WASHINGTON — After Donald Trump was indicted on charges he tried to steal the 2020 election, his attorneys argued the former president is protected by the the First Amendment's guarantees of free speech for all Americans.
Legal experts say that claim may not hold up in court.
The indictment against Trump alleges he knowingly used false election fraud claims to influence election officials. He's also accused of trying to impede a congressional proceeding on Jan. 6, 2021, when the 2020 election results were being certified, and working with co-conspirators to recruit fake electors.
After he was indicted, Trump alleged in a Truth Social post that “The Radical Left wants to Criminalize Free Speech!" John Lauro, one of Trump’s attorneys in the case, also argued on the "Today" show Trump had the right to raise questions about election integrity under the First Amendment.
Trump's indictment quickly drew ire from Republicans in Congress, including Sen. Tom Cotton, R-Ark., and Rep. Elise Stefanik, R-N.Y., who also accused prosecutors of targeting Trump's freedom of speech.
But the indictment notes that Trump, like other Americans, had the right to “speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud.” It's core argument is that Trump knowingly spread false claims to advance a conspiracy to take the election from now-President Joe Biden.
Trump "cannot be defended by arguing that his statements were just free speech...Trump’s...
It’s starting to look like somebody’s got a serious vendetta against Future and will stop at nothing to try and destroy his brand and career because the math isn’t mathing and facts just aren’t li...