Bill Barr dismisses Trump First Amendment defense against Jan. 6 indictment
Julia Johnson
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Former Attorney General Bill Barr shot down the argument of an attorney for former President Donald Trump that the First Amendment protects him against a new indictment relating to the Jan. 6 Capitol riot and alleged efforts to overturn the 2020 presidential election.
“I really don’t think that’s a valid argument,” Barr told CNN’s Kaitlan Collins on Wednesday.
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“As the indictment says, you know, 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,” he explained. “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,” Barr added.
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After the federal grand jury indicted Trump on Tuesday on four charges brought by special counsel Jack Smith, his attorney John Lauro claimed, “There’s nothing that’s more protected under the First Amendment than political speech.”
He continued, “Donald Trump had every right to advocate for his position. … Now, his advocacy is being criminalized.”
Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
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Barr is one of dozens of Trump’s former Cabinet members who have not endorsed him in his bid for president in 2024. Only four former Cabinet members have backed the former president, according to a report from NBC News. “I have made clear that I strongly oppose Trump for the nomination and will not endorse Trump,” Barr said.
The four members supporting Trump are former acting Attorney General Matthew Whitaker, former chief of staff Mark Meadows, former budget chief Russell Vought, and former acting Director of National Intelligence Richard Grenell.