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It looks like the GOP's defense of Trump will lean on the First Amendment, even though Jack Smith skillfully avoiding charging incitement. The argument goes that 45 had a protected right to say whatever he said on January 6th, 2021.

Andrew Weissmann, NBC legal analyst makes a good point here: you have a First Amendment right to go into a bank and say, "give me all your money," but it's also a crime.

https://podcasts.google.com/feed/aHR0cHM6Ly9wb2RjYXN0ZmVlZHMubmJjbmV3cy5jb20vcHJvc2VjdXRpbmctZm9ybWVyLXByZXNpZGVudC10cnVtcA/episode/NjY2ODIyMzItZDljNi00ZGJmLTk3NDgtMjkyNmRmY2UwOWY1?ep=14