Lawyers for former President Donald Trump go on the offensive Monday, issuing a filing with Georgia Judge Scott McAfee asking that the charges against the former president be dropped because they violate his “core political speech.” In the federal election interference case, meanwhile, Trump’s lawyers ask an appeals court to reconsider their ruling last month that let stand a gag order that prohibits Trump from speaking about witnesses, prosecutors and courtroom staff, saying the ruling conflicts with decisions by the U.S. Supreme Court. Here are the latest legal developments involving the man who hopes to return to the White House in 2024.
Georgia election interference
Trump asks judge to dismiss ‘invalid’ charges
Key players: Judge Scott McAfee, Fulton County District Attorney Fani Willis, Trump attorneys Steve Sadow and Jennifer Little
In a filing on Monday, Trump’s lawyers asked McAfee to dismiss the election interference charges against him because they violated his “core political speech,” the Guardian reported.
“Because the claim the 2020 election was rigged and stolen is protected by First Amendment when it is made in a public speech, it is equally protected by the First Amendment when it is made to government officials in an act of petitioning or advocacy,” Sadown and Little wrote in the filing.
The First Amendment “not only embraces but encourages” Trump’s request to Raffensberger to “find” enough votes to overcome President Biden’s margin of victory, the filing states.
Willis has charged Trump with 13 felony counts for his role in a scheme to overturn the results of the 2020 presidential election in Georgia.
Why it matters: As with the attempt to have federal election interference charges dropped on grounds of presidential immunity, Trump’s lawyers are seeking to use the First Amendment as a blanket protection from prosecution. McAfee will have to decide whether Trump’s words in the Georgia case were simply expressing an opinion or were directing a conspiracy that violated state laws.
Jan. 6 election interference
Trump asks federal appeals court to reconsider gag order decision
Key players: Judge Tanya Chutkan, D.C. Circuit Court of Appeals
On Monday, Trump’s lawyers asked a court of appeals panel to reconsider its decision to leave in place a partial gag order on the former president issued by Chutkan, or to allow arguments on the issue to be heard by the full court, CNN reported.
The 22-page filing states that the gag order imposed on Trump “conflicts with decisions of the Supreme Court and other Circuits” and therefore requires “consideration” from the full court.
Trump’s lawyers also requested that the gag order be lifted until the court decides on the matter.
Last month, a three-judge court of appeals panel ruled unanimously that the bulk of Chutkan’s order barring Trump from talking about witnesses, prosecutors, court staff and their family members could stand.
Why it matters: As Monday’s filing shows, if at first Trump’s lawyers don’t succeed, they will try, try again. They have been successful in forcing Chutkan to pause the proceedings in the case while they pursue an appeal that argues that presidential immunity protects Trump from being prosecuted for his attempts to overturn the 2020 election.
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