Former President Donald Trump was exercising his First Amendment rights when he contested the 2020 election results, his lawyer said Thursday as the marquee racketeering case got back on track in Georgia after lead prosecutor Fani Willis’ dating life nearly derailed it.
Mr. Trump’s lawyer, Steve Sadow, is trying to get the indictment dismissed by arguing the ex-president engaged in protected speech in the wake of his 2020 defeat to President Biden, and should not be charged with leading a conspiracy.
“The only reason it becomes unprotected, in the state’s opinion, is because they call it false,” Mr. Sadow said, adding later, “There is nothing alleged factually against President Trump that is not political speech.”
The state said the defense was missing the big picture of the case, which alleges Mr. Trump and allies engaged in a conspiracy that violated Georgia’s version of the Racketeer Influenced and Corrupt Organizations Act.
“It’s not just that [Mr. Trump’s comments] were false,” said Donald Wakeford, a chief senior district attorney. “He is free to make statements and file lawsuits and make other legitimate protests. What he is not allowed to do is employ his speech — and his expression and his statements — as part of a criminal conspiracy to violate Georgia’s RICO statute, to impersonate public officers, to file false documents and to make false statements to the government.”
The indictment alleges Mr. Trump and others took affirmative steps as part of the alleged plot, such as drafting false documents and setting up a false slate of electors to deliver the state of Georgia to Mr. Trump instead of Mr. Biden.
Mr. Sadow filed his First Amendment motion last year, before a separate push to dismiss the indictment because Ms. Willis dated Nathan Wade, a special prosecutor on the case who received taxpayer money.
Defense lawyers said the relationship gave the pair a financial incentive to prosecute Mr. Trump and his allies. But Judge Scott McAfee, presiding in Atlanta, ruled Ms. Willis could remain on the case if Mr. Wade resigned.
Mr. Wade stepped down hours after the order.
Defense attorneys plan to appeal Judge McAfee’s decision but the underlying case is getting back on track with pretrial motions and decisions.
Judge McAfee heard about 90 minutes of arguments to dismiss charges Thursday but did not indicate how or when he would rule.
Ms. Willis began investigating Mr. Trump three years ago, based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn what the former president called a rigged 2020 electoral victory for Mr. Biden in the state. A grand jury last year indicted Mr. Trump and his associates.
Mr. Trump faces 10 counts in the case, including a violation of Georgia racketeering laws and several related to alleged conspiracies to commit forgery, make false statements and writings or make false filings.
Eighteen co-defendants face an assortment of charges that at times overlap with those against Mr. Trump.
The court hasn’t set a trial date yet for the case, so it is unclear if it will begin before Mr. Trump faces Mr. Biden in the November election.
Mr. Trump faces four criminal cases while he campaigns for president. Jury selection will begin in New York on April 15 for Mr. Trump’s trial on 34 counts of falsifying business records related to alleged hush money payments in 2016.
Two federal cases against him are being delayed by pretrial motions and legal issues.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
Please read our comment policy before commenting.