In a recent hearing, lawyers representing former President Donald Trump argued that the charges he faces in Georgia are a direct infringement on his First Amendment rights. Trump's attorney, Steve Sadow, stated that the statements made by the former president during his campaigns and elections are protected speech and should not be grounds for legal action.

Sadow emphasized that without the protection of the First Amendment, Trump would not be facing charges, including those related to RICO (Racketeer Influenced and Corrupt Organizations) and other counts. According to Sadow, removing the protected speech from the equation would undermine the entire basis for charging Trump, violating the Constitution in the process. He asserted that this case is ripe for a constitutional challenge.

Trump's legal team highlighted his contestation of the November 2020 election, as he refused to accept the projected victory of Joe Biden and delivered speeches claiming that the election was "stolen" and "rigged" against him. Despite no evidence of widespread fraud being found, Trump and his allies launched a campaign in Georgia seeking to overturn the election results. This included a controversial phone call where Trump pressured Georgia Secretary of State Brad Raffensperger to "find" enough votes for Trump to win.

Currently facing 10 charges in Georgia, Trump has pleaded not guilty. Earlier this month, Judge Scott McAfee dismissed three counts due to a lack of detail, but the remaining charges, which accuse Trump and a dozen allies of attempting to subvert the state's election results, still stand.

This hearing marked the first since Judge McAfee determined that Fulton County District Attorney Fani Willis's previous relationship with a top prosecutor involved in the case created a conflict of interest. After the prosecutor resigned, the judge allowed Willis to proceed, denying the defense's request to dismiss the indictment.

While Trump's attorney urged a resolution on the First Amendment issue before the trial, Judge McAfee suggested it might be more appropriate to address it during the trial itself. The defense could then request a directed verdict in their favor based on the constitutional challenge. Sadow argued that it is unconstitutional for an accused, including a former president, to stand trial for protected speech.

Aside from Trump's First Amendment defense, the hearing also addressed the case against David Shafer, the former Georgia Republican Party chair. Shafer faces charges related to his alleged involvement in sending an alternate slate of electors claiming Trump's victory in Georgia. His attorney, Craig Gillen, argued for the dismissal of some charges and the removal of language characterizing Shafer's Electoral College documents as "false" votes.

Judge McAfee did not make any rulings on motions during the hearing. As Trump prepares to appeal the judge's ruling denying the request to dismiss the indictment, McAfee indicated that he will continue moving forward with resolving the remaining pretrial matters.

Neither Trump nor Shafer were present in the courtroom for the hearing, as the former president has yet to attend any hearings in his Georgia case, while Shafer has been present for previous proceedings.