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ProudMNDemocrat

(16,785 posts)
Thu Mar 28, 2024, 09:26 AM Mar 28

Judge Forges Ahead With Pretrial Motions In Trump Georgia Election Interference Case

It looks like Lawyers for TSF are attempting to use the 1st Amendment to either have the RICO charges dismissed against TSF or the trial delayed as a counter means to having DA Fani Willis removed from the case. You be the judge.

Lawyers for Trump argued that the charges in the Georgia election interference case seek to criminalize speech that is protected by the First Amendment. 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.

Prosecutors argued in response that the indictment “is based on criminal acts, not speech.” Wherever speech is involved, they wrote, it is “speech integral to criminal conduct, fraud, perjury, threats, criminal solicitation, or lies that threaten to deceive and harm the government.”

Read more at...[link:https://www.huffpost.com/entry/georgia-election-indictment_n_6605562be4b05f4de327e927|

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Botany

(70,508 posts)
2. Team Fani; Charges are "based on criminal acts, not speech." This not a 1st amendment issue.
Thu Mar 28, 2024, 09:42 AM
Mar 28

This is a real good sign. Tic tock Donny your ass is grass (hopefully). Fani Willis, “I
don’t come to play.” Her 1st presser after taking on this RICO case.

ProudMNDemocrat

(16,785 posts)
4. When speech is used in part to commit a crime....
Thu Mar 28, 2024, 10:00 AM
Mar 28

It ceases to be FREE and protected. What part of that do TSF's lawyers NOT understand?

Botany

(70,508 posts)
6. "They" aka Trump's lawyers know their argument is specious but it does delay things and that is what...
Thu Mar 28, 2024, 10:13 AM
Mar 28

….. their client (Trump) wants. I hope the judge slaps them down hard.

Wednesdays

(17,379 posts)
7. Oh, sure!
Thu Mar 28, 2024, 11:26 AM
Mar 28

I can go up to a bank teller, slip them a note saying, "Give me all your cash in unmarked bills." Then at my trial I can just say that was 1st Amendment free speech!

Natch!

Ping Tung

(563 posts)
11. This is becoming farcical as Don't lawyer essentially admitting that Don's statements are false and illegal.
Thu Mar 28, 2024, 01:17 PM
Mar 28

I'm not a lawyer but I can't see how Donnie can wiggle out of obviously breaking law.

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