In the immediate aftermath of the third indictment of former President Donald Trump, his attorney, John Lauro, declared the move an “attack on free speech and political advocacy” in an interview with CNN. 

What You Need To Know

  • In the immediate aftermath of the third indictment of former President Donald Trump, his attorney, John Lauro, declared the move an “attack on free speech and political advocacy”

  • In an interview with CNN, Lauro also argued Trump was acting on the advice of an attorney, potentially signaling the direction of the team's arguments following the indictment
  • Lauro said Trump's Thursday court appearance could be either in person or virtual and it will be up to the court to make that decision

Lauro, who was added to Trump’s legal team in mid-July, argued Trump was acting on the advice of an attorney and the indictment is “an effort to not only criminalize, but also to censor free speech.” 

Trump was indicted Tuesday by a grand jury in Washington, D.C., as part of the Justice Department's probe into efforts to overturn the 2020 presidential election.

Lauro’s comments could signal the Trump team’s arguments – at least with the public – in response to the decision to charge the former president and 2024 presidential candidate. 

“Mr. Trump had the advice of counsel, Mr. [John] Eastman, who was one of the most respected constitutional scholars in the United States, giving him advice and guidance,” Lauro told CNN on Tuesday night. 

Eastman was the architect of a legal strategy aimed at keeping Trump in power. While he is not directly named, multiple outlets reported Eastman is believed to be Co-Conspirator 2 referenced in the indictment. 

“People have spirited arguments about the law all the time, and that's why lawyers are in business,” Lauro continued. “But we've never had a situation where a spirited debate about the Constitution has become a criminal case.” 

Trump is expected to appear in court in Washington on Thursday. Lauro said that appearance could be either in person or virtual and it will be up to the court to make that decision. 

Lauro said he “could see this trial lasting nine months or a year,” when asked about the timing related to the 2024 presidential election. He also made clear the defense should be given time to prepare. 

“The government has had three years to investigate this, and now they want to rush this to trial in the middle of a political season,” he said. “We deserve as much time as any American citizen to defend on these issues.” 

Last month, lawyers for Trump asked a judge to postpone his criminal trial for the case in which he is accused of illegally hoarding classified documents. They argued, in part, Trump would not get a fair trial if scheduled before the November 2024 election.

The judge last week scheduled a trial date for that case for next May, before the general election but following many states’ primary contests.