In my usual non-lawyerly way, I want to point out a pattern that I’ve observed over the past year or so: Every time President Trump increases his polling lead, the Biden administration comes storming in and slaps him with some cockamamie set of criminal charges.  

I’m using the word “cockamamie” because I think it’s all political. It’s all weaponization. It’s all to try to protect President Biden.  If people reading this disagree with me, I respect your disagreement. Always do. Hope you know that.  

Yet I continue to believe that Mr. Biden will do anything, and use any means of government power, to prevent Mr. Trump from running against him. Political geniuses inside the Washington Beltway think Mr. Trump’s the easiest guy for Mr. Biden to beat. Something tells me, Mr. Biden doesn’t agree with that wisdom.  

In short, I believe Mr. Biden wants his minions to throw Mr. Trump in jail. Of course, a hundred years ago, socialist Eugene V. Debs actually ran for president from jail. That was then, and this is now.  

At least one well-regarded columnist believes one of the new charges against Mr. Trump could conceivably lead to the death penalty.  

I’m sure it was just a coincidence that one day after Hunter Biden’s former BFF, Devon Archer, fingered President Biden as a major-league pay-for-play influence peddler — just one day later — the Department of Justice and Special Counsel Jack Smith come out with one obstruction and three conspiracy counts related to the 2020 election. Just a coincidence, right?  

Just like last spring, when the House Oversight Committee chairman, James Comer, disclosed all the Biden family suspicious accounts and payments, District Attorney Alvin Bragg a couple of weeks later went after Mr. Trump.  

Then, in early June, when Mr. Comer and Senator Grassley unveiled the Biden-Burisma bribery FBI 1023 forms, the very next day Attorney General Garland and Mr. Smith came crashing down on the Mar-a-Lago documents indictment. Just a coincidence, mind you.  

Then, last week, Hunter Biden’s “sweetheart” plea deal fell apart in a Wilmington court. The very next day, Mr. Smith unveiled new Mar-a-Lago charges. I’m sure that was another coincidence. 

Fundamentally, this non-lawyer observes: There was no insurrection charge leveled at Mr. Trump. That would’ve been the criminal, judicial golden ring for Mr. Smith, but Mr. Trump incited nothing.  

All the rest of this stuff looks to me like a lot of politicized legal gobbly-gobble of obstruction and conspiracy counts that make no sense. In this country, with First Amendment free speech protections, you are free to be right, and you are free to be wrong.  

If you say something and you’re wrong, you don’t get prosecuted. You don’t go to jail, and you don’t get stood up in front of a firing squad. That’s America.  

What Mr. Biden is doing with his justice department is not about America. It’s about subverting the very democratic principles that Mr. Biden sometimes talks about. You can’t criminalize somebody over a disagreement.  

You may like Mr. Trump or you may not like him, but he has a right to believe that he won the election in 2020. And, by the way, the Wall Street Journal editorial page — a distinguished page that is strongly opposed to Mr. Trump — writes about how the Supreme Court has ruled that presidents are entitled to absolute immunity from damages and liability, predicated on their official acts.  

One last non-lawyerly point: The justice department and the FBI have spent a lot of time obstructing a growing body of evidence that Mr. Biden himself is in a heap of trouble — criminal trouble — with respect to influence peddling, bribery, money laundering, wire fraud, and other potential charges.  

These are, at the moment, allegations, but there’s also hard, cold evidence behind these allegations. In Mr. Biden’s case, it’s not about free speech, or criminalizing disagreements.  

We will have a proper final jury decision on all of this on November 5, 2024. That’s the way American democracy works.

From Mr. Kudlow’s broadcast on Fox Business Network.