Trump Attorneys File Defense, Say Senate Cannot Have Trial

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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.