Fox News' Jonathan Turley claims Donald Trump is “protected by the First Amendment” from charges in January 6th indictment
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From the August 1, 2023, edition of Fox News' Special Report with Bret Baier
JONATHAN TURLEY (GUEST): Well, I think he established that this is the criminalization of disinformation. That's what he was referring to. I think he's going to have a hard time with that. I mean, this looks like basically a complaint that follows Oscar Wilde's rules: the best way to be rid of temptation is to yield to it.
It does not appear that this was motivated by new evidence, and in order to get a conviction, he will have to use material that, in my view, is clearly protected by the First Amendment. He's allowed to follow bad advice. I was doing part of the coverage on that day. I criticized the speech when Trump was giving it. I disagreed with what he said about Pence. That doesn't mean that he is a criminal for following that advice or taking that view.
And, more importantly, you have Democrats that challenge the certification of Republican presidents. Were they also engaged in a criminal conduct when they did that? I think this is going to face very severe scrutiny. The question is whether the Trump campaign can get this into the appellate courts quickly where I think Smith's going to have a hard time.