Guno צְבִי
We fight, We win
Shortly after special counsel Jack Smith unveiled four new criminal charges against former president Donald Trump — all arising out of Trump’s failed efforts to overturn his defeat in the 2020 election — one of Trump’s lawyers revealed one of the legal arguments he plans to use to defend the former president.
“This is an attack on free speech and political advocacy,” Trump attorney John Lauro told CNN Tuesday evening. In a separate appearance on Fox News, Lauro claimed that Trump is being prosecuted for “what he believed in and the policies and the political speech that he carried out as president.”
Lauro, in other words, appears to be laying the groundwork for an audacious First Amendment defense. His argument appears to be that, even if Smith proves all the facts laid out in the recent indictment — which alleges that Trump pressured officials throughout the federal and state governments to change vote counts, appoint fake members of the Electoral College, and otherwise tamper with the 2020 election’s results — Trump’s actions were all political speech protected by the First Amendment.
There are at least two reasons Trump’s alleged actions are not protected speech. One is that Smith repeatedly accuses Trump of pressuring other government officials to commit criminal acts of election fraud, and it is well established that soliciting another individual to commit a crime is not protected by the First Amendment. As the Supreme Court held in United States v. Williams (2008), “offers to engage in illegal transactions are categorically excluded from First Amendment protection.”
Trump, for example, may not pressure a state elections official to “find” fraudulent votes that will change the electoral result in that state, for the same reason that he could not legally tell a hit man, “I will give you $50,000 if you kill my wife.” In both cases, Trump is engaged in speech. But the fact that this speech solicits another person to commit a specific crime generally removes it from the First Amendment’s protections.
https://www.msn.com/en-us/news/poli...p?cvid=75244f451df64538b6e9c4371e904d00&ei=16
“This is an attack on free speech and political advocacy,” Trump attorney John Lauro told CNN Tuesday evening. In a separate appearance on Fox News, Lauro claimed that Trump is being prosecuted for “what he believed in and the policies and the political speech that he carried out as president.”
Lauro, in other words, appears to be laying the groundwork for an audacious First Amendment defense. His argument appears to be that, even if Smith proves all the facts laid out in the recent indictment — which alleges that Trump pressured officials throughout the federal and state governments to change vote counts, appoint fake members of the Electoral College, and otherwise tamper with the 2020 election’s results — Trump’s actions were all political speech protected by the First Amendment.
There are at least two reasons Trump’s alleged actions are not protected speech. One is that Smith repeatedly accuses Trump of pressuring other government officials to commit criminal acts of election fraud, and it is well established that soliciting another individual to commit a crime is not protected by the First Amendment. As the Supreme Court held in United States v. Williams (2008), “offers to engage in illegal transactions are categorically excluded from First Amendment protection.”
Trump, for example, may not pressure a state elections official to “find” fraudulent votes that will change the electoral result in that state, for the same reason that he could not legally tell a hit man, “I will give you $50,000 if you kill my wife.” In both cases, Trump is engaged in speech. But the fact that this speech solicits another person to commit a specific crime generally removes it from the First Amendment’s protections.
https://www.msn.com/en-us/news/poli...p?cvid=75244f451df64538b6e9c4371e904d00&ei=16
