Defense attorney claims Trump can't be punished for "false" statements

Donald Trump’s attorney argued Thursday that Fulton County prosecutors cannot prosecute the former president only on the basis that his allegations were “false.”

Prosecutors allege that what Trump said is “false in the eyes of the state” so it has “lost all protection to the First Amendment,” Steve Sadow said. But, Trump’s lawyer argued, comments that aren’t factually accurate are still protected under the First Amendment.

“What this court has to decide is the state’s position that fraud or false statements, under these circumstances … is that enough?” Sadow said of the charges.

“The mere fact that it’s false is all that they have,” Sadow said, adding that “there’s no allegation beyond the fact that those statements are made.”