WASHINGTON (AP) — Donald Trump’s legal team is framing his indictment in the special counsel’s investigation of 2020 election interference as an infringement on the former president’s right to free speech. However, prosecutors argue that the case goes beyond Trump’s lies and focuses on the actions he took to undermine the election. In response to the charges being unsealed, defense lawyer John Lauro accused the Justice Department of criminalizing the First Amendment, stating that Trump relied on the advice of attorneys. Lauro also expressed his intention to slow down the case, despite prosecutors’ promise of a speedy trial. Nevertheless, legal experts argue that Trump’s First Amendment claims have little legal basis, especially considering the extent of the steps he and his allies allegedly took to subvert the election. Prosecutors assert that these efforts disrupted the essential function of the US government’s electoral process. Floyd Abrams, a First Amendment attorney, explains that if the case was solely about lies, Trump would have a more substantial defense based on free speech. However, the indictment theory is that Trump’s false statements were part of a broader scheme to steal the election. Lauro claims that the indictment attacks political speech, which is highly protected by the First Amendment. While it is true that the First Amendment allows for various forms of speech, it is well-established that lying to the public is not a crime. However, the indictment argues that Trump’s speech and falsehoods were intertwined with actions that aimed to subvert the election, making them potentially unprotected. These actions include the enlistment of fake electors, attempting sham election fraud probes, and pressuring Mike Pence to disrupt the counting of electoral votes on January 6, 2021. These actions ultimately led to the violent breach of the US Capitol by Trump’s supporters. Furthermore, Trump’s defense may argue that he genuinely believed his false claims in good faith. However, the indictment demonstrates that Trump was repeatedly informed by close associates that his claims were unfounded and his efforts were misguided. Moreover, some comments outlined in the indictment imply that Trump knew he had lost and that his actions were wrong. Trump’s defense also faces challenges in calling witnesses who may have informed him about election fraud, as these witnesses are potential co-conspirators and might be hesitant to testify. The legal proceedings will be overseen by Judge Tanya Chutkan, who is known for being tough on rioters and has previously ruled against Trump. Despite the questionable legal validity of First Amendment arguments, Chutkan is expected to allow the defense lawyers to present those arguments and let the jury determine the line between protected speech and illegal action.
Experts Question Viability of Trump Lawyer’s First Amendment Defense in Jan. 6 Case
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