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Former New York mayor Rudy Giuliani argues he was speaking in hyperbole when he called for the crowd to contest the election results with Trump's legal team argues that he can't sue because the House has already impeached him and the Senate tried him
Published on May 26, 2021 1:03 PM

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Washington (CNN)Donald Trump's attorney defended the ex-President's incendiary speech on January 6, saying he is protected under the First Amendment and had "absolute immunity" while he was President to contest the election, according to a court filing this week. The argument is the first time Trump has formally defended his actions in court since the insurrection, and reflects his continued push to his supporters that he did nothing wrong and was robbed of a second term in office. Trump argues in DC District Court that his bully pulpit message to his supporters at the political rally on January 6 -- encouraging them to oppose Congress certifying the vote -- was a constitutionally protected act of the presidency.

"While holding that office, former President Trump was free to advocate for the appointment and certification of electors, just as he was entitled to advocate for the passage or defeat of a constitutional amendment, or the reconsideration of a congressional act over his veto even though the President does not directly participate in those congressional acts," Trump's private attorney Jesse Binnall wrote in a response in court to a lawsuit from Democratic Rep. Eric Swalwell seeking to hold him accountable for the insurrection. "The claims against former President Trump directly contravene the absolute immunity conveyed on the President by the Constitution as a key principle of separation of powers."