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Trump Team Accused of ‘Rewriting Indictment’ in Georgia Case

By Good Info News Wire on March 28, 2024

Article Summary –

Lawyers for Donald Trump are seeking the dismissal of his Georgia election interference case by arguing that his comments questioning the 2020 election results are protected by the First Amendment as “political speech.” Prosecutor Donald Wakeford, however, argued that Trump’s speech was part of a criminal conspiracy and thus not protected by the First Amendment. The case marks the first return to court since a failed disqualification effort against Fulton County District Attorney Fani Willis, and Trump himself is not attending the proceedings.

Trump’s Lawyers Seek Dismissal of Georgia Election Interference Case

Lawyers representing Donald Trump argue that his 2020 election comments, which have been deemed questionable, are essentially “the height of political speech.” This argument is part of their broader attempt to have Trump’s Georgia election interference case dismissed.

First Amendment Rights and Political Speech

Trump’s defense team is advocating for the dismissal of election interference charges in a Fulton County courtroom, arguing that his 2020 election actions are at the core of the First Amendment’s protection of political speech. Even if Trump’s statements were false, they are protected as valuable contributions to public discourse, argues Trump’s attorney Sadow.

Prosecutor’s Argument

Prosecutor Donald Wakeford, however, counters that Trump’s speech was part of a conspiracy to commit crimes. Wakeford contends that Trump was part of a “criminal organization,” and his speech is not shielded by the First Amendment because he used his words to commit crimes.

Trump’s Motion to Dismiss

Wakeford further argues that Trump’s motion to dismiss is premature and lacks a justifiable basis for dismissing the indictment. He contends that Trump’s speech and expressions were used as part of a pattern of criminal conduct.

This hearing in Fulton County, Georgia, is the first since the unsuccessful disqualification effort against District Attorney Fani Willis. Trump and some co-defendants have been permitted to appeal that decision.

Trump’s Non-Appearance and Not Guilty Plea

Trump, who is not attending the proceedings, and 18 others, pleaded not guilty to all charges in a sweeping racketeering indictment concerning alleged efforts to overturn the 2020 presidential election results in Georgia. Four defendants have taken plea deals in return for their agreement to testify against other defendants.

Dismissal of Counts and Motions for Dismissal of Indictment

Earlier this month, Judge McAfee dismissed six counts against Trump and his co-defendants due to a technical error in the indictment. The Judge ordered a hearing to consider three motions related to the dismissal of the indictment.

Trump’s lawyers argue that the First Amendment protects Trump’s actions related to the 2020 election, rendering the indictment “categorically invalid.” They assert that Trump enjoys the same First Amendment rights as every other American, and the indictment targets core protected political speech and activity.

Arguments from Shafer’s Lawyers

Former Georgia Republican Party Chair David Shafer’s lawyers are anticipated to argue two motions related to flaws in the indictment. They argue that Shafer was following legal advice when he served as so-called “fake electors” after the 2020 election. They have also requested the removal of several phrases from the indictment, claiming it includes “conclusory legal assertions.”

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Trump Team Accused of ‘Rewriting Indictment’ in Georgia Case

by Good Info News Wire, Good Info News Wire
March 28, 2024

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