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Fraudster asking a victim or attempted victim whether or not they'd like to invest in a fraudulent investment. the mere fact that it's a question does not transform that into first amendment protected speech. it's very well settled by the courts that lots of crimes involve talking to people. the mere fact that you're doing that doesn't mean that you're entitled to first amendment protection. >> yeah, and the former attorney general bill barr undermined that first amendment case defense. he told cnn trump knew he lost the election. we've heard that from other sources. i heard that from sources ...

Conduct, not speech. >> no. it's criminalizing speech for this reason. what the president saw in the 2020 election is all these irregularities going on, affidavits, examples of when the rules were changed in the middle of the game. he had every right to comment on that. in a criminal case, what he would have to show is all that speech was not entitled to first amendment protection. >> i want to bring in ken dilanian. garrett haake is following the case from d.c. carol lamb, a former federal prosecutor and andrew weissmann was a senior member of the mueller probe. both carol and andrew are msnb...

For this reason. what the president saw in the 2020 election was all these irregularities going on. he had every right to comment on that, and act politically. in a criminal case, what they would have to show is all that speech is not entitled to first amendment protection. he'll never be able to do it. >> tim what is your reaction to that? >> you know, he's kind of hitting the point that all of these counts do require corrupt intent. they require him to know that these claims of fraud were false and be pushing them anyway. the first amendment aspect of it is not something that i really see as...

Los Angeles judge dismisses Romeo and Juliet stars' lawsuit over nude scene, ruling it not child pornography.

Destruction, and called him an animal and had antisemitic comments, if that crosses, that's way beyond the pale of first amendment protection, that is a menacing harassment, maybe it's inciting a riot, maybe it is an obstruction, i do not know. but there are plenty of options. and he ought to be charged with. those [inaudible] >> the reason why he does this now is no one has stopped him before. he does it all the time. we move the goalposts, he never gets charged, he always gets away from it. and everybody walks away from it, oh it is just trump. while somebody is going to get killed, and it i...