Trump Lawyer Hints At A First Amendment Defense In The Jan. 6 Case. Some Legal Experts Are Dubious
Huff PostLOADING ERROR LOADING WASHINGTON — Donald Trump’s legal team is characterizing his indictment in the special counsel’s 2020 election interference investigation as an attack on the former president’s right to free speech. Those efforts, prosecutors wrote in the indictment, amounted to a disruption of a “bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.” “If all that this was about was lies or the alleged lies of President Trump, then he’d have a pretty good legal defense based on the First Amendment,” said Floyd Abrams, a longtime First Amendment attorney. In one encounter days before the riot, Trump told Pence he was “too honest” after the vice president said he didn’t have the authority to reject electoral votes, the indictment says. “The worry for a judge will be, ‘Well, if I don’t let this evidence come in, if I don’t let the present former president raise the defense of First Amendment and he’s found guilty, then there’s the risk of another trial,’” Fishwick said.