Senate Minority Leader Mitch McConnell might not be commenting on the former president’s latest indictment, but those Republicans who have spoken up are dismissing Donald Trump’s alleged conspiracy to overthrow an election by claiming that it was merely “free speech.”
“Apparently it is now a crime to make statements challenging election results if a prosecutor decides those statements aren’t true,” Sen. Marco Rubio asserted, knowing full well that this is not about Trump’s statements, but about his actions.
Bogus “free speech” arguments are a tried-and-true Republican favorite, and Trump’s legal team is no exception. “[O]ur focus is on the fact that this is an attack on free speech, and political advocacy,” said Trump lawyer John Lauro on CNN. “And there’s nothing that’s more protected, under the First Amendment, than political speech.” (Lauro might want to do a quick review of how that defense has been working for Jan. 6 defendants, including the Proud Boys.)
Special counsel Jack Smith knew this would be a key argument from Trump, and quickly debunked it on page 2 of the indictment. “The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won,” the indictment says. “He was also entitled to formally challenge the results of the election through lawful and appropriate means …. [I]n many cases, the Defendant did pursue these methods of contesting the election results. His efforts … were uniformly unsuccessful.
“Shortly after Election Day, the Defendant also pursued unlawful means of discounting legitimate votes and subverting the election results.” That’s what Trump is being indicted for: his actions.
Rep. Jamie Raskin, a member of the Jan. 6 committee and lead manager of Trump’s second impeachment, explained all of this during a appearance on MSNBC, poking a big hole in Republican arguments with a simple analogy. “[Y]ou can say ‘I think the currency is phony and everybody should be allowed to make up their own money … but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College,” the Maryland Democrat said.
Here’s the full transcript:
We know that our friends across the aisle are trying to mobilize some big free speech defense of Donald Trump here, which is just comical. Of course you have a right to say for example, “I think that the meeting of the House and the Senate in joint session to count Electoral College votes is a fraud or is taking away Donald Trump’s presidency.” You can say whatever you want, but the minute you actually try to obstruct the meeting of Congress, you crossed over from speech to conduct.
It’s like you can say, “I think the currency is phony and everybody should be allowed to make up their own money.” You can say that, but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College. They can say, “Well, we don’t think that Joe Biden really won in these states,” even though every federal and state court rejected all of their claims of electoral fraud and corruption. The minute that they start manufacturing counterfeit electors and trying to have them substitute for the real electors that came through the federal and state legal process, at that point, they’ve crossed over from speech to conduct. I think the indictment is really tight in focusing just on the conduct.
Sign the petition: Disqualify Trump from running for public office
Conservatives cried about how the “woke” (whatever that means) “Barbie” movie would fail. It didn’t. In fact, the film has struck a chord with American and international audiences. Daily Kos writer Laura Clawson joins Markos to talk about the film and the implications of the Republican Party’s fixation on mythical culture wars, which is failing them in bigger and bigger ways every day.
