This is not an indictment, this is a Jake Tapper "news" script.

He is claiming that Trump's "lies" about the election "fueled" the January 6th riots, and therefore.... Trump is criminally culpable?

That's not how this works. That's not how any of this works. It has been established and reaffirmed over a century that the only speech that can be criminalized is direct, unambiguous incitement telling people to commit a crime. And further, even if you do tell people to commit a crime (as communist and anarchist revolutionaries often do), the speech can only be criminal if there is a clear and present danger of the crimes being committed.

You cannot be charged for "incitement" for expressing your political beliefs about the outcome of an election, or else every fucking Democrat, including the cheerleaders and jock-sniffers on CNN and MSNBC, would be in prison since 2000.

But here go. Jack Smith, who got unanimously reversed on his partisan and faulty prosecution of another Republican, former Virginia governor Bob McDonald, is filing indictments he knows will not survive even the first level of review but he doesn't care, this is about the election, period.

Special Counsel Jack Smith said Tuesday that the Jan. 6, 2021, Capitol riot was "fueled by lies" from former President Donald Trump, who he charged today with "conspiring to defraud the United States, conspiring to disenfranchise voters and conspiring and attempting to obstruct an official proceeding."

Smith made a public statement shortly after the federal indictment against Trump was unsealed Tuesday afternoon and encouraged "everyone to read it in full."

"The attack on our nation's Capitol on January 6th, 2021, was an unprecedented assault on the seat of American democracy," Smith said Tuesday. "Described in the indictment, it was fueled by lies -- lies by the defendant -- targeted at obstructing a bedrock function of the U.S. government: the nation's process of collecting, counting and certifying the results of the presidential election."

The Democrats challenged the electoral count three times in the past 20 years. These attempts to derail a "bedrock part of the democrat process" were also fueled by lies.

Are we prosecuting them too?

Or nah?

Nah, right?

Smith added, though, that the indictment "is only an allegation and that the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law."

The indictment names only the former president but lists six unnamed co-conspirators. Smith said the investigation into "other individuals continues in this case."

Smith said the "men and women of law enforcement who defended the U.S. Capitol on January 6th are heroes."

This kind of political posturing and moral grandstanding is unbecoming and unprofessional for a "prosecutor." This is not an indictment, it's political rhetoric. I think there's a strong chance that this attempt to poison the voter pool with rhetoric designed to "incite" people to convict not based on the law but on passion will be mentioned in the order to quash these indictments.

"They are patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it," Smith said. "They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that defined the United States."

Smith said that "since the attack on our Capitol, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day."

Oh, just to really please Jake Tapper, Smith's brazenly political "indictment" includes charges potentially punishable... by the death penalty.

Special Counsel Jack Smith's indictment Tuesday against former President Donald Trump for his role in attempting to challenge the results of the 2020 presidential election includes several weighty felonies, including one for which death may be a penalty.

18 U.S.C 241, "Conspiracy Against Rights," includes a penalty of up to 10 years in federal prison. But it adds that if death results from the actions covered under this provision, the offender may be executed:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

One person -- Ashli Babbitt, a rioter shot by a law enforcement officer -- died as a result of the Capitol riot on January 6, which Smith said Tuesday was the result of Trump's claims about the election. But Democrats have blamed Trump for the unrelated deaths of several protesters and Capitol Police officers.

Americans cannot and should not obey, respect, or abide a corrupt Regime that criminalizes any attempt to bring to light the corruption of The Regime.

That is tyranny, and Americans do not abide tyrants.