Part 5/9:
Smith’s approach raises eyebrows due to its consistency but also its controversial legal theory. He argues that even statements made by politicians—particularly claims asserting election victory—can be prosecuted if deemed false under his interpretation, effectively challenging First Amendment protections. Smith explained to NBC News that Trump’s false claims about winning the 2020 election justified his indictment, a stance that many critics view as potentially overreach or a politicization of the justice system.