Trump’s lawyer John Lauro argued that even if Trump committed a “technical violation of the Constitution,” it does not necessarily mean he broke any criminal laws regarding pressuring Pence to overturn the 2020 election results. Lauro claimed Trump believed he had won the election and was exercising his First Amendment rights to express that opinion. However, critics say Trump’s actions went beyond free speech and he conspired to defraud the public and nullify lawful votes. Former Attorney General William Barr said the charges are legitimate and Trump’s actions went far beyond expressing an opinion. Trump has said he will seek to have the judge assigned to his case recused and request a change of venue, alleging unfairness.
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“Just because it’s unconstitutional doesn’t mean it’s against the law” is an interesting attempt at a defense.