Trump's legal defense in his Jan. 6 indictment appears to be taking shape, according to recent comments by his attorney John Lauro.
on Thursday to four felony counts, including conspiracy to defraud the United States, conspiracy against rights and obstruction of an official proceeding.
Former President Donald Trump speaks during the 56th annual Silver Elephant Gala in Columbia, S.C., Aug. 5, 2023.Multiple experts have countered the issue of intent is more complicated than relying on a defendant's statement about his state of mind and that it is usually inferred or proven through circumstantial evidence.
Lauro repeatedly described the Justice Department's case as an "attack" on free speech and the constitutionally protected ability to "petition" the government for appropriate redress. The indictment made clear that Trump had a right to speak publicly about the election and to make false claims about fraud. It also noted that Trump took his case to the courts in dozens of lawsuits alleging fraud or irregularities and lost.
"There is no general First Amendment shield against criminal liability," said Aziz Huq, a professor of law at the University of Chicago. Huq noted speech used in furtherance of a crime is generally not protected.
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