What argument does Weisenburg's attorney make about the charges?

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Weisenburg's attorney argues the charges punish fantasy role-play, not actual conspiracy—a First Amendment defense claiming his client engaged in fictional storytelling, not criminal planning. This defense works only if defendants took no overt acts beyond speech. But prosecutors will counter with evidence of fire academy enrollment, sailing lessons, Air Force enlistment, and recruitment efforts—concrete steps that cross from protected speech to criminal conduct. Courts rejected similar defenses in terrorism cases (United States v. Mehanna, 2013), ruling that actions to further even unrealistic plots are prosecutable. The attorney's real goal may be establishing reasonable doubt about intent or negotiating a plea deal.

What argument does Weisenburg's attorney make about the charges?

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