Magnus
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- Jun 22, 2020
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State and federal prosecutors have charged former President Donald Trump and his allies with a host of felonies for their actions leading up to January 6, 2021. The charges range from the crimes of pressuring state officials to illegally overturn the 2020 election, to fabricating fake electors, to interfering with Congress’s electoral count. But one category of charges is conspicuously absent from the indictments: any charge of fraud related to the Save America PAC for fundraising off of the Big Lie (that Trump was the true victor of the 2020 election) and for the Big Rip Off (raising money for an election defense fund that did not exist).
However, the Roberts Court has reiterated that fraud is outside of the First Amendment’s protections, including in a new case, U.S. v. Hansen.
So far, Special Counsel Jack Smith has not charged any actions related to fundraising using the Big Lie or the Big Rip Off. But that is not because these avenues are legally foreclosed. Indeed, the DOJ frequently charges similar campaign finance cases with wire fraud. For their part, courts, from district courts to the Supreme Court, have been clear that fraud is not protected by the First Amendment.
www.justsecurity.org
Yup, Trump can still be hit with fraud for all his fund-raising activities. You can't rip off people (no matter how stupid your supporters are) by claiming a lie. No matter how many times you repeat it.
Wire Fraud and Scam PACs
Federal prosecutors have long relied on wire fraud when charging individuals with sundry campaign finance related crimes. These prosecutions are bipartisan, charging Republicans and Democrats alike.Fraud and the First Amendment
Trump’s lawyers have already been relying on the argument in the press that the various criminal prosecutions he is facing are attempts to criminalize free speech in violation of the First Amendment.However, the Roberts Court has reiterated that fraud is outside of the First Amendment’s protections, including in a new case, U.S. v. Hansen.
So far, Special Counsel Jack Smith has not charged any actions related to fundraising using the Big Lie or the Big Rip Off. But that is not because these avenues are legally foreclosed. Indeed, the DOJ frequently charges similar campaign finance cases with wire fraud. For their part, courts, from district courts to the Supreme Court, have been clear that fraud is not protected by the First Amendment.

How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment
Special Counsel Jack Smith could charge Donald Trump with federal wire fraud for his fundraising off of the Big Lie.

Yup, Trump can still be hit with fraud for all his fund-raising activities. You can't rip off people (no matter how stupid your supporters are) by claiming a lie. No matter how many times you repeat it.