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mounted in any criminal case. if it goes to trial. if the defendant doesn't plead that must be mounted. that is the way the whole system works. and one of the defense is clearly that trump's team is previewing. that they were going to argue in court. a freedom of speech or defense. here is how the defense played out this morning. >> it is the first time a sitting president is attacking a political opponent on first amendment grounds. and basically making it criminal to state your position. to engage -- >> gotta give you a timeout on that. when >> the indictment specifically says that the president has a first amendment right to. speak he even has a first amendment right to lie. >> absolutely. >> this indictment is criminalizing conduct not speech. >> it's criminalizing speech. >> why the randomly incised in