Fulton County DA continues to pursue Georgia election interference case against Trump amid First Amendment challenge

As the legal battle surrounding the Georgia 2020 election interference case continues, the focus shifts back to the details of the sprawling case. The ruling by Judge Scott McAfee has paved the way for Fulton County District Attorney Fani Willis to proceed with overseeing the case against former President Donald Trump.

First Amendment Defense

During a hearing on Thursday, Trump's lead attorney in Georgia is expected to argue for the dismissal of the indictment, citing protection under the First Amendment. The motion filed in late 2023 by Trump attorney Steve Sadow asserted that the indictment should be dismissed as the former president's political speech is protected under the First Amendment.

Sadow highlighted that the peddling of conspiracy theories and claims of widespread voter fraud in the 2020 presidential election, which form the core of the indictment, are considered political speech. Therefore, Trump's indictment is viewed as a violation of his First Amendment rights.

Case Progress and Trial Date

After more than two months of disqualification hearings, Willis expressed readiness to steer the case back on track. The disqualification hearings followed the discovery of a romantic relationship between Willis and her lead prosecutor Nathan Wade. However, Judge McAfee ruled that Willis could continue spearheading the case as long as Wade stepped aside, which he has.

While a trial date is yet to be set, Willis aims to proceed with the trial before the November election. She previously sought to commence the trial in August and indicated the possibility of requesting the same again. However, she acknowledged the need to be respectful of other trial dates in sister jurisdictions.

First Amendment Challenges

Former Trump co-defendants Kenneth Chesebro and Sidney Powell's previous First Amendment challenges proved to be unsuccessful. Despite their attempts to have the indictment dismissed under the US Constitution's supremacy clause, Judge McAfee ruled that facts and evidence need to be established in a courtroom before considering a First Amendment challenge.

Arguments from Co-Defendants

Additionally, Judge McAfee will hear arguments from one of Trump's co-defendants, David Shafer, the former chairman of the Georgia Republican Party. In the indictment, prosecutors allege Shafer's involvement in the fake electors scheme, coordinating with co-conspirators to certify Trump as Georgia's 2020 election winner. Shafer's attorneys argued that most of the conduct for which he is charged was an attempt to comply with legal counsel's advice and was not part of a broader conspiracy.

The legal battle continues as the case progresses, with the upcoming hearing marking a pivotal moment in the Georgia 2020 election interference case.