the legitimacy of the election without effectively retracting his claims. Similarly, Biden has faced accusations of showing disregard for constitutional limitations, as his administration has implemented unconstitutional measures. For instance, Biden renewed a national eviction moratorium despite his own legal advisers warning him of its unconstitutionality. This order was subsequently deemed unconstitutional by the Supreme Court.
Furthermore, Biden has faced serious allegations regarding his response to a corruption scandal involving his son and others. It appears that Biden has lied to the public about critical details of the scandal, denying any knowledge or involvement despite mounting evidence to the contrary. The scandal revolves around Hunter Biden’s overseas business deals, which Joe Biden denied any financial ties to China. However, recent reports indicate that those denials were untrue, raising questions about Biden’s honesty and involvement. Denying knowledge and interactions while allowing staff members to propagate those denials adds to the accusations of guilt by implication or association.
Devon Archer, a former friend and associate of Hunter Biden, confirmed that they were leveraging Joe Biden’s name and position for business purposes. This revelation has implications for Biden’s credibility since he repeatedly denied knowledge of or involvement in his son’s activities. In congressional hearings, it was revealed that Joe Biden had meetings and dinners with Hunter’s business associates, contrary to his prior denials. Denying knowledge and involvement while engaging in such events raises concerns about Biden’s truthfulness.
Special counsel Smith’s approach, based on holding individuals accountable for knowing lies, could have serious implications for both Trump and Biden. For Biden, it could spark an impeachment inquiry in Congress. This legal standard of guilt by implication or association, applied against Trump, could potentially be used against Biden as well, making the situation highly personal for both presidents.
In conclusion, Trump’s indictment and the approach taken by special counsel Smith could create trouble for Biden’s impeachment. The broad application of criminalizing lies in political campaigns raises concerns about First Amendment rights and the power vested in the Justice Department. Biden’s own involvement in controversial matters and his alleged lies make him vulnerable to similar legal scrutiny. As the political landscape continues to unfold, the potential consequences for both Trump and Biden remain uncertain.