Donald Trump's Lawyer Seeks Dismissal of Georgia Criminal Case, Citing First Amendment Violation
ICARO Media Group
In a recent development, Donald Trump's lawyer has filed a motion to dismiss the criminal case against the former president in Georgia. The motion claims that the indictment violates Trump's first amendment rights by charging him for protected political speech. This comes after a similar request to dismiss the federal indictment in Washington DC was rejected.
The Fulton county district attorney, Fani Willis, had brought the election interference case against Trump in Georgia. The motion to dismiss argues that the charges, which include violating Georgia's racketeering statute, are an attempt to criminalize Trump's political speech.
Trump's lawyer, Steve Sadow, emphasized that the former president's statements regarding widespread fraud in the 2020 election were aimed at prompting investigations by government bodies responsible for conducting election-related affairs. Sadow argued that Trump's claims of election fraud were protected by the first amendment, as the US supreme court had previously ruled that false views on disputed political issues cannot be criminalized.
However, legal experts suggest that Trump may face difficulties in having the case dismissed. Judge Tanya Chutkan in Washington DC previously denied a nearly identical motion to dismiss, stating that "core political speech" does not shield Trump from prosecution if it is used to further criminal activity.
Chutkan's decision also highlighted that Trump's reliance on the supreme court precedent in United States v Alvarez - a case involving the Stolen Valor Act - was misguided. The court did not undermine the ability of prosecutors to charge cases where speech is used to advance a crime.
Trump, along with the original 18 co-defendants, pleaded not guilty to the racketeering charges back in August. However, several of his former lawyers and GOP operatives have since taken plea deals and are cooperating with the prosecution.
Reports indicate that the Fulton county district attorney's office does not intend to offer plea deals to Trump and key allies such as Mark Meadows and Rudy Giuliani. This suggests that the case will likely proceed, and Trump will have to face the charges brought against him in Georgia.
It remains to be seen how the court will rule on the motion to dismiss, but legal experts believe that Trump faces an uphill battle given the previous denial of a similar motion in the federal case. Time will tell how this legal battle unfolds and what implications it may have for the former president.