Comedian and actress Kathy Griffin has reportedly been interviewed by the U.S. Secret Service for more than an hour. The investigation is connected to a recent photograph which showed her holding the bloody head of Donald Trump.

Griffin’s attorney contends that the actress was just exercising her constitutional rights.

“She basically exercised her First Amendment rights to tell a joke,” Dmitry Gorin, a criminal defense attorney representing Griffin said. “When you look at everything in the media, all the times entertainers make videos or express themselves in other ways, you’ve never seen an entertainer, let alone a comedian, be subject to a criminal investigation.”

As we previously reported, don’t expect her to be arrested for the crude photo.

This revelation lead Obama ethics Czar Norm Eisen to tweet out this follow up question.

There is an exception for free speech that incites violence, but a judge would probably consider Griffin’s photo “crude political hyperbole.” With that said, the investigation is still ongoing.