First Amendment violation
Next, Trump’s top-notch team of lawyers pointed out that Trump’s speech on Jan. 6th falls well within the norms of political speech and is therefore protected by the First Amendment. Democrats have attempted to claim the President purposefully incited an insurrection when told protestors to walk to Capitol and make their voices heard however always leave out the part where Trump specifically promotes to peacefully protest. Trump said to the crowd, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
The defense memo states:
“The House Managers’Trial Memorandum expressly advocates for the Senate to disregard stating First Amendment principles, “the First Amendment does not apply at all to an impeachment proceeding.” In doing so, the House Managers shockingly invite Senators to violate their own oaths to uphold the Constitution and the bedrock principle—established over two hundred years ago—that the Supreme Court is the final arbiter of whether Congressional acts are consistent with the Constitution. There is no actual precedent for this confounding precept offered in the House Managers’ Brief—the Managers astonishingly cite to a few recent internet blogs.”
