During an upcoming hearing, Trump’s attorney will argue that the indictment against the former president related to Georgia’s 2020 election interference case should be dismissed on First Amendment grounds, claiming Trump’s speech disputing the election results is protected political speech.
Previous First Amendment challenges by co-defendants have failed.
The judge will also hear arguments from co-defendant David Shafer, former Georgia GOP chair, who is alleged to have coordinated fake electors.
“The core political speech and expressive conduct alleged in this indictment against President Trump are protected from government regulation and thus criminal prosecution by the State,” Trump attorney Steve Sadow wrote.
“Criminalizing President Trump’s speech and advocacy disputing the outcome of the election—while speech endorsing the election’s outcome is viewed as unimpeachable—is thus blatant viewpoint discrimination,” he added.
“I’m also realistic that one of the defendants has multiple cases going on and some of them have trial dates that are ahead of ours. So, I’m always going to be respectful of sister jurisdictions,” Willis said.
Shafer’s attorneys argue he was only following legal advice and his actions did not constitute racketeering.
Fulton County DA Fani Willis recently said she is ready to move the case forward after efforts to disqualify her failed.
“Neither the emails or text messages, nor Mr. Shafer’s reservation of a room at the State Capitol, constitute ‘racketeering activity’ for the purposes of RICO,” Shafer’s attorneys wrote.
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