https://www.politifact.com/article/2023/aug/07/trump-lawyer-claim-indictment-attacks-first/
"Trump has First Amendment rights, but that does not mean that what he says and does to further a scheme to defraud is legal," said Joan Meyer, a partner at the law firm Thompson Hine LLP and a former federal prosecutor. "If your statements are part of an agreement to commit an unlawful act with your co-conspirators, the admission of these statements is fair game in a prosecution and can be used as evidence against you."