Speculation has been mounting that Trump’s legal team may be preparing a First Amendment defense against charges related to the January 6 attack.
Defending former President Donald Trump by claiming that he was only exercising his “free speech” leading up to the January 6 attack is a losing legal strategy, according to William Barr, Trump’s former attorney general.
Trump on Thursday is expected to be arraigned in Washington, D.C., on federal felony charges related to the January 6 siege on the U.S. Capitol and attempts to overturn his 2020 election loss. The former president is also facing federal charges in his post-presidency retention of classified documents and charges in New York state accusing him of falsifying business records.
The former president’s defense attorney, John Lauro, said during a CNN interview on Tuesday night that the latest charges against Trump were an attack on his “free speech and political advocacy.” While the actual strategy of Trump’s defense remains unclear, legal experts have been divided on whether free speech is relevant.
