ATLANTA, GA – Former President Donald Trump’s lawyer argued on Thursday that the charges against him in the Fulton County election interference case should be dismissed. According to his lawyer, Trump cannot be criminally charged for political speech protected under the First Amendment. Trump’s lead attorney, Steve Sadow, emphasized that all the allegations against the former president involved expressive conduct or speech, which he believes fall within the realm of political discourse.
The arguments were presented before Fulton Superior Court Judge Scott McAfee, marking a return to the extensive racketeering case against Trump and 14 co-defendants. The case had been on hold for more than two months due to an investigation into DA Fani Willis’ romantic relationship with a subordinate. Defense attorneys had previously argued that Willis and her entire office should be disqualified from prosecuting Trump, citing a conflict of interest due to her relationship with lead special prosecutor Nathan Wade.
Although McAfee denied the defense motion, he stated that Willis could only stay on the case if Wade withdrew. Wade ultimately stepped down just hours after the order was issued on March 15. While McAfee has allowed the defense to appeal his decision, he has resumed working on the core of the election interference case, hearing motions from Trump and former state GOP chair David Shafer.
Trump’s lawyer’s arguments regarding political speech in the Fulton case echo those made in the federal election interference case in Washington. Fulton prosecutor Donald Wakeford asked McAfee to consider the order issued by U.S. District Judge Tanya Chutkan, which denied a challenge asserting that Trump’s indictment violated the First Amendment. In Chutkan’s ruling, she stated that the First Amendment does not protect speech used as an instrument of a crime, noting that the indictment charged Trump for making statements in furtherance of a crime.
Sadow pointed out that the charges against Trump in Fulton, which include racketeering and 12 other felony counts, are all rooted in his political speech aimed at ensuring the integrity of the 2020 presidential election. On the other hand, Wakeford rejected this premise, stating that Trump’s actions constituted a criminal act with criminal intentions. Wakeford argued that just because speech addresses public concerns or involves core political issues does not exempt it from indictment if it is used to pursue criminal activities.
During the hearing, Wade was notably absent from the prosecution table, leaving Wakeford to lead the arguments for the DA’s office. McAfee did not provide any indication of when the trial in the case would take place.