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.
