‘Indicted for Free Speech’: Trump Lawyer Responds to Jan. 6 Charges

John Lauro, attorney for former President Donald Trump, said that the First Amendment is “under assault.”
‘Indicted for Free Speech’: Trump Lawyer Responds to Jan. 6 Charges
Former President Donald J. Trump speaks during the Faith and Freedom Road to Majority conference at Hilton in Washington on June 24, 2023. (Madalina Vasiliu/The Epoch Times)
Frank Fang
8/2/2023
Updated:
8/2/2023
0:00

John Lauro, attorney for former President Donald Trump, said that the First Amendment is “under assault” after his client was indicted on four felony charges in connection with his efforts to challenge the results of the 2020 election.

“He’s being indicted for free speech. He’s being indicted for objecting to the way that the 2020 election was carried out. And any American that takes that view should be equally concerned—are they next? Because the reality is that, if a president can be indicted for free speech, then anybody can be indicted,” Mr. Lauro told Fox News host Bret Baier on Aug. 1.

“This is unprecedented,” Mr. Lauro added. “For the first time in American history, a former president is being prosecuted by a political opponent, who wields the power of the criminal justice system, for what he believed in and the policies and the political speech that he carried out as president.”

Mr. Lauro added that the indictment has far-reaching consequences.

“It affects not just Donald Trump; it affects every American who now realizes that the First Amendment is under assault. It’s under attack by the Biden administration.”

The former president was indicted by a grand jury in Washington convened by special counsel Jack Smith. The indictment accuses Mr. Trump of conspiracy to defraud the United States, conspiracy to obstruct the Jan. 6 certification of votes, and conspiracy against the right to vote.
This is the second indictment to come from Mr. Smith’s investigation. Mr. Trump is separately facing 40 felony counts—after three new charges were added last month—over alleged mishandling of classified documents at his Mar-a-Lago resort.
The 45-page indictment (pdf) alleges that Mr. Trump “was determined to remain in power” despite losing the presidential election.
“So for more than two months following election day on November 3, 2020, the Defendant spread lies that there had been outcome-determinative fraud in the election and that he had actually won. These claims were false, and the Defendant knew that they were false,” the indictment says, before alleging that Mr. Trump disseminated false claims to “create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.”

Indictment

In response to the writing in the indictment, Mr. Lauro said he would like the prosecutors “to try to prove beyond a reasonable doubt that Donald Trump believed that these allegations were false.”

“What did he see in real-time? He saw changes in election procedure in the middle of the game being carried out by … people at the state level, election officials, but not the state legislatures,” Mr. Lauro continued.

“He had an advice of counsel, a very detailed memorandum from a constitutional expert who said: ‘Mr. President, these states are complaining about what happened. You, as the executive, have the ability to ask Vice President [Mike] Pence to pause the vote on January 6, have these states audit and recertify, and, that way, we know ultimately who won the election.’”

Mr. Lauro added: “And that’s the only thing that President Trump suggested. There’s nothing unlawful about that. He was entitled to do that, as the chief executive officer carrying out the laws, and nothing about that was obstructive.”

The indictment also alleges that Mr. Trump “attempted to exploit the violence and chaos” at the Capitol on Jan. 6 by calling lawmakers that evening and trying to convince them to “delay the certification.”

“It was quite interesting that Mr. Smith talked about the violence on Capitol Hill. He’s not being charged with that. There’s no allegation that President Trump incited any violence or did anything to cause any violence,” Mr. Lauro said.

Democratic lawmakers have welcomed Mr. Smith’s indictment against Mr. Trump.
“Today’s charges are consistent with those the Select Committee referred to the Special Counsel last year, and successful prosecutions will not only bring accountability but also help prevent something like January 6th from ever happening again,” Rep. Bennie Thompson (D-Miss.), chairman of the Jan. 6 Select Committee, wrote on X, formerly known as Twitter, on Aug. 1.
In a separate interview with Fox News host Sean Hannity on Tuesday, Mr. Lauro said the timing of the indictment was politically motivated.

“It was done at a time when we’re in the middle of a political campaign to censor one political candidate who’s getting his message out,” Mr. Lauro said.

“Now the reality is that instead of vying for votes and engaging in the kind of discussion that we need in this country, the Biden Justice Department wants President Trump to be in a courtroom and not campaigning.”