Donald Trump’s lawyers formally asked a judge to toss Trump’s Georgia 2020 election criminal racketeering case on First Amendment grounds.
On Monday, Sadow filed court papers insisting that the allegations involved “core political speech,” telling the judge the indictment must be dismissed ahead of trial, according to The Hill.
“The First Amendment, in affording the broadest protection to political speech and discussion regarding governmental affairs, not only embraces but encourages exactly the kind of behavior under attack in this Indictment,” wrote Sadow and Jennifer Little, Trump’s other Georgia attorney.
“The Fulton County prosecutors have not identified any non-speech or non-advocacy conduct in the allegations against President Trump,” Trump’s attorneys wrote in the new filing.
“An examination of the indictment reveals why: none of the allegations relate to any non-speech or nonadvocacy conduct,” they continued. “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.”
Trump and 18 co-defendants were charged in August with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Trump and his 18 co-defendants have all pleaded not guilty to the combined 41 charges they face. The former president has also made numerous attempts to have the trial delayed, arguing his team would not be ready for trial by October.