Judge to Listen to Pretrial Arguments in Georgia Election Interference Lawsuit

Former President Donald Trump’s lawyers are challenging the indictment in the Georgia election interference case, arguing that the charges seek to criminalize protected political speech and advocacy conduct under the First Amendment.

Fulton County Superior Court Judge Scott McAfee will hear arguments on the filing and two pretrial motions filed by former Georgia Republican Party chair David Shafer during a hearing scheduled for Thursday. Shafer’s lawyers claim that he acted legally when he and other state Republicans signed a certificate declaring Trump the winner of the 2020 presidential election in Georgia.

McAfee is moving forward with the case despite efforts from Trump and other defendants to seek a ruling to disqualify District Attorney Fani Willis. Willis obtained an indictment against Trump and 18 others in August, accusing them of attempting to illegally overturn the 2020 presidential election in Georgia. The defendants have pleaded not guilty, and the trial date is yet to be set.

Trump’s lawyers argue that the charges against him revolve around various actions, including submitting Republican elector certificates, requesting a special legislative session, filing a lawsuit regarding the election, a phone call with the Georgia Secretary of State, and a letter sent to the Secretary of State.

The prosecution asserts that the indictment is based on criminal acts, not protected speech. They argue that the speech involved is integral to criminal conduct such as fraud, perjury, threats, or lies that can deceive or harm the government.

Regarding David Shafer, most of the charges against him relate to organizing a group of Georgia Republicans to cast Electoral College votes for Trump despite the state’s certification in favor of Biden. His lawyers argue that the prosecution is trying to criminalize conduct that was lawful at the time, as Shafer was following legal counsel and the Electoral Count Act.

In March, Willis and her team faced setbacks in the case, with the judge dismissing six of the 41 counts in the indictment, including three against Trump. While the defense did not succeed in removing Willis, the lead prosecutor was required to step aside for her to continue prosecution.