


Former President Donald Trump's Georgia election subversion case should be dismissed because Trump was exercising his First Amendment rights at the time of the alleged crimes, his attorney Steve Sadow argued in a Monday court filing.
Sadow wrote in a 19-page filing that Fulton County District Attorney Fani Willis's sweeping racketeering indictment is seeking to criminalize "content-based, core political speech and expressive conduct."
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"President Trump enjoys the same robust First Amendment rights as every other American. 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. For this reason, it is categorically invalid under the First Amendment," Sadow wrote.
Trump is among 19 initial co-defendants indicted in the case Willis brought against them in August. Four defendants, including lawyers Kenneth Chesebro, Sidney Powell, and Jenna Ellis, along with local bail bondsman Scott Hall, have pleaded guilty as part of deals made with prosecutors.
Trial dates have not been set for the remaining 15 defendants, though Willis is aspiring to have one begin on Aug. 5, just three months before the general election, as Trump seeks to take on President Joe Biden.
The filing comes after a Dec. 1 meeting with Fulton County Superior Court Judge Scott McAfee in which defense lawyers and prosecutors deliberated over eight different motions to dismiss specific charges or end the entire case.
"President Trump urges the Judge in his Fulton County, GA case to protect and uphold the First Amendment rights of all American citizens to freedom of speech by dismissing the unconstitutional indictment against the President," Sadow told the Washington Examiner in a statement.
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Sadow's filing argued that Willis's team has failed to identify "any non-speech or non-advocacy conduct in the allegations against President Trump."
"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 filing added.