Despite special counsel Jack Smith's detailed 45-page indictment of Trump for promoting several illegal schemes including organising slates of fake electors in seven states to thwart Joe Biden's victory, Trump and some top Republican allies have repeatedly portrayed his multipronged drive to stay in power as a free speech matter.
But former justice department officials, scholars and ex-Republican House members say Trump's actions and schemes went far beyond free speech, and that Trump and his allies are weakening the justice system and could breed new conspiracy theories by making a first amendment defence.
Critics say Trump allies embracing his free speech claims seem to be trying to cover themselves with the party's base and to rationalise sticking with Trump, despite the indictment's damning evidence revealing Trump's active role in unprecedented and illegal ploys to overturn the 2020 result.
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