How Donald Trump’s Indictment Could Backfire on Joe Biden

“…The latest Trump indictment, based on little new evidence and even less established law, faces a major threshold challenge under the First Amendment. Smith is seeking to criminalize what constitutes disinformation, which not only runs against the grain of the First Amendment but also prior cases. That includes United States v. Alvarez, which overturned the conviction of a politician for knowingly lying about his military background.

The Justice Department acknowledges that the Constitution protects false statements made in political campaigns. Yet it maintains that Trump can be convicted for lying because he really did not believe what he said…”