Trump moves to dismiss Georgia election case on First Amendment grounds

Former President Donald Trump's legal team on Monday asked a judge to dismiss the case against him brought by Fulton County District Attorney Fani Willis over his efforts to challenge the 2020 presidential election results in the Peach State.

Willis indicted Trump, along with 18 others, in August of this year with violations of the state's Racketeer Influenced and Corrupt Organizations Act (RICO) Act. Trump, for his part, also faces a litany of conspiracy and solicitation charges to which he has pleaded not guilty.

Trump attorneys Steve Sadow and Jennifer Little on Monday filed a bid for dismissal, The Hill reported, arguing that "[t]he First Amendment, in affording the broadest protection to political speech and discussion regarding governmental affairs, not only embraces but encourages exactly the kind of behavior under attack in this Indictment."

"The Fulton County prosecutors have not identified any non-speech or non-advocacy conduct in the allegations against President Trump... An examination of the indictment reveals why: none of the allegations relate to any non-speech or nonadvocacy conduct," they went on.

Sadow also plans to file a separate motion for dismissal on grounds of presidential immunity, though such claims have attracted legal scrutiny in Trump's other election case.

Trump's attorneys have immunity arguments in his D.C. election case brought by special counsel Jack Smith, though Smith has asked the Supreme Court to decide on those arguments.

U.S. District Court Judge Tanya Chutkan paused the case last week amid the appeals process.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.