Former Attorney General Bill Barr said he is willing to testify in the recent criminal case against his former boss, ex-President Donald Trump, stating that he believes the 2020 election interference indictment against Trump is “legitimate.”
In an interview on CBS News, Barr dismissed the argument presented by Trump’s legal team that the charges stem from statements protected by the First Amendment.
“It’s certainly a challenging case, but I don’t think it runs afoul of the First Amendment,” Barr said on “Face the Nation.”
“From a prosecutor’s standpoint, I think it’s a legitimate case,” he said.
Barr indicated that he would testify in the case if called upon but evaded questions about his involvement in the inquiry by Special Counsel Jack Smith that led to Trump’s four-count indictment.
Another Trump administration member, former Vice President Mike Pence, conveyed that he does not intend to testify unless compelled to do so.
Pence had previously raised constitutional concerns regarding his obligation to testify before a grand jury but eventually testified earlier in the year.
In June, Barr had expressed that the January 6th case would be challenging due to First Amendment interests.
Trump’s legal team has emphasised First Amendment concerns in this case, which marks the third indictment against the former president within four months.
Barr highlighted the distinction that federal prosecutors are not solely targeting Trump for making dubious election fraud claims but are also focusing on procedural actions.
He explained that a conspiracy crime is considered completed when an agreement is reached and initial steps are taken.
“There’s a lot of confusion out there,” Barr said Sunday of the free speech concerns.
“This involved a situation where the states had already made the official authoritative determinations … sent the votes and certified them to Congress,” he continued.
“The allegation essentially by the government has been at that point, the president conspired, entered into a scheme that involved a lot of deceit, the object of which, was to erase those votes.”
Trump’s lawyer, John Lauro, asserted on CNN’s “State of the Union” that Trump’s actions were lawful and transparent, asserting that they were protected under free speech rights.
Lauro cited the Supreme Court decision in Hammerschmidt to support the argument that exercising free speech does not constitute fraud against the government.
Barr stressed that the allegations involve a situation where states had already made official determinations, certified votes, and sent them to Congress.
The government’s contention is that the president engaged in a scheme involving deception with the intention of nullifying those votes.
