Trump lawyers file latest effort to get Georgia election case tossed
December 18, 2023
Donald Trump’s Georgia election interference case could be tossed if his lawyers’ newest tactic succeeds, court records show.
The former president’s legal team Monday filed a motion to dismiss Fulton County District Attorney Fani Willis’ case, arguing Trump’s post-2020 election actions were protected by the First Amendment right to free speech.
"Every single alleged overt act listed and count charged against President Trump seeks to criminalize content-based, core political speech,” the lawyers wrote in Monday’s filing.
“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.”
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Willis in August accused Trump and 18-codefendants of corruptly attempting to overturn the 2020 presidential election in her state by organizing a slate of fake electors to affirm a victory that was not his.
Since then, four people — Kenneth Chesebro, Jenna Ellis, Scott Hall and Sidney Powell — have copped plea deals in exchange for testimony against Trump and the remaining co-defendants. All have since apologized, two with eyebrow-raising brevity.
This is not the first time Trump’s attorneys have raised the prospect of dismissal, notes the Messenger, first to report the filing.
At a pre-trial hearing, Steve Sadow argued Trump's indictment should be dismissed in its entirety or at least postponed until 2029.
Sadow has also targeted Willis directly, accusing the Georgia prosecutor of playing politics.