Attorneys who argued Friday that the Georgia election racketeering case against Donald Trump was an attack on free speech stunned a legal expert watching the pre-trial hearing.
“We’re hearing very bad American history,” complained Anthony Michael Kreis on X. “Good God, it’s getting worse.”
Kreis, a Georgia State law professor and political scientist, was watching the pre-trial hearing where Donald Trump and his co-defendants’ attorneys argued the state could not charge fake presidential electors with a crime.
The legal team argued each count in the indictment related to free speech and therefore could not be prosecuted under the U.S. constitution.
But Kreis said certain allegations outlined in Fulton County District Attorney Fani Willis’ indictment — namely “ballot stuffing, voter intimidation, or other forms of election fraud” — went well beyond protected political speech.
“The argument currently being made by the defense is conflating false speech and speech attendant to fraud,” Kreis said.
Trump’s attorney Steve Sadow then appeared in court to double down on First Amendment arguments.
“You’ll find that it violates free speech, freedom of petitioning, all the expressions that the First Amendment is designed to protect,” Sadow said, according to CNN. “And therefore the indictment needs to be dismissed.”
Sadow also pushed back against an August trial date he called “election interference” as his client is the leading conservative presidential candidate, Kreis reports.
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“It’s very possible at that time, that my client will be running for election for president of the United States for the Republican Party,” Sadow reportedly said.
Fulton Country District Attorney’s office lawyer Nathan Wade was quick to rebut this claim, Kreis noted.
“This trial does not constitute election interference,” Wade said. “This trial is moving along with the business of Fulton County.”
McAfee asked Sadow, according to legal expert Joyce Alene, "If your client wins the presidency, can this case be tried?"
"I believe under the Supremacy clause this trial would not take place at all until he left the [White House,]" he reportedly replied.
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