Trump's lawyer ask judge to dismiss Georgia case

 March 29, 2024

Former President Donald Trump's legal team just asked a Georgia judge to dismiss the case that Fulton County District Attorney Fani Willis has brought against him.

This is the case in which Willis has accused Trump and his associates of having committed crimes when they attempted to challenge Georgia's results in the 2020 presidential election.

The New York Post reports that Trump's legal team, on Thursday, presented their arguments for why the case ought to be dismissed to Fulton County Superior Court Judge Scott McAfee.

According to the outlet, they argued that the case ought to be dismissed on First Amendment grounds

It's all "political speech"

Trump's legal team essentially argued that Willis's case ought to be thrown out because she is attempting to prosecute Trump for having engaged in constitutionally protected free speech. The argument was presented to McAfee by Steve Sadow, one of Trump's lawyers.

"There is nothing alleged factually against President Trump that is not political speech," Sadow said.

The lawyer went on to argue that, following the 2020 presidential election, Trump, as the president of the United States, was simply expressing his concerns about the integrity of the election and that expressing such concerns is "the height of political speech," and, thus, is protected by the Constitution.

"Clearly being president of the United States, at the time, dealing with elections and campaigning, calling into question whether what had occurred, at least in the election of 2020 for president, that's the height of political speech," Sadow said.

Sadow also argued that, whether or not Trump's views on the integrity of the 2020 presidential election are true or false, Trump's speech is constitutionally protected.


The Post reports, "[Thursday's] hearing was the first move in the case since Fulton County Judge Scott McAfee ruled that Willis could continue to lead the investigation, despite her admitted affair with lead prosecutor Nathan Wade — who has since resigned."

Trump was not present in the courtroom on Thursday.

It is unclear when McAfee will rule on Trump's dismissal motion.

It is worth pointing out that some of Trump's co-defendants in the case have also tried to get their cases dismissed on First Amendment grounds, but McAfee refused to grant their motions. Instead, the judge said that he first needed to hear some trial evidence.

With this in mind, it is probably unlikely that McAfee will grant Trump's motion to dismiss. But, we should find out for sure in the coming weeks.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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