A judge in Georgia has scheduled a hearing for March 28 to consider motions seeking dismissal of the Fulton County election interference case against former President Trump on free speech grounds.
Trump’s attorneys argue the prosecution infringes on his protected political speech.
“Here, the indictment’s recitation of supposedly ‘false’ statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment,” Trump attorney Steve Sadow said.
District Attorney Fani Willis, who faces criticism over comments implying the case targets Trump politically, has stated her determination to continue the prosecution on schedule.
While two other defendants’ similar motions were rejected, the judge will hear arguments that Trump’s statements about the 2020 election rigging, made the basis for charges, are not subject to prosecution.
“While that was going on, we were writing responsive briefs, we were still doing the case in a way that it needed to be done. I don’t feel like we’ve been slowed down at all. I do think there are efforts to slow down this train, but the train is coming,” Willis said.
“We’re not going to miss or skip a beat because of all the noise or distraction on one case. We’re going to continue to do our work,” she added.
“I’m not embarrassed by anything I’ve done. I guess my greatest crime is I had a relationship with a man, but that’s not something I find embarrassing in any way. And I know that I have not done anything that’s illegal,” Willis said.
“I am not a perfect human being, but what I am is a hard-working human being, and a human being that loves the community I serve and who understands this seat does not belong to me, it belongs to the people,” Willis added. “And as long as I’m here, I’m going to try to do the job in a way that’s honorable.”
Legal experts say Willis’ public remarks risk harming the case’s credibility by politicizing it, though may not directly impact court decisions.
“Prosecutors announcing at the outset of a case who they’re indicting, the charges being brought and why is fine, but they should not make public statements that have no legitimate law enforcement purpose even in the context of a political campaign,” Atlanta defense attorney Andrew Fleischman said.
“They strengthen arguments for gag orders and disqualification, and they harm the public’s trust that this trial is about holding people accountable for crimes they have committed, rather than as part of an overall political strategy,” Fleischman added.
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