Former President Donald Trump’s legal team argued Monday that the indictment accusing him of illegally trying to overturn the results of the 2020 Georgia election violates his First Amendment rights and should be dismissed.
The 77-year-old’s appeal comes as the Supreme Court prepares to consider whether he has immunity from federal charges in a separate case surrounding his attempt to stay in power after losing to Joe Biden.
“If there is anything constant in our democratic system of governance, it is that the marketplace of ideas—not the mandates of government officials or partisan prosecutors—determines the scope of public debate,” attorney Steve Sadow wrote in a 19-page motion filed in Fulton County Superior Court. .
“The charge here is not simply to criminalize conduct with collateral effects on protected speech; rather, it directly targets protected core political speech and activity.”
Fulton County District Attorney Fani Willis slapped Trump with a 13-count indictment in August, alleging he violated Georgia’s version of the Corrupt Organizations and Influence Act in his bid to win the Peach State.
A photo of Donald Trump from the Fulton County indictment. FULTON COUNTY SHERIFF’S OFFICE/AFP via Getty Images
Willis’ lengthy investigation into Trump was sparked by his leaked call to Georgia Secretary of State Brad Raffensperger, in which the 45th president stressed the need to “find” 11,780 votes — enough to overturn his defeat.
Prosecutors have accused Trump of illegally conspiring to overturn the 2020 election and have cited some of his post-election machinations, such as a push for battleground states to approve alternative voter lists.
But Trump’s legal team countered that he was making a permissible challenge to the decision under the Constitution.
Fani Willis began investigating the former president in 2021. Donald Trump’s AP has vehemently denied allegations of wrongdoing. Reuters
“Given the context in which the speech was uttered – while challenging the presidential election – the political speech was directed at the state legislature, the state official tasked with conducting the investigation,” continued Sadow.
“It is aimed at bodies responsible for running government affairs, bodies that have information in their possession, bodies that carry out investigations, and bodies that are authorized to adjudicate those complaints.”
Trump now faces a total of 91 criminal charges against him in four separate cases, and has pleaded not guilty to all of them while denying wrongdoing.
Former president is 2024 GOP frontrunner. REUTERS
He was one of 19 individuals initially charged in the Fulton County case, four of whom have accepted plea offers.
Willis, a Democrat, rejected complaints by the Trump team last week that the 2024 election should delay the case.
“If prosecutors find they broke the law, they have an ethical obligation to press charges,” he told the Associated Press. “So it’s a silly notion to me, because one runs [for] office that your criminal case will be dropped.”
Categories: Trending
Source: thtrangdai.edu.vn/en/
