Trump moves to dismiss Georgia election case on First Amendment grounds

The legal team of former President Donald Trump asked a court on Monday to dismiss the case brought against him by Fulton County district attorney Fani Willis in relation to his attempts to contest the results of the presidential elections held in Georgia for 2020.

Willis indicted Trump and 18 others in August this year for violations of the state’s Racketeer Influenced and Corrupt Organizations Act. Trump faces numerous conspiracy and solicitation allegations, to which he has also pleaded guilty.

The Hill reported that Trump attorneys Steve Sadow, Jennifer Little, and Michael Levine filed a motion for dismissal on Monday, arguing “that the First Amendment not only protects political speech and discussions regarding government affairs but also encourages the exact type of behavior under fire in this Indictment.”

The Fulton County Prosecutors have not identified non-speech conduct or non-advocacy in the allegations made against President Trump… A review of the indictment shows why: None of the accusations relate to non-speech conduct or nonadvocacy,” they continued.

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Sadow plans to file another motion for dismissal based on presidential immunity. However, such claims were scrutinized by the courts in Trump’s previous election case.

Trump’s lawyers have raised immunity arguments in the D.C. election case brought against him by Jack Smith, even though Smith has asked for the Supreme Court to rule on these arguments.

Tanya Chutkan, U.S. District court Judge, paused last week the case during the appeals process.