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You can argue about the election, but you can't enter into a conspiracy to have fake electorals that violates all the laws. you can't enter a conspiracy to try to force pence to do 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 -- is on laughable. >> in the indictment he says we have the right to say that. you have the right to say you feel the election was stolen. you have a right to spread that lie as much as you want. it's one thing to spread it and say...

Walk us through why that is just nonsense? >> i think what happened was they prepare it they are tall compliance when this and document was going to come, picking it was going to be about the ellipse speech and the following insurrection. that's not what the indictment is. but that never really had a chance to reach -- defense. and so that went with what the head, which doesn't really make any sense given this indictment. in fact, the indictment says he's perfectly able to have his first amendment rights to talk about the election and say anything they want. here is the thing. here is the exam...

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 constitution that would codify abortion rights, ensuring, quote, every individual has a right to make and carry out one's report of assistance. 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. which is now set for november 7th. but as you can imagine, there is a catch here because re...

>> i would like them to try to prove, beyond a reasonable doubt, that donald trump believed that these 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. they 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 jack smith has more? >> oh yes, i would...