defendant doesn't plea, it must be mounted. that's how the system works. one of the defense is clearly that previewing is that they were going to argue in court is a freedom of speech defense. here is how that defense played out this morning, right here on today. >> it's the first time in a sitting president is attacking a political opponent on first amendment grounds and making it criminal to state your position and to engage in political -- >> gonna give you a timeout on that one. >> we see that. before >> well, the indictment specifically says that the president has the first amendment right to speech he. he even has the first amendment right to lie. >> absolutely. >> this indictment is criminalizing conduct, not speech. >> no, it's criminalizing speak for this reason. the 2020 election there were all these irregularities going. on he had every right comment on that annex politically. in a criminal case, that what they would have to show is that all that speech was -- >> we're not talking about