Trump’s legal team makes a free-speech argument

AT L A N TA The charges against Donald Trump in the Georgia election interference case seek to criminalize political speech and advocacy conduct that the First Amendment protects, a lawyer for the former president said Thursday as he argued that the indictment should be dismissed.

The hearing before Fulton County Superior Court Judge Scott McAfee was on a filing from Trump and on two pretrial motions by codefendant David Shafer and centred on technical legal arguments. It marked something of a return to normalcy after the case was rocked by allegations that District Attorney Fani Willis improperly benefited from her romantic relationship with Nathan Wade, a special prosecutor hired for the case.

“There is nothing alleged factually against President Trump that is not political speech,” Trump’s lead lawyer, Steve Sadow, told the judge. Sadow said a sitting president expressing concerns about an election is “the height of political speech” and that is protected even if what was said ended up being false.

Prosecutor Donald Wakeford countered that Trump’s statements are not protected by the

First Amendment because they were integral to criminal activity.

“It’s not just that they were false. It’s not that the defendant has been hauled into a courtroom because the prosecution doesn’t like what he said,” Wakeford said, adding that Trump is free to express his opinion and make legitimate protests. “What he is not allowed to do is to employ his speech and his expression and his statements as part of a criminal conspiracy to violate Georgia’s RICO statute, to impersonate public officers, to file false documents, to make false statements to the government.”

Wakeford pointed out that similar arguments were raised and rejected in the federal election interference case against Trump brought by Department of Justice special counsel Jack Smith. U.S. District Judge Tanya Chutkan wrote in a December ruling that “it is well established that the First Amendment does not protect speech that is used as an instrument of a crime.”

“Defendant is not being prosecuted simply for making false statements … but rather for knowingly making false statements in furtherance of a criminal conspiracy and obstructing the electoral process,” Chutkan wrote.

There is nothing alleged factually against President Trump that is not political speech.

STEVE SADOW TRUMP’S LEAD LAWYER