Attorneys for former President Donald Trump are seeking to dismiss a criminal racketeering case against him in Georgia, arguing that the allegations involve protected political speech.
The Fulton County prosecutors charged Trump and others with violating a racketeering statute related to efforts to overturn the 2020 election results.
Trump and his co-defendants maintain their innocence and allege that the charges are politically motivated. (Trending: Assault Weapons Ban Set To Take Effect, Here’s What To Know)
Steve Sadow, Trump’s lead attorney in the Georgia case, as well as Jennifer Little, another Trump attorney, said, “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.”
“The Fulton County prosecutors have not identified any non-speech or non-advocacy conduct in the allegations against President Trump,” they continued.
“An examination of the indictment reveals why: none of the allegations relate to any non-speech or nonadvocacy conduct,” they wrote.
“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.”
The district attorney has faced criticism for alleged political motivations in prosecuting Trump, and there are disputes over the timeline and intentions of the trial.
Trump’s attorneys also plan to seek dismissal on presidential immunity grounds.
“I believe in that case there will be a trial, I believe the trial will take many months,” prosecutor Fani Willis told the Washington Post. “And I don’t expect that we will conclude until the winter or the very early part of 2025.”
Fulton County Superior Court Judge Robert McBurney criticized Willis for hosting a fundraiser for a Democratic candidate running against one of the investigation’s potential targets.
“It’s a ‘What are you thinking?’ moment,” McBurney said. “The optics are horrific.”
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