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Former President Donald Trump has broken his silence regarding the Capitol riot that rocked DC on January 6 via his attorneys.

The legal team of the former president has argued that Trump was exercising his free speech rights and is not responsible for the actions of those who rioted, The Daily Mail reported.

The attorneys argued that not only was his speech protected by that it is unconstitutional to proceed with a Senate impeachment trial for a former president.

“It is denied that the quoted provision currently applies to the 45th President of the United States since he is no longer 'President,” attorney Bruce Castor, said in the filing.

“The Senate of the United States lacks jurisdiction over the 45th President because he holds no public office from which he can be removed, and the Constitution limits the authority of the Senate in cases of impeachment to removal from office as the prerequisite active remedy allowed the Senate under our Constitution,” they said.

Constitutional scholars and divided on having a Senate impeachment trial for a former president with some saying that it is constitutional and others saying that it is not.

The attorneys said that the president was protected during his January 6 speech by the First Amendment.

“It is denied that the 45th President engaged in insurrection or rebellion against the United States. The 45th President believes and therefore avers that as a private citizen, the Senate has no jurisdiction over his ability to hold office and for the Senate to take action on this averment would constitute a Bill of Attainder,” the attorneys said.

“It is admitted that after the November election, the 45th President exercised his First Amendment right under the Constitution to express his belief that the election results were suspect, since with very few exceptions, under the convenient guise of Covid-19 pandemic 'safeguards' states elections laws and procedures were changed by local politicians or judges without necessary approvals from state legislatures,” it said.

The brief said that when the president said that he won the election in a landslide he was merely expressing his opinion.

The attorneys also explained their belief that when the former president told the crowd to “fight like hell” he did not intend for them to engage in actual violence.

“It is admitted that persons unlawfully breached and vandalized the Capitol, that people were injured and killed, and that law enforcement is currently investigating and prosecuting those who were responsible,” the attorneys said. “It is denied that President Trump incited the crowd to engage in destructive behavior. It is denied that the phrase ‘if you don’t fight like hell you’re not going to have a country anymore’ had anything to do with the action at the Capitol as it was clearly about the need to fight for election security in general, as evidenced by the recording of the speech.”