Donald Trump’s attorneys have adopted an unexpected defense strategy, citing Eminem’s song “’97 Bonnie & Clyde” to justify the former president’s controversial speech on January 6, 2021. The speech, currently under scrutiny in a lawsuit alleging violations of the Ku Klux Klan Act, is said to have incited the violent attack on the U.S. Capitol. The Ku Klux Klan Act is designed to protect federal officials from conspiracies that hinder their duties. According to legal documents obtained by AllHipHop, Trump’s defense team is drawing comparisons between his speech and the provocative themes commonly found in hip-hop.

The legal filing discusses Eminem’s music, noting: “A rapper rises to fame with aggressive and provocative lyrics that gain immense popularity across the nation, particularly among rebellious teenagers. He becomes one of the most controversial lyricists in history. His lyrics frequently depict explicit violence, including gun-related incidents, sexual assault, and even the fictional drowning of his wife. Although the rapper often implies that his music is not meant to promote actual violence, some lyrics suggest otherwise.”

Trump’s attorneys are using a similar argument employed in a 2014 case involving Pennsylvania rapper Tone Dougie, who was accused of making violent threats against his wife via Facebook. The rapper successfully convinced the Supreme Court that his posts were a form of artistic expression and not literal threats, citing Eminem’s track “’97 Bonnie & Clyde” as an example of hyperbolic lyrics.

“Nothing in President Trump’s speech even remotely compares to the far more inflammatory language that the Supreme Court has previously ruled as legally protected,” Trump’s legal counsel argued. They pointed out Trump’s directive for his supporters to “peacefully and patriotically make your voices heard” during his address. The defense contends: “President Trump’s January 6 speech should be viewed as a robust protest against government actions and the prevailing social order, which necessitates the highest level of protection under the First Amendment.”

The lawsuit filing follows Trump’s recent decision to pardon nearly all individuals arrested for their involvement in the Capitol riot. The pardons were issued on his first day back in office after his inauguration last week.