Bill Barr Extinguishes Claim That New Trump Indictment Violates First Amendment: ‘Free Speech Doesn’t Give You the Right To Engage In a Fraudulent Conspiracy’

Former Attorney General Bill Barr pushed back against claims that this week’s indictment of Donald Trump for his efforts to overturn the 2020 election is a violation of his right to free speech.

On Tuesday, Trump was indicted in federal court on four counts: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

The indictment largely centers on Trump’s efforts to install slates of fake electors in states he lost. Trump falsely insisted that as presiding officer over the election’s certification, Vice President Mike Pence had the authority to refuse certification and send the matter back to the states, which would then designate the pro-Trump electors as the legitimate ones in the Electoral College.

Trump’s defenders claim the indictment seeks to penalize Trump’s freedom of speech. On Wednesday’s edition of The Source, Barr said that’s hogwash.

“Do you think it’s a strong case?” host Kaitlan Collins asked.

“I think it’s a legitimate case,” Trump’s former attorney general responded. “I think, unlike the document case, it’s going to have issues of proof. It’s a more complicated case. And I think there are some downsides to it. I think there are reasons not to bring it. I said before I’m a little concerned about the slippery slope of criminalizing legitimate political activity. I’m worried about moving in that direction.”

“Do you think it’s something you would have brought?” Collins said of the indictment.

“I don’t know if I would have approved the indictment,” Barr replied, stating he is concerned about the case being tried so close to the election. “But as a legal matter, I don’t see a problem with the indictment.”

Collins noted that Trump’s attorneys have argued all three indictments against him are attempts to interfere in the 2024 election.

“They’re also saying he was just exercising his First Amendment right here,” she said. “Do you think that’s a valid argument in your view?”

“No, I really don’t think that’s a valid argument,” he said. “As the indictment says, you know, they’re not attacking his First Amendment right. He 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. So, free speech doesn’t give you the right to engage in a fraudulent conspiracy.”

Watch above via CNN.

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