ATLANTA (AP) — The charges against former President Donald Trump in the Georgia election interference case seek to criminalize political speech and advocacy conduct that the First Amendment protects, his lawyers argued in a court filing challenging the indictment.
Fulton County Superior Court Judge Scott McAfee plans to hear arguments on that filing and on two pretrial motions filed by former Georgia Republican Party chair David Shafer during a hearing set for Thursday. Lawyers for Shafer argue that he acted legally when he and other state Republicans signed a certificate asserting that Trump won the 2020 presidential election in Georgia and declaring themselves the state’s “duly elected and qualified” electors.
McAfee is forging ahead with the case even as Trump and other defendants have said they plan to seek a ruling from the Georgia Court of Appeals to disqualify District Attorney Fani Willis. The judge earlier this month rejected defense efforts to remove Willis and her office over her romantic relationship with special prosecutor Nathan Wade, but he did give the defendants permission to seek a review of his decision from the appeals court.
Willis in August obtained an indictment against Trump and 18 others, accusing them of participating in a wide-ranging scheme to try to illegally overturn the 2020 presidential election in Georgia, which the Republican incumbent narrowly lost to Democrat Joe Biden. All of the defendants were charged with violating Georgia’s expansive anti-racketeering law, along with other alleged crimes.
Four people have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty. No trial date has been set, though Willis has asked that it begin in August.
Trump’s lawyers wrote in their filing that the crimes their client is charged with fall into five separate areas: Republican elector certificates submitted by Georgia Republicans; a request to the Georgia House speaker to call a special legislative…
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