Conservative attorney A.G. Hamilton, known for his articles in the National Review, recently voiced his criticism on Twitter against some of his right-wing counterparts. These individuals framed special counsel Jack Smith’s latest indictment of ex-President Donald Trump as merely a “free speech” issue.
Hamilton emphasized that the indictment isn’t merely about Trump’s false assertions of fraud in the 2020 elections. Instead, it centers on his alleged attempts to use those baseless claims to unlawfully challenge the election’s certified results. He commented, “What Trump and his team attempted on Jan 6th was extreme. The misinformation and conspiracy theories were just the tip of the iceberg.”
He referenced the memo from attorney John Eastman, which falsely asserted that the then-Vice President, Mike Pence, could unilaterally reject election outcomes. Such a proposition, Hamilton argued, would render the American democratic system unmanageable.
Drawing a hypothetical scenario to illustrate the flaws in Eastman’s logic, Hamilton wrote, “Imagine, under their suggested protocol… Democrats could simply present random claims of Biden’s victory by alternate electors in some states in 2024. This would empower Kamala Harris to dismiss legitimate electors in those states and proclaim Biden as the victor.”
He also highlighted moments when even Eastman appeared to doubt the legitimacy of his legal strategies. Hamilton commented on Eastman’s approach, saying, “Even with his awareness that such tactics are legally questionable and undermine the Constitution, Eastman’s final stance is that legalities are secondary. They can merely argue that courts shouldn’t intervene since it’s a political matter.”