Trump vs. Smith: Who Wins?

Mike Weisser
4 min readDec 9, 2023

As of today, Trump’s trial charging him with trying to overturn the results of the 2020 election appears to be set for April 2024. And this trial has been in and out of the news recently because of a gag order imposed on Trump who keeps warming up the MAGA world by shooting his mouth off about all his legal problems virtually every chance he gets, along with a filing this past week by Jack Smith which explains why certain evidence about Trump’s behavior not explicitly mentioned in the indictment needs to be introduced.

You can read download and read the indictment and this past week’s filing here, or you can take my word for what both documents contain and let’s get on with what I want to say.

And what I want to say in a nutshell is that as much as I would like to see Trump be assigned to Bernie Madoff’s cell in Butner or Michael Cohen’s cell at Otisville, I am not sure that Jack Smith can win this case unless one or more of the six unindicted co-conspirators agrees to show up in court and testify that Trump really did create and direct a conspiracy to remain in the White House no matter what the 2020 votes turned out to be.

I might not have been so willing to believe that Trump could come out of the January 6th trial without being found guilty until I read the new document which explains why certain evidence will be presented that does not directly relate to the charges in the original indictment, a strategy allowed under various previous rulings in other federal cases.

There are large sections of this new document which have been redacted because they evidently relate to the events which occurred in Fulton County and are part of that ongoing investigation and will probably appear when that case goes to trial perhaps in August of 2024.

Be that as it may, what we have here is not ‘evidence’ so much as various statements made by Trump on Truth Social or during interviews with digital and TV media, in certain instances going back as far as 2016 as well as statements he made after he was out of office in 2023.

I hate to say it, but Trump and his minions, most notably Minion #1 — Rudy Giuliani — have been hoisting the 1st-Amendment protection of speech up the flagpole ever since the various state and federal indictments started coming down and although…