It seems clear that serial sex abuser Donald Trump (SSAT) lawyers are going to make a free speech defense in his trial for his role in the January 6th riot and efforts to overturn the election, arguing that all he did was talk and that others were the ones who did things. But legal experts say that that will not wash.
“The indictment very carefully ties the words of Trump and others to actions that show that Trump and others said the things they said with the intent to carry out criminal activity,” [former federal prosecutor Christine] Adams said. “Notwithstanding the First Amendment, people are charged all the time with crimes based on their statements to others for example if they’re involved with a Ponzi scheme, if the government can establish the requisite criminal intent in making those statements.”
…“This isn’t a reasonable argument, and it won’t fly in any court of law,” Anthony Michael Kreis, a Georgia State University law professor, told Salon.”The speech at the heart of the indictment informs the underlying criminal conspiracy and the indictment outlines conduct that was undertaken in furtherance of that conspiracy. The argument is without merit.”
Kreis pointed to the example of a person joking about robbing banks, which would be protected free speech since it lacks criminal intent. He added that a person can even explain why it should be lawful to rob banks or praise bank robbers, and that is protected political speech.
“However, a person cannot walk into a bank and say, ‘stick ’em up,’ and then cling to the First Amendment’s protections nor can two people plan to rob a bank and then claim they were just engaged in constitutionally protected thought,” Kreis said.
Adanté Pointer, an Oakland civil rights attorney, said that while everyone has a Constitutional right to express their opinions, you cross the line from “constitutionally-protected speech to criminal conduct” when your motive and intent are in furtherance of a criminal conspiracy.
“Things changed when he weaponized his baseless statements to promote lawless activity, to present false evidence to the courts, and to recruit and direct fake electors and other co-conspirators to carry out the fraud,” Pointer said.
