The First Amendment Is No Defense for Trump’s Alleged Crimes
In the two weeks since Special Counsel Jack Smith indicted former President Donald Trump for his attempts to overturn the 2020 presidential election, the outlines of Trump’s trial strategy have taken shape. Trump has claimed that the indictment seeks to take away his “FIRST AMENDMENT RIGHTS.” His lawyer, John Lauro, is frantically trying to position his client as a hero of “free speech and political advocacy,” arguing that Trump “had every right to advocate for his position” about the presidential election. Many high-profile Republicans and conservatives are also coalescing around the First Amendment as their main avenue of attack on the indictment. Elise Stefanik, the fourth-ranking member of the House GOP, has claimed that “President Trump had every right under the First Amendment to correctly raise concerns about election integrity in 2020,” and several prominent Senate Republicans have made similar statements. National Review, the conservative magazine, has accused Smith of trying to “criminalize protected political speech.” And the law professor and legal commentator Jonathan Turley predicts that the indictment will run into the “constitutional problem …