Attorneys for Donald Trump were inside the Fulton County courthouse today asking the judge to dismiss the charges against the former president. When you look at the allegations against President Trump, all of the allegations involved expressive conduct or speech. Mr. Trump’s defense attorney, Steve Sow, argued Thursday that the former president’s allegedly criminal conduct was actually political speech related to the 2020 election. That speech, he said, was protected by the First Amendment.

[Reporter:] Now we are following the latest in the Fulton County District Attorney disqualification saga. It is the first hearing since the judge decided to leave left-leaning, anti-Trump District Attorney Fani Willis on the case. Of course, there was a catch. Fani Willis had to ditch her former lover and lead prosecutor Nathan Wade. She called him a Southern gentleman, and he was cheating on his wife with Fani. Anyway, with Wade gone, the case moves on.

A judge in Georgia heard arguments over whether former President Donald Trump’s speech was protected by his First Amendment rights. The hearing is part of the former president’s election interference case. Trump’s lawyers argued that the charges against him are an effort to criminalize political speech. Arguments are underway on motions to dismiss the case from Trump’s attorneys and one of the codefendants. Trump wants to throw the case out entirely. His attorneys cite the First Amendment and argue since he served as president, Trump’s speech is political speech, the most protected type of speech under the Constitution.

One of Trump’s codefendants’ attorneys said, “We’ve got the freedom to associate, the freedom to petition the government, the freedom to speak. So all of this conduct that’s part of this indictment is really covered by the First Amendment. And if you think about it, it makes sense that a judge should be the one that protects that right because you shouldn’t have to go in front of a jury to protect your constitutional rights.”

Fulton County DA Disqualification Saga: The saga involved Fulton County District Attorney Fani Willis facing a potential disqualification from a case. The judge ultimately allowed her to remain on the case, but under the condition that her former lover and lead prosecutor, Nathan Wade, be removed due to ethical concerns. This decision came after significant deliberation and likely impacted the dynamics of the case, potentially raising questions about impartiality and procedural integrity.

First Amendment Protections for Trump’s Speech: Central to the proceedings was the debate over whether former President Donald Trump’s speech, particularly concerning the 2020 election, was protected by the First Amendment. Trump’s legal team argued that the charges against him amounted to an attempt to criminalize political speech, which enjoys the highest level of protection under the Constitution. This argument underscores the complex intersection between free speech rights and legal accountability, especially in the context of contentious political issues.

Challenges with Indictment Wording: Defense attorneys raised concerns about the language used in the indictment, highlighting phrases such as “fake electors” and “fraudulent,” which they argued were legal conclusions rather than factual allegations. They contended that such language should be stricken from the indictment, as it could prejudice the case and potentially infringe upon the defendant’s rights. This aspect of the proceedings sheds light on the nuances of legal language and the importance of precision in drafting legal documents.

Criticism of Judge’s Ruling and Planned Appeal: The judge’s decision to allow Fani Willis to remain on the case drew criticism from defense attorneys, who questioned the procedural aspects of the ruling and expressed skepticism about the judge’s confidence in the decision. As a result, the defense indicated their intention to appeal the ruling, signaling a continued legal battle over the handling of the case and potentially raising broader questions about judicial oversight and discretion.

Defense Argument for Dismissal Based on First Amendment: Trump’s defense team reiterated their argument that all allegations against him were rooted in expressive conduct or speech, which they asserted was political speech protected by the First Amendment. They urged the judge to either dismiss the charges outright or revise the indictment to reflect the protected nature of political speech. This aspect of the proceedings highlights the complex legal arguments surrounding the interpretation and application of constitutional rights in the context of criminal proceedings.