Former President Trump Argues First Amendment Defense in Bid to Dismiss Georgia Election Interference Charges

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ICARO Media Group
Politics
18/12/2023 20h04

In a recent court filing, former President Donald Trump is once again calling for the dismissal of his election interference charges in Fulton County, Georgia, citing his First Amendment rights. Trump's attorneys, Steve Sadow and Jennifer Little, argue that the indictment against him is "categorically invalid" as it seeks to criminalize his "core political speech."

Trump's legal team asserts that the First Amendment protects his rights to engage in robust political speech, just like any other American citizen. They argue that the indictment goes beyond merely criminalizing conduct with an incidental impact on protected speech and instead directly targets Trump's core protected political speech and activity.

This latest filing supports arguments previously made by Trump's attorneys during a court hearing on December 1, where they claimed that the indictment "violates free speech." Sadow stated during the hearing that the indictment should be dismissed altogether.

According to Trump's attorneys, the First Amendment not only embraces but encourages the type of actions undertaken by Trump, including his infamous phone call with Georgia's Secretary of State, Brad Raffensperger, where Trump urged him to "find" enough votes to overturn his loss in the state.

Trump's legal team argues that the claim of a rigged and stolen 2020 election is protected under the First Amendment, whether it is made during a public speech or in communication with government officials as an act of petitioning or advocacy.

Moreover, the filing states that the Fulton County indictment solely charges Trump for speech and advocacy actions, which are protected under the First Amendment. They contend that the prosecutors have failed to identify any non-speech or non-advocacy conduct in their allegations against Trump and that all charges rest on political speech and advocacy, which are fundamental to the First Amendment.

The attorneys also emphasize that Trump's speech remains protected, even if his statements were proven false. They argue that the government cannot prohibit or criminalize speech on disputed social, political, and historical issues based on the government's determination of truth or falsehood, particularly within the political context.

Trump and 18 others pleaded not guilty in August to all charges in the Fulton County district attorney's racketeering indictment. The charges stemmed from alleged efforts to overturn the results of the 2020 presidential election in Georgia. Since then, four co-defendants have entered into plea deals in exchange for testifying against other defendants.

Trump has consistently dismissed the district attorney's investigation as politically motivated.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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