Trump lawyer will argue free speech is at risk if presidents can be impeached for inciting a riot: report
Fox News

On Tuesday, The New York Times reported that David Schoen, one of the new lead attorneys in former President Donald Trump's impeachment defense, plans to argue that it would be a threat to the First Amendment if Trump were convicted for his role in the Capitol invasion.

"Mr. Schoen, who described himself as a 'First Amendment absolutist,' said that he believed that Mr. Trump's comments at a Jan. 6 rally that preceded the riot at the Capitol were protected speech under the Constitution. He added that he believed that a conviction of Mr. Trump by the Senate risked 'chilling the rights on any passionate speakers,'" said the report. "'We can't control the reaction of the audience,' he said."

Schoen also reportedly plans to argue that because some of the Capitol attackers appear to have planned the assault in advance, Trump could not have been responsible — omitting the fact that Trump has been pushing the lies and conspiracy theories that inspired the violence for months before the actual rally took place.

Schoen was hired after Trump lost the members of his original legal team due to a disagreement over legal strategy. Despite all of the setbacks, however, Trump still has decent odds of being acquitted, as there do not currently appear to be enough Senate Republicans willing to vote for conviction.