Trump Indictment Attacks First Amendment

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National File was the first media outlet to break the “Pence Card” memo, stating that the Vice President has the constitutional authority and duty to send electors back to the states for recertification amidst the contested 2020 Presidential Election. Although National File was the first to break the story, this theory has existed since America’s founding. Tuesday, it was revealed that Trump’s retweet of the Pence Card theory played a significant role in Jack Smith’s indictment. In Joe Biden’s America, retweeting legal theories is now illegal.

The Trump indictment read, “On December 23, the Defendant retweeted a memo titled “Operation ‘PENCE’ CARD,” which falsely asserted that the Vice President could, among other things, unilaterally disqualify legitimate electors from six targeted states.”

This is unbelievable on so many levels; for starters, a retweet is not an endorsement, which is well-known on Twitter. Many Twitter users retweet ideas they find interesting. Smith has no proof of Trump’s mindset when he hit retweet.


For the sake of argument, if Trump’s retweet of the Pence Card was an endorsement of the theory, Trump is still protected under the 1st Amendment. Most lawyers would be locked away if sharing legal theories was a crime.

America’s founding fathers set up a governing system designed for the debate. That’s the beauty of America’s system of governance. If Pence sent the votes back to the states, the United States Supreme Court would have certainly stepped in, which is ok. Our founding fathers created the Supreme Court and the Judicial branch for reasons like election disputes.

The United States Senate found Trump not guilty in J6-related impeachment charges. These charges also brought up the Pence card. Every single Senator that voted not guilty won reelection in 2022.

The Biden DOJ’s latest indictment of Trump trampled America’s founding values. Once voters realize this, expect Trump’s lead on Biden to grow even more.

In Case You Missed It:

Jack Smith Admits To Making False Claim To Court In Trump Case

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