We do not have the whole story yet about Trump’s payments to several women through his lawyer Michael Cohen. As Judge Napolitano points out, there may be other evidence (records, tapes, witnesses, memos, e-mails) that will come out. We have Trump’s rebuttal as presented in this news article.
However this plays out, it doesn’t affect Trump’s guilt or innocence. He’s innocent under the First Amendment. Trump could pay a hundred women off during an election season and still not be guilty of any crime. The crime is in campaign finance laws that are unconstitutional. They are fake laws, counterfeits, forgeries, shams. They are part of that vast superstructure of “laws” and “regulations” by which Congress has overridden the Constitution. It matters little whether this lengthy process was intended by the Framers, was a result of weaknesses in the document, or occurred as each new generation lost the meaning of the Revolution and adopted new sentiments. The effect is the same. We operate our politics in an “Alice in Wonderland” environment.
The First Amendment states “Congress shall make no law…abridging the freedom of speech…” This prohibition is libertarian in nature because speech is not physically aggressive. Exceptions are carved out by libertarian theory under the heading of lies that amount to fraud or such; but these do not alter the main thrust of the First Amendment, which is to prohibit the curtailing, restriction and censorship of free speech. Naturally, property-holders can determine speech on their property, but that too doesn’t alter the meaning of the First Amendment language.
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