Trump's First Amendment Defense

It’s only been a few weeks since Special Counsel Jack Smith indicted Donald Trump. But both he and his lawyers have already been previewing their case in defense: that he was protected by the First Amendment, that he relied on the advice of counsel, and—the glue holding it all together—he really believed what he was saying. 

We recently published two articles on the subject. The first, by Lawfare Editor-in-Chief Benjamin Wittes and Legal Fellow Saraphin Dhanani, assesses Trump’s likely defenses. The second, by Lawfare Senior Editor Roger Parloff, argues that a jury may well see through them. Lawfare Executive Editor Natalie Orpett sat down with Ben, Saraphin, and Roger to talk through it all.

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