Georgia Charges Against Trump: A Violation of Free Speech & Presidential Immunity
Trump's lawyers claim charges in Georgia infringe upon 'free speech' rights and argue that as a sitting president, he cannot be tried They further argue that if he wins the 2024 election, the trial must be postponed until after his second term
Donald Trump's legal team argued in court on Friday that his indictment for election subversion in Georgia should be dismissed on the grounds that it violates free speech. They also claimed that if he were to win the 2024 election, the trial would need to be postponed until he completes his potential second term as president. The arguments were presented during an all-day hearing in Atlanta where attorneys for the 14 other defendants, in addition to Trump, also made their case. Fulton County Superior Court Judge Scott McAfee presided over the hearing, which addressed various pretrial motions related to the potential trial date, efforts to dismiss the charges, and discovery matters.
On November 18, 2023, in Fort Dodge, Iowa, former President Donald Trump addressed a gathering of his supporters at the Fort Dodge Senior High School. During his speech, he touched on a range of topics related to his time in office and current events. (Photo by Jim Vondruska/Getty Images)
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McAfee refrained from making any rulings from the bench during the approximately six-hour hearing.
This marked the initial in-person appearance for Trump's legal team in the Georgia case, where he and 14 others are confronting various state charges, such as racketeering or RICO, for their efforts to overturn the 2020 election. They have entered a plea of not guilty.
Trump's legal team contended that the indictment, brought by Fulton County District Attorney Fani Willis, essentially criminalizes political actions protected by the First Amendment.
"Once you consider the facts alleged in the indictment... when examined in light of the First Amendment, you'll see that it infringes upon free speech, the right to petition, and all forms of expression that the First Amendment aims to safeguard, and as such, the indictment should be thrown out," stated Trump's lawyer Steven Sadow to the judge.
If the case withstands dismissal attempts by Trump and others, Willis is aiming to convene one comprehensive trial involving all 15 remaining defendants. Although a trial date has yet to be determined, state prosecutors are pushing for it to commence in August 2024, a proposition that Trump is against.
"It is highly likely that during that period, my client will be running for the presidency of the United States as a member of the Republican Party," Sadow stated, noting that "the preference is that he not be on trial while he is campaigning."
Accompanied by his attorney, Scott Grubman, Kenneth Chesebro is sworn in during a plea deal hearing presided over by Fulton County Superior Judge Scott McAfee at the Fulton County Courthouse on October 20, 2023 in Atlanta, Georgia.
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McAfee asked Sadow about the impact on the case if Trump were to win the 2024 election before the trial took place. This raises the unprecedented challenge that the leading GOP candidate for the next election is facing indictment in four cases. Sadow responded that according to the Supremacy Clause and the president's duty, the trial would not take place until after his term of office.
Fulton County prosecutors refuted Sadows' allegations that the indictment is a ploy to disrupt the 2024 election and sabotage Trump's chances of success. Trump has alleged that Willis, a Democrat, pursued the case out of an anti-Republican agenda.
Prosecutor Nathan Wade stated that Willis "is not seeking to interfere or intervene in the upcoming presidential election" and that "her only objective is to progress with this case."
CNNs Hannah Rabinowitz and Zachary Cohen contributed to this report.
