Atlanta, Georgia – Former President Donald Trump’s legal team argues that the charges against him in the Georgia election interference case aim to criminalize protected political speech and advocacy conduct, as stated in a court filing challenging the indictment. The Fulton County Superior Court Judge, Scott McAfee, is set to hear arguments on this 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 his actions were lawful when he and other state Republicans signed a certificate affirming Trump’s victory in the 2020 presidential election in Georgia.
Despite efforts by Trump and other defendants to seek the disqualification of District Attorney Fani Willis, McAfee is proceeding with the case. In response to defense attempts to remove Willis over her romantic relationship with special prosecutor Nathan Wade, McAfee denied the requests but granted permission for the defendants to seek a review from the Georgia Court of Appeals.
Willis secured an indictment against Trump and 18 others in August, accusing them of participating in a scheme to overturn the 2020 presidential election in Georgia, where Trump narrowly lost to Democrat Joe Biden. Four individuals have pleaded guilty after reaching agreements with prosecutors, while Trump and the others maintain their not guilty pleas. Willis has requested that the trial begin in August, although no official date has been set.
In their filing, Trump’s lawyers outlined five separate areas of alleged criminal activities their client is charged with, including actions related to Republican elector certificates, a request for a special legislative session, involvement in a lawsuit challenging the election, a phone call with Georgia’s Secretary of State, and a letter sent in September 2021.
Prosecutors argue that the indictment is based on criminal acts, not protected speech, highlighting that the charges involve conduct integral to fraud, perjury, threats, solicitation, and deception harming the government. Charges against Shafer primarily revolve around his role in organizing Georgia Republicans to cast Electoral College votes for Trump despite the state’s certification of the election results in favor of Biden.
Shafer’s legal team contends that prosecutors are seeking to criminalize conduct that was lawful at the time, emphasizing that Shafer was following legal counsel and the Electoral Count Act’s requirements. Additionally, they seek to strike certain phrases from the indictment, arguing that they could prejudice the case. Despite setbacks for Willis and her team in March, McAfee declined to remove her from the case but expressed criticism of her actions and called for her lead prosecutor to step aside for the prosecution to continue. Furthermore, six counts in the indictment, including three against Trump, were dismissed due to insufficient detail provided by prosecutors regarding the alleged crimes.