Trump lawyers to argue for dismissal of Georgia election case based on 1st Amendment

Attorneys for Donald Trump are expected back in a Georgia courtroom Thursday to argue that the election interference charges against the former president should be dismissed because his actions related to the 2020 election were “political speech and advocacy that lie at the heart of the First Amendment. “

“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,” Trump attorney Steven Sadow wrote in a motion in December arguing for dismissal.

The hearing in Fulton County, Georgia, will be the first time that the parties in the case return to court since the failed disqualification effort against Fulton County District Attorney Fani Willis. Trump and several co-defendants in the case received permission last week to appeal that decision.

Trump and 18 others pleaded not guilty last August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.

Earlier this month, Georgia Superior Court Judge Scott MacAfee dismissed six of the counts against Trump and his co-defendants, for soliciting the oath of a public officer, due to a technical fault in the indictment. McAfee ordered Thursday’s hearing to consider three motions from lawyers for Trump and co-defendant David Shafer related to the dismissal of the indictment.

In their motion, Trump’s lawyers argue that the First Amendment protects the former president’s conduct related to the 2020 election, and makes the indictment “categorically invalid.”

“President Trump enjoys the same robust First Amendment rights as every other American,” Sadow argued in a filing. “The indictment here does not merely criminalize conduct with an incidental impact on protected speech; instead, it directly targets core protected political speech and activity.”

“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 filing said.

Lawyers for Shafer, the former Georgia Republican Party Chair, are expected to argue two motions related to alleged flaws in the indictment. His lawyers have argued that he was attempting to comply with the advice of counsel when he served as — and assembled — so-called “fake electors” following the 2020 election.

Shafer’s attorneys also asked Judge McAfee to strike several phrases from the indictment, arguing that it is “riddled with conclusory legal assertions” — including phrases like “duly elected and qualified presidential electors,” “lawful electoral votes” and “false Electoral College votes .”

“Mr. Shafer is entitled to an Indictment perfect in form, setting forth all essential elements of the alleged offences,” Shafer’s lawyers argued. “The prosecution’s Indictment falls woefully short of these standards.”