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Something he wasn't able to do. you can't get involved in that, and a conspiracy, and think you're going to have a first amendment defense. the first amendment defense is a matter of law -- >> in the end of mine, he says we have the right to say that. you have the right to set you fill the election was stolen. you have i right to spread that lie as much as you want. it's one thing to spread it and say it and believe it, it's another thing to get other people involved, trying to impede congressional proceedings. >> it is about action. >> it is about action, yeah. >> all about action. >> anthony...

You can argue about the election but you can't enter into a conspiracy to have fake electors that violate all the laws. you can't enter into a conspiracy to try and force pence to do something he wasn't able to. do you can't get involved in that conspiracy and think you are going to have a first amendment defense. the first amendment defense as a matter of law is bordering on laughable. >> yeah, and he actually, in the indictment, says you have the right to say that, you have that even right to say you feel the election was stolen, you have a right to spread that lie as much as you want that i...

Rigged. i want to give you a shot at the debunking that for us. walk us through why that is just nonsense. >> i think what happened was they prepare their talking points when this indictment was going to come thinking it was going to be about the ellipse speech and the following insurrection. and that is not with the indictment is. but they never really had a chance to re-jigger their defense. and so they went with what they had, which doesn't really make any sense given this indictment. and, fact the indictment says he is perfectly able to have his first amendment rights to talk about the ele...

And telegraphed his coming strategy. >> i would like them to try to prove, beyond a reasonable doubt, that donald trump believed that this allegations were false. >> that's gotten a lot of attention. most of it appropriately dismissive. even trump's former attorney general, bill barr, believes defenses like that are nonsense. >> i've come to believe that he knew well he had lost the election. there are not attacking his first amendment right. he can say whatever he wants. that does not protect you from entering into a conspiracy. we're looking at the tip of the iceberg on this. >> you think ja...

Ohio for a special election on tuesday that could have major implications for reproductive rights. in order to explain this moment, we have to go back to february for a moment. that is when activists proposed an amendment to the states competition that would codify abortion rights, ensuring, quote, every individual has a right to make and carry out one's report of reproductive decisions. by the end of last, month amendment backers had gathered more than 70,000 signatures, nearly double the required amount. forcing a referendum on the matter. that is now set for november 7th. as you can imagine...