On Tuesday, President Joe Biden’s Justice Department took the unprecedented step of indicting former President Donald Trump — Biden’s chief rival in the upcoming 2024 election — for repeatedly expressing his opinion that the last election was stolen, rigged, and unfair.

It’s an opinion millions of Americans share, and to which they are unquestionably entitled thanks to the First Amendment. That includes Trump, who has said repeatedly (and recently) that the 2020 election was stolen. He’ll probably keep saying it until his dying day, and he has every right to do so.

The idea that our Justice Department can indict someone, especially the sitting president’s main political rival, over speech that’s protected by the First Amendment is simply insane. It puts us firmly into banana republic territory, where tinpot dictators jail their political opponents ahead of election day to ensure their “reelection.”

Simply put, this indictment is nothing more than a declaration of war against American voters and their constitutional right to free speech. As Jonathan Turley noted on Twitter, “If you take a red pen to all of the material presumptively protected by the First Amendment, you can reduce much of the indictment to haiku.”