In a hearing this morning, Donald Trump’s lead attorney in Georgia is expected to argue that the indictment should be dismissed because the former president’s political speech is protected by the First Amendment.
Previous First Amendment challenges by former Trump co-defendants Kenneth Chesebro and Sidney Powell were unsuccessful.
Chesebro and Powell were two of the former president’s lawyers who later pleaded guilty in exchange for their testimony and cooperation. They had attempted to have the indictment dismissed under the US Constitution’s supremacy clause but failed.
In his denial at the time, Judge Scott McAfee ruled that various case law pointed to facts and evidence needing to be established in a courtroom before a First Amendment challenge can even be considered.
