Former President Donald Trump will be arraigned in federal court in Washington, D.C., on Thursday afternoon on four felony counts of conspiracy and obstruction tied to his efforts to overturn his 2020 loss to President Biden.
In "the court of public opinion," Trump's "defense can be boiled down to three words: What about Hunter?" Peter Baker wrote at The New York Times. But Trump's lawyers are also previewing at least two arguments they could use to defend him in federal court.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Legal experts "say there's little legal merit to Trump's First Amendment claims," The Associated Press reported. Asserting that he was relying on the advice of lawyers is "more likely to provide Mr. Trump with a stronger defense than if he invoked the First Amendment," the Times added. But as former Attorney General William Barr noted on CNN Wednesday night, an advice-of-counsel defense would require Trump "to get on the stand and subject himself to cross-examination," and "I think it would not come out very well for him" if he took the stand.
The Justice Department is not attacking Trump's "First Amendment right," Barr told CNN. Trump "can say whatever he wants. He can even lie. He can even tell people that the election was stolen, when he knew better. But that does not protect you from entering into a conspiracy. All conspiracies involve speech, and all fraud involves speech."
"There is no First Amendment privilege to commit crimes just because you did it by speaking," and "there is no First Amendment privilege for giving directions or suggestions to other people to engage in illegal acts," Duke University law professor Samuel Buell told the Times. "Tony Soprano can't invoke the First Amendment for telling his crew he wants someone whacked," he added. So that defense "won't work legally but it will have some appeal politically, which is why he is pushing it."
-
Starbucks workers are planning their ‘biggest strike’ everThe Explainer The union said 92% of its members voted to strike
-
‘These wouldn’t be playgrounds for billionaires’Instant Opinion Opinion, comment and editorials of the day
-
The 5 best nuclear war movies of all timeThe Week Recommends ‘A House of Dynamite’ reanimates a dormant cinematic genre for our new age of atomic insecurity
-
Trump tariffs face stiff scrutiny at Supreme CourtSpeed Read Even some of the Court’s conservative justices appeared skeptical
-
The longest US government shutdown in historyThe Explainer Federal employees and low-income households have been particularly affected by ‘partisan standoffs’ in Washington
-
Democrats seek 2026 inspiration from special election routsIN THE SPOTLIGHT High-profile wins are helping a party demoralized by Trump’s reelection regain momentum
-
‘Not all news is bad’Instant Opinion Opinion, comment and editorials of the day
-
A most profitable presidencyfeature Donald Trump has added $3 billion to his wealth since returning to the White House. How?
-
Trump to partly fund SNAP as shutdown talks progressSpeed Read The administration has said it will cover about 50% of benefits
-
Trump’s White House ballroom: a threat to the republic?Talking Point Trump be far from the first US president to leave his mark on the Executive Mansion, but to critics his remodel is yet more overreach
-
‘Not every social scourge is an act of war’Instant Opinion Opinion, comment and editorials of the day
