Trump's lawyers argue in pretrial brief that his January 6 rally speech 'was not and could not be construed to encourage acts of violence' at the Capitol

<p><img src="https://static5.businessinsider.com/image/602143b0cca90200129b6f24-1842/trump impeached.jpg" border="0" alt="trump impeached" data-mce-source="Getty"></p><p></p><bi-shortcode id="summary-shortcode" data-type="summary-shortcode" class="mceNonEditable" contenteditable="false">Summary List Placement</bi-shortcode><p>Lawyers representing former President Donald Trump <a href="https://context-cdn.washingtonpost.com/notes/prod/default/documents/9fc7df1f-2945-4be7-80bc-7e0f928c78b2/note/4430abec-b677-4bfd-9232-d45145aca1cb.#page=1" target="_blank" rel="noopener">filed a pretrial brief Monday</a> reiterating their claim that his impeachment trial is unconstitutional and that his words at a rally preceding the January 6 Capitol siege are protected free speech.</p><p>They also argued that the House managers who will act as prosecutors in Trump's trial "cherry-picked" the former president's statements when they accused him of inciting the violent insurrection by urging supporters to march to the Capitol and "fight like hell" against the 2020 election results.</p><p>In their pretrial brief, Trump's defense lawyers said he had only "used the word 'fight' a little more than a handful of times and each time in the figurative sense."</p><p>"It was not and could not be construed to encourage acts of violence," they wrote. The brief went on to say that "the real truth is that the people who criminally breached the Capitol did so of their own accord and for their own reasons, and they are being criminally prosecuted."</p><p><em>This story is breaking. Check back for updates.</em></p><p><a href="https://www.businessinsider.com/read-trump-pretrial-brief-senate-impeachment-trial-2021-2#comments">Join the conversation about this story &#187;</a></p> <p>NOW WATCH: <a href="https://www.businessinsider.com/worlds-most-expensive-liquid-thoroughbred-horse-semen-2020-3">Why thoroughbred horse semen is the world's most expensive liquid</a></p>
Click here to read full news..