"The Defendant had a right, like every American, to speak publicly about the
election and even to claim, falsely, that there had been outcome-determinative fraud during the
election and that he had won. He was also entitled to formally challenge the results of the election
through lawful and appropriate means, such as by seeking recounts or audits of the popular vote
in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the
Defendant did pursue these methods of contesting the election results. His efforts to change the
outcome in any state through recounts, audits, or legal challenges were uniformly unsuccessful. "
Paragraph 3 of the indictment recognizes that Trump has the right to say what he wants about the election even the right to lie. For those of you who buy into the fake news narrative that this is about first amendment protected speech Jack Smith agrees Trump had the right to lie about the election. Thats not what this case is about. If it is then Trump should have an easy time defending himself with this paragraph written by the prosecutor.