Trump Defense Takes Shape

The former president's lawyers will argue his comments leading up to the January 6th insurrection at the U.S. Capitol are protected free speech and that the Senate has no jurisdiction to hold a trial now that he's out of office. NBC's Alice Barr reports.

(NBC News) — House impeachment managers on Tuesday filed an 80 page brief accusing former President Donald Trump of being “singularly responsible” for the deadly siege on the U.S. Capitol, asserting “he summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue.”

The Trump legal team, meanwhile, denies the former president incited the mob, and argue his fiery remarks directly before the riot were protected free speech.

“It is a very, very dangerous road to take with respect to the First Amendment, putting at risk any passionate political speaker,” Trump attorney David Schoen told Fox News.

The defense also claims the Senate lacks jurisdiction to put an ex-president on trial since he can’t be removed from office.

House managers say there is no “January exception” to impeachment and that the former president’s actions were so grave he should not hold public office again.

“At the end of the day, there has to be accountability,” says Oregon’s Senator Ron Wyden.

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