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Reason
Reason
Politics
Jacob Sullum

Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected

The indictment that Special Counsel Jack Smith unveiled last week portrays Donald Trump's efforts to reverse Joe Biden's victory in the 2020 election, including his appeals to state officials and Vice President Mike Pence, as a criminal conspiracy that violated three federal statutes. Trump attorney John Lauro, by contrast, argues that his client was merely exercising his First Amendment right to petition the government for redress of his grievances.

Lauro, who outlined the former president's defense in interviews on ABC, CBS, NBC, CNN, and Fox News yesterday, said Trump believed then and still believes his grievances about the election were justified. And in pressing election officials, state legislative leaders, and Pence to act on his unsubstantiated fraud claims, Lauro maintains, Trump was pursuing remedies he reasonably believed to be legitimate. As Lauro sees it, Trump therefore lacked the criminal intent that federal prosecutors will have to prove beyond a reasonable doubt.

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