Trump's Attorneys Invoke First Amendment in Bid to Dismiss Georgia Election Racketeering Case
ICARO Media Group
Attorneys representing former President Donald Trump have formally requested a judge to dismiss criminal racketeering charges against him in Georgia's 2020 election, citing First Amendment protection. Lead attorney Steve Sadow argued that the allegations involved "core political speech" and urged the judge to dismiss the indictment before the trial.
In court documents filed on Monday, Sadow and Jennifer Little, Trump's other Georgia attorney, wrote, "The First Amendment, in affording the broadest protection to political speech and discussion regarding governmental affairs, not only embraces but encourages exactly the kind of behavior under attack in this Indictment."
Fulton County District Attorney Fani Willis had charged Trump and 18 others with participating in a criminal enterprise aimed at keeping Trump in the White House despite his loss in the 2020 election. While four co-defendants have accepted plea deals, Trump and the remaining defendants have pleaded not guilty and continue to deny any wrongdoing.
Trump's legal team argued that the prosecutors failed to identify any actions by Trump that were separate from political speech and advocacy. They stated, "Every charge and overt act alleged against President Trump rests on core acts of political speech and advocacy that lie at the heart of the First Amendment."
This indictment is one of four criminal cases that Trump currently faces while campaigning for a potential return to the White House. In a federal case relating to alleged efforts to overturn the 2020 election, Trump has also invoked the First Amendment, but his argument was rejected by a federal district judge. He has appealed the decision.
In addition to the First Amendment defense, Trump's attorneys plan to make other pretrial arguments, including a motion to dismiss based on presidential immunity. The deadline for Trump's pretrial motion in the Georgia case is set for next month.
The outcome of these pretrial defenses will significantly impact Trump's legal battles and potentially influence his political aspirations as he considers running for the presidency again. Amidst the ongoing cases, the former president remains focused on shaping his public image and rallying his base of supporters.