His motive doesn’t matter if the underlying crime still fits.
Trump made the same argument against the NY falsification charges and lost. The fact that the prosecutor may have an improper motive is irrelevant if the charges are actually punishing the action, which this still does.
Trump’s DOJ …
Trump made the same argument against the NY falsification charges and lost. The fact that the prosecutor may have an improper motive is irrelevant if the charges are actually punishing the action, which this still does.
Trump’s DOJ …
Comments
Also a # of people argued the J6 charges were brought with the same motive by Biden’s DOJ.
It didn’t matter b/c the charges still targeted the criminal actions and not the underlying motive for the actions.
1A is only implicated if he’s charged with under a statute criminalizing burning an american ..:
It punishes the action and not any “speech” that may be behind the action in the exact same
way that arson in interstate commerce does.
And 2332a doesn’t have that problem just like arson in interstate commerce doesn’t.