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 December 19, 2023

Trump asks judge to drop 'invalid' Georgia election interference charges

In a court filing Monday, former President Donald Trump again requested a Georgia judge to dismiss his Fulton County election tampering charges on First Amendment grounds, calling the indictment "categorically invalid" because it criminalizes "core political speech."

"President Trump enjoys the same robust First Amendment rights as every other American," said the new filing from Trump attorneys Steve Sadow and Jennifer Little, as ABC News reported.

"The indictment here does not merely criminalize conduct with an incidental impact on protected speech; instead, it directly targets core protected political speech and activity."

The new document backs up the claims made by Trump's legal team during a court hearing earlier this month, when they argued that the indictment "violates free speech."

"The indictment needs to be dismissed," Sadow told the court during the Dec. 1 hearing.

Attorneys for Trump contend in the filing on Friday that the First Amendment "not only embraces but encourages" the kinds of actions Trump took in Georgia, including his infamous phone call pleading with Secretary of State Brad Raffensperger to "find" enough votes to help Trump win the state.

"Because the claim the 2020 election was rigged and stolen is protected by First Amendment when it is made in a public speech, it is equally protected by the First Amendment when it is made to government officials in an act of petitioning or advocacy," the filing states.

The filing also makes the claim, according to Trump's legal team, that the Fulton County indictment only relates to Trump's advocacy and speech activities, both of which are First Amendment-protected.

"The Fulton County prosecutors have not identified any non-speech or non- advocacy conduct in the allegations against President Trump," it said. "Every charge and overt act alleged against President Trump rests on core acts of political speech and advocacy that lie at the heart of the First Amendment."

The lawyers contend that the speech would still be protected regardless of the veracity of Trump's claims.

"Under the First Amendment, the Government may not prohibit or criminalize speech on disputed social, political, and historical issues simply because the Government determines that some views are 'true' and others are 'false,'" the filing said.

"The fact that the prosecution alleges the speech was 'false' does not change that conclusion, particularly within the political context."

In August, Trump and 18 others entered not guilty pleas to all counts contained in the expansive racketeering indictment brought by the Fulton County district attorney.

The indictment dealt with allegations of attempts to reverse the 2020 Georgia presidential election results. Subsequently, four of the co-defendants accepted plea bargains that required them to testify against other accused individuals.

As a politically driven probe, the ex-president has dismissed the district attorney's probe.

Written By:
Charlotte Tyler

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