Former President Donald Trump's legal team has filed motions to dismiss the election-racketeering charges against him in Georgia. In a 34-page filing, they argued on due process grounds, claiming that the charges stem from protected political speech under the First Amendment. Trump's attorneys contended that the indictment's unique interpretation of existing statutes violates the principles of due process, as the alleged conduct has never been prosecuted in Georgia's history.
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| Trump filed a Motion to Dismiss in Fulton County, Georgia |
The motion emphasized that Trump, challenging an election through expressive conduct, had no prior warning that such actions could be criminalized. They argued that the indictment directly targets pure political speech, undermining established notions of due process.
Additionally, Trump's legal team filed two other motions mirroring arguments made in the federal election-subversion case before the D.C. Circuit Court of Appeals. One motion asserts presidential immunity from criminal prosecution for acts related to his presidency. The other motion contends that Trump cannot face criminal charges for acts he was acquitted of in his second impeachment trial due to the constitutional prohibition against double jeopardy.
While the D.C. Circuit Court of Appeals is set to hear arguments on Trump's immunity and double jeopardy claims in the federal case, the ruling will not impact the ongoing proceedings in the Georgia case. In Georgia, Trump faces 13 state felony counts along with 18 co-defendants in a 41-count indictment. Notably, four co-defendants, including a bail bondsman and three lawyers, have pleaded guilty as part of agreements with prosecutors.
Despite the prosecutor's request for a trial starting on August 5, Fulton County Superior Court Judge Scott McAfee has yet to schedule a trial date for the remaining 15 co-defendants, all of whom have pleaded not guilty. The legal battle surrounding Trump's charges in Georgia raises complex constitutional issues, including the interpretation of the First Amendment, presidential immunity, and the constitutional ban on double jeopardy.