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Due to First Amendment concerns, former President Donald Trump has asked a Georgia judge to drop Fulton County election tampering allegations. Trump calls the indictment “categorically invalid” for criminalizing “core political speech.”
Trump, in filing, asks judge to dismiss ‘invalid’ Georgia election interference charges (Photo: NBC News)
Trump’s Legal Team Asserts First Amendment Defense Against Charges
Recent filings by President Trump’s attorneys, Steve Sadow and Jennifer Little, claim that Trump has strong First Amendment rights like all Americans. The Trump indictment specifically targets political speech and action, according to the complaint. This supports earlier claims that the indictment infringes free speech.
Trump’s attorney, Steve Sadow, demanded the charges be dropped on December 1. Trump’s legal team contends in the current brief that the First Amendment covers and encourages his activities in Georgia, such as his legendary phone call pushing Secretary of State Brad Raffensperger to “find” enough votes to reverse Trump’s loss.
The current complaint claims that public communication or petitioning or advocating to government officials about the 2020 election was rigged and stolen is protected by the First Amendment. Trump’s attorneys claim in the brief that the Fulton County charge only targets speech and advocacy, which are First Amendment-protected.
READ ALSO: Trump’s attorney argues Georgia election case should be dismissed due to First Amendment
Fulton County Charges Based on Protected Speech, Trump’s Attorneys Argue
The brief states that Fulton County prosecutors have not found any non-speech or non-advocacy activity in President Trump’s charges, underlining that all claims are based on First Amendment-protected political speech and advocacy. Trump’s attorneys believe that the First Amendment protects his misleading statements because the government cannot penalize speech on contested matters.
Trump and 18 others charged with plotting to alter the 2020 election pleaded not guilty in August, while four accepted plea offers. Trump claims the inquiry is political.
READ ALSO: Trump fraud trial: Saying ‘a lie is still a lie,’ judge rejects Trump’s request for directed verdict
