Former President Donald Trump and one of his attorneys have invoked a First Amendment defense in response to the federal indictment charging Trump with trying to “subvert the legitimate election results.” But legal experts note Trump’s speech isn’t constitutionally protected if he engaged in a criminal conspiracy, as the indictment alleges.
Issues: Trump indictments
What Trump Asked of Pence
In an interview hours after former President Donald Trump was indicted for an alleged conspiracy to overturn the 2020 presidential election, one of his attorneys said that all Trump had ultimately asked his vice president to do was “simply pause” the Electoral College count at the U.S. Capitol on Jan. 6, 2021. Former Vice President Mike Pence called that claim “completely false.”
Indictment Details Trump’s Attempt to Overturn Swing State Election Outcomes
The federal indictment against former President Donald Trump, concerning his efforts to remain in office despite losing the election, details actions Trump and his co-conspirators allegedly took to get state officials to change legitimate electoral votes. The indictment says the pressure campaign involved knowingly making false claims of voter fraud — many of which we’ve written about before.
Q&A on Trump’s Jan. 6 Indictment
Trump, Iran and the ‘Highly Confidential’ Document
Ad Misleads: Trump Not Charged as Spy
The latest ad from the anti-Trump Lincoln Project promotes the same mistaken argument that Donald Trump himself has made — that the former president has been charged with spying or espionage. Trump was charged under a part of the Espionage Act concerning the willful retention of national defense information. That’s different from spying.
Trump’s Distortions of Federal Indictment
Q&A on Trump’s Federal Indictment
On June 9, the Department of Justice unsealed a 44-page indictment against former President Donald Trump detailing allegations not only of mishandling sensitive classified documents after he left office, but of obstructing federal officials who tried to get them back. Here, we answer some questions about the indictment.