The indictment handed up by President Biden’s officers last night against his principal rival in the 2024 election is yet another exhibit in the argument that voters are better placed than jurors to render a verdict on President Trump’s actions on January 6. We don’t want to belittle how shocking Mr. Trump’s behavior was that day. To us, though, it looks as if Special Counsel Jack Smith felt his assignment was to come up with something.

Mr. Smith gamely emphasizes that the charges are but accusations and that Mr. Trump must be deemed innocent until proven guilty. It’s also nice to see him acknowledge that Mr. Trump “had a right, like every American, to speak publicly about the election and even to claim, falsely” that he had won it. If that’s okay, as we agree it is, why — other than the 2024 election — is the government in such an all-fired lather to prosecute all this as criminal?