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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]