Former Attorney General William Barr is rejecting a defense for the 45th president against charges stemming from the investigation of the Jan. 6 riot at the U.S. Capitol.
On Wednesday, Barr sat down for an interview with CNN’s Kaitlan Collins and discussed the third indictment against former President Donald Trump.
“Trump’s attorneys are saying he was just exercising his first amendment right here. Do you think that’s a valid argument in your view?” Collins asked.
Barr responded, “No, I really don’t think that’s a valid argument. As the indictment says, they’re not attacking his First Amendment right, he can say whatever he wants. He can even lie. He can even tell people that the election was stolen when he knew better.”
“But that does not protect you from entering into a conspiracy. All conspiracies involve speech, and all fraud involves speech. Free speech doesn’t give you the right to engage in a fraudulent conspiracy,” he added.
Watch the video below:
Collins: Trump's attorneys are saying he was just exercising his first amendment right here. Do you think that's a valid argument in your view?
— Acyn (@Acyn) August 3, 2023
Barr: No, I really don't think that's a valid argument. pic.twitter.com/Fgqkzqp571
Conservatives argue Special Counsel Jack Smith’s decision to indict Trump is an attack on free speech. They essentially claim the charges focus only on Trump’s words and tweets.
However, the indictment acknowledges he had a right to claim the election was stolen in tweets and other statements. But it alleges he violated the law by directing an effort to overturn an election he knew he lost.
So it is not just his tweets. It is the action of allegedly becoming a part of a plan to knowingly send false electors to replace the real electors and overturn the election that he is facing charges from.
In order to make their case, prosecutors will have to show that Trump was not only told he lost the election and refused to believe it, but that he knew he lost.
It looks like it will be a hard case to prove he actually knew he lost when he has never publicly admitted he lost. And Trump is innocent until proven guilty. But to be intellectually honest, his supporters should stop claiming the indictment is just about his speech and grapple with his alleged actions.
However, that would require them to address the unpleasant allegations he was aware he lost and still tried to overturn the election, which makes the claim this is just a political prosecution a little harder to prove.