In a written submission on Wednesday, they said that the federal election interference case against Trump is based on his alleged “lies” and that lies and false statements are protected under the First Amendment of the Constitution.
The Trump filing relies heavily on a 2012 Supreme Court ruling in United States v. Alvarez that says Xavier Alvarez, an elected official, could not be prosecuted for his false claims that he was awarded a congressional medal for bravery. The Supreme Court said that he had a right to lie, including claiming to be a U.S. Marine who had fought for his country.
Trump was indicted on four counts in Washington D.C. for allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021, riot at the U.S. Capitol. Trump has pleaded not guilty to the charges, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding.