Former President Donald Trump’s impeachment counsel argued Tuesday that the former president didn’t incite the violent mob of his supporters that stormed the U.S. Capitol on Jan. 6 and that his speech trying to undermine the election results is protected under the First Amendment despite that protection not applying to the impeachment process.

The 14-page brief filed in the Senate by Trump’s new defense counsel, Bruce Castor Jr. and David Schoen, insists that Trump’s comments to a crowd at the Ellipse shortly before the riots—when he told them “if you don’t fight like hell you’re not going to have a country anymore”—were a reference to imposing tighter election security measures.