Lawyers for former President Donald Trump argued in a court filing that the charges against him in the Georgia election interference case seek to criminalize political speech and advocacy conduct that is protected by the First Amendment.
FILE - Fulton County Superior Judge Scott McAfee presides in court, Feb. 27, 2024, in Atlanta. 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. seek to criminalize political speech and advocacy conduct that the First Amendment protects, his lawyers argued in a court filing challenging the indictment.
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.” His lawyers wrote in a filing that prosecutors are seeking “to punish as criminal conduct by Mr. Shafer which was lawful at the time.” They argued that Shafer “was attempting to comply with the advice of legal counsel” and the requirements of the Electoral Count Act.
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