The listening to in Fulton County, Georgia, over efforts to dismiss the state election subversion case towards Donald Trump and his co-defendant David Shafer on First Amendment grounds concluded after almost two hours of arguments.
The choose didn’t rule from the bench, nor did he say when he would rule. The Georgia case is considered one of 4 felony instances Trump is going through whereas his 2024 presidential marketing campaign is underway — and the stakes are excessive for the previous president and the nation.
Here’s a recap of what both sides stated throughout right now’s listening to:
Trump’s legal professional: Trump legal professional Steve Sadow argued that the previous president’s statements in regards to the 2020 presidential election in Georgia are “core political speech” and he subsequently can’t be prosecuted. The legal professional repeatedly argued that the fees towards Trump ought to be dropped as a result of his actions alleged within the indictment had been protected beneath the First Amendment. Sadow additionally claimed that Fulton County prosecutors can’t prosecute the previous president solely on the premise that his allegations had been “false.”
Fulton County prosecutors: Donald Wakeford, a prosecutor with the Fulton County district legal professional’s workplace, stated that it was “premature to consider” First Amendment arguments and that such arguments ought to be put earlier than a jury throughout trial. Wakeford added that every one the communication from Trump within the indictment associated to costs within the case usually are not protected by the First Amendment. Wakeford pushed again on Trump’s argument that his false claims had been protected, saying that his lies furthered a felony conspiracy. “He’s never been prosecuted for lying,” Wakeford stated. “He’s been prosecuted for lying to the government.” The prosecutor additionally pointed to a federal choose’s ruling towards Trump’s First Amendment argument within the parallel election subversion case in DC.
Shafer’s legal professional: Craig Gillen, an legal professional for Shafer, the previous chair of the Georgia Republican Party who allegedly acted as a 2020 faux elector within the state, disputed the allegation within the indictment that Shafer was not a “duly” appointed elector. Gillen additionally put forth an argument that different co-conspirators have additionally raised within the case: that they had been merely following authorized recommendation.
No trial date but: A trial date has not been set, however the Fulton County District Attorney Fani Willis nonetheless hopes to go to trial earlier than the November election. Willis beforehand requested for the trial to begin in August, and stated she could re-up that request. Earlier this week, a choose dominated Trump’s felony hush money trial will begin in April 15.
With reporting from CNN’s Hannah Rabinowitz and Holmes Lybrand.
