This is pretty clearly baseless on the part of Trump. It’s not freedom of speech to rob a bank with a note. Or to coordinate a crime. Or to communicate insider information to allow for financial crimes… I could go on. Trump had the legal right to argue he won, and to make those cases in court. He did NOT have the legal right to stand before the Capital and wink and nudge and cajole that people inside needed to submit or suffer. Proving that difference is important, but no, there is no blanket protection that speech is never a crime.