No, Republicans, Trump’s indictment isn’t about free speech

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.)