Bill Barr Challenges Trump's First Amendment Defense: 'The Stuff You Were Spouting, You Knew Was Wrong'

Former Attorney General Bill Barr has countered former President Donald Trump‘s legal defense against his recent indictment, stating that the 2020 election case does not run "afoul of the First Amendment."

What Happened: In a conversation with Major Garrett on CBS’s “Face the Nation,” Barr described the latest indictment against Trump by special counsel Jack Smith as both “challenging” and “legitimate.”

Barr clarified that the case is not solely based on Trump’s post-election rhetoric but includes other elements that constitute conspiracy.

"This is not a question of what his subjective idea was as to whether he won or lost," Barr said, adding, "They're saying what you were saying consistently, the stuff you were spouting, you knew was wrong. But it's not— if that was all it was about, I would be concerned on the First Amendment front, but they go beyond that."

Trump, indicted last week on four federal charges stemming from his alleged efforts to retain power post the 2020 election loss, cannot claim First Amendment infringement as the indictment relies on other evidence, such as Trump’s attempt to orchestrate a fraudulent electoral college vote scheme, he said.

"But then pressuring the Vice President to use that as a pretext to adopt the Trump votes, and reject the Biden votes, or even to delay it, it really doesn't matter whether it's to delay it, or to adopt it, or to send it to the House of Representatives," he said.

"You have to remember, a conspiracy crime is completed at the time it's agreed to and the first steps are taken," Barr added.

Why It Matters: Barr resigned as Trump’s attorney general weeks after the election in December 2020

He was a former Trump ally and has recently turned negative towards the ex-president, stating that the former U.S. leader cannot win the next election and is a "weak candidate."

He also warned Republicans to “be careful” of getting caught in former President “carnage” after the property manager of his Mar-a-Lago resort was added to the classified documents case last month.

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