Latest Smith indictment might include a little used law called “conspiracy against rights”

Smith looking for "optics" as the law originally was created to combat the KKK

Under the statute, it is a crime for two or more people to “injure, oppress, threaten or intimidate” anyone “with intent to prevent or hinder his free exercise or enjoyment of any right or privilege” the person enjoys under the U.S. Constitution.

The theory is that alleged election meddling by Trump and his allies could be held to have oppressed those voters who cast ballots with every expectation that the legitimate result of the election would be upheld.

So does anyone believe it is a coincidence that Smith is going to try to use a law associated with the KKK to put Trump on trial in the cozy comfort of a Washington DC courtroom? Imagine 12 rabid Democrats literally drooling in anticipation of being able to find the bad orange man guilty of a KKK related crime. They probably suspect that he lynches black people on Friday nights just for kicks or at least will pretend to!

The reality is that this is just another example of prosecutors trying to fit a square peg into a round hole. They don't like Trump's behavior so they search for laws that they can use to "criminalize" the behavior that bothers them. When the suggestion of a crime requires you to create a "theory" about how it applies, then you know this is not going to be obvious to most.

This is exactly what happened in the Alvin Bragg indictment. He did not like the fact that Trump paid off Stormy Daniels prior to the election so he decided to try to criminalize it. The fact that NDAs are legal did not deter Bragg, who offered that it was illegal that the payment agreement between Trump and the Attorney who worked on the NDA did not include a detailed and specific mention of the NDA for the general public to view. There is no law that states as much so Bragg charged him with the generic criminal falsification of records. So far Bragg has not provided who was financially defrauded or what crime was being covered up (the two qualifications for falsification of records to be considered a felony). He apparently is relying on the classic parental stand by. It's illegal because he says so.

From what we can tell, the same holds true for the possible indictment in Georgia. The prosecutor there is expected to come up with some sort of fraud or some sort of "obstruction" as if complaining about losing an election (Hillary Clinton anyone) is obstruction and therefor illegal. Any attempts to undermine that election (lawsuits, questions, phone calls) make that crime even more obvious. Who cares if election protests and contests happen all the time? Who cares if complaining about an election or even calling a Governor is perfectly protected under the constitution. This prosecutor doesn't like that Trump questioned the Biden win in Georgia and therefor is twisting the law to criminalize his behavior.

The classified documents issue is a bit more complicated and probably the only indictment that has ever been used by other prosecutors for anything similar. The problem with this indictment is that Trump is not some military person who passed along classified documents, or an aid who sticks classified documents in his pants to sneak it out of a secured location. Trump is one of six Presidents to have been overseen by the Presidential Records Act and the only one who had his Presidential Records questioned. As a reminder, President Obama moved all of his records to a warehouse in Chicago, his records also included classified documents, and nobody gave a second thought to charging him with a crime. Why Trump?

Time will tell what (if anything) Smith charges Trump with over the Jan 6th protests. But the fact that your legal experts at this point cannot even agree amongst themselves as to what the most likely charges will be, then you know Smith has another square peg and there is currently not a square hole for him to place it in.