Former President Donald Trump's lawyers are framing the new indictment as an unprecedented battle over free speech that federal prosecutors can not win.
“As a historical matter, this is the most important criminal prosecution that has ever been brought by the federal government,” he said. “It should be correspondingly airtight on the facts and the law, but it is not. It is really stretching the law.”on Thursday is expected to appear in a federal court in Washington for his arraignment on charges that he conspired to subvert the results of the 2020 presidential election.
Special counsel Jack Smith’s indictment draws a line between Mr. Trump’s right to claim — even falsely — that the 2020 election was stolen, and to challenge the results of the election “through lawful and appropriate means” and the “unlawful means of discounting legitimate votes and subverting the election results.”Legal analysts are divided on the argument.
“If you take a red pen to all of the material presumably protected by the First Amendment, you can reduce much of the indictment to haiku,” Mr. Turley said on Twitter. “I felt that the Mar-a-Lago indictment [over mishandling classified documents] was strong. This is the inverse.”
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