Former President Donald Trump and his co-defendants in the Georgia election interference case have asked a judge to allow them to appeal the charges on First Amendment grounds.
President Trump on Monday filed a joint motion with Fulton County Superior Court Judge Scott McAfee asking 14 co-defendants for leave to appeal the April 4 order, in which the defendants. He said the charges should not be thrown out because his “actions and words” were fraudulent. The 2020 presidential election was not protected by the Constitution.
Trump and his defendants said in a Monday filing that while the court found the indictment was not subject to dismissal, it was “prudent” for an interlocutory appellate court to review the defendants’ “important constitutional protections.” , it is legitimate.”
President Trump’s attorney Steve Sadow said in a statement: “President Trump and the other wrongfully accused defendants have jointly submitted a certificate of instant review of the order denying pretrial First Amendment challenges. We have filed a petition asking the court to issue the same.”
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Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party at the State Fairgrounds in Columbia, South Carolina, on February 24, 2024. (Win McNamee/Getty Images)
“This motion makes a powerful statement that the indictment unfairly criminalizes core political speech and expressive acts protected by the First Amendment. Robust and unchecked freedom of expression. There is no democracy without it. For these reasons, among others, court orders are ripe for pre-trial appellate review,” he said.
McAfee has 10 days from the April 4 order to decide whether to allow the parties to appeal. If they do so, they may appeal to the Georgia Court of Appeals or the Georgia Supreme Court within 10 days of the order.
An interlocutory appeal is an appeal against an order that has not been finalized during litigation.
“An appellate interlocutory review is prudent because a successful challenge by the defendants would bar virtually all counts in the indictment against virtually all defendants. These results “It makes sense to resolve the issue before multiple, lengthy jury trials,” the filing states.
“With the ongoing fallout from the 2020 presidential election, these challenges relate to defendants’ core political and free speech rights and therefore warrant immediate appellate review. ”, the report states.
“Although the defendants cited numerous U.S. Supreme Court and U.S. Circuit precedents in support of their position, the Georgia appellate court found that the defendants’ core political speech criminalization was challenged in Georgia. It does not address the viability of state statutes.”
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Judge Scott McAfee at the Fulton County Courthouse in Atlanta on February 15th. (Alyssa Pointer, Getty Images)
“Based on more than 45 cases cited in court (mostly by the U.S. Supreme Court) and historical precedent, defendants believe their claims are well-founded and that their core political “We believe that in the context of the speech, it falls squarely within the near-absolute First Amendment protections of the 2020 Presidential Campaign.”
Former Atlanta prosecutor John Malcolm told Fox News Digital that he agrees with Trump and his legal team that his speech about the 2020 election should be protected speech.
He noted that special counsel Jack Smith at one point said that former President Trump “like every American” spoke publicly about the election and falsely claimed there was fraud during the election that swayed the outcome. He pointed out that he had the right to do so. He won. They also had the right to formally challenge the election results through legal and appropriate means, such as requesting a state recount or audit of the popular vote or filing a lawsuit challenging the ballots or procedures. ”
“After the 2020 election, Donald Trump did just that,” Malcolm said. “He and his legal team have filed a series of lawsuits challenging the election. Trump has also used the bully pulpit and social media to express his opinions about the election and to fight the election. “I spoke with state legislators and other government officials.” ”
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Former President Donald Trump addresses the crowd at a campaign rally in Summerville, South Carolina, September 25, 2023. (Sean Rayford/Getty Images)
“Donald Trump, like everyone else, had a First Amendment right to express his opinions on these issues and to petition government officials for redress of his grievances. After all, “Protecting the right to engage in political speech is at the heart of the First Amendment,” he said.
“After reviewing extensive briefings, defense arguments, and the indictment, the court finds that these vital constitutional protections do not extend to the state’s alleged acts and statements,” Judge McAfee wrote last week. Furthermore, the statute itself does not superficially violate Article 1.” Fixed. “
“They allege that the charges violate First Amendment protections of political speech and activity, freedom of association, and the right to petition Congress as applied to the alleged conduct; “We argue that the charges imposed are too broad,” he said.
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McAfee said the indictment’s language was “interpreted liberally and in favor of the state as required at this pretrial stage, and the court finds that the defendants’ allegations are as follows.” . facial expressions and way of speaking It is said to have been made in furtherance of a criminal act and constitutes knowingly and intentionally made false statements about a matter within the agency’s jurisdiction that are likely to deceive or harm the government. ”
Trump was indicted in August. Georgia RICO Law, Racketeering Influenced Corrupt Organizations Act, Abetting a Public Official to Violate Oath, Conspiracy to Impersonate a Public Official, Conspiracy to Commit First-Degree Forgery, Conspiracy to Make False Statements, and Conspiracy to Submit Works, False Documents; first-degree forgery and conspiracy to submit false documents;
