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==Deposition==
 
==Deposition==
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In Smith's deposition before the [[House Judiciary Committee]] he attested the he was prepared to present witness testimony from [[Mike Pence]] and other political “[[Republican]]s” who told [[President Trump]] that [[Joe Biden]] had legitimately won the election, and Trump needed to concede.  This testimony then forms the baseline for the definition of “truthful information” that Trump rejected out of a malice mindset to continue clinging to power.
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In Smith's deposition before the [[House Judiciary Committee]] he attested the he was prepared to present witness testimony from [[Mike Pence]] and other political “[[Republican]]s” who told [[President Trump]] that [[Joe Biden]] had legitimately won the election, and Trump needed to concede.  This testimony then forms the baseline for the definition of “truthful information” that Trump rejected out of a [[malice]] [[mindset]] to continue clinging to power.
    
In essence, Smith defines what is “[[truth]]” (Biden won), then outlines how that truthful information was delivered and how President Trump dismissed it. Therefore, President Trump’s “[[mens-rea]]” or state of mind was one of promoting intentional [[false]]hood.  According to the [[Lawfare]] approach selected by Smith, this mindset is the predicate that blocks President Trump from using his [[first amendment]] right to speech as a defense.
 
In essence, Smith defines what is “[[truth]]” (Biden won), then outlines how that truthful information was delivered and how President Trump dismissed it. Therefore, President Trump’s “[[mens-rea]]” or state of mind was one of promoting intentional [[false]]hood.  According to the [[Lawfare]] approach selected by Smith, this mindset is the predicate that blocks President Trump from using his [[first amendment]] right to speech as a defense.
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