FULTON COUNTY, Ga. — In a Monday afternoon order, Fulton County Superior Court Judge Scott McAfee set a new hearing date in the 2020 election interference case.
Attorneys representing former president Donald Trump and former Georgia Republican Party chairman David Shafer are due back in court on Thursday for a hearing to address three motions, according to the judge's order.
An explanation of each of the motions at issue is below:
Former President Trump claims his conduct was protected by First Amendment speech
Former president Trump's attorney, Steve Sadow, has asked the court to dismiss the indictment against Trump. He argues that Trump's alleged criminal conduct was actually political speech protected by the First Amendment.
"This Court should hold that the First Amendment's guarantee of freedom of speech, when applied to the core political speech and expressive conduct alleged in the indictment against a President of the United States, demands a pretrial remedy, and that remedy is dismissal of the indictment," Sadow wrote in a December motion.
In a January court filing, prosecutors responded to claims of First Amendment protection, arguing that "the Defendants' crimes, as alleged in the indictment, are not protected political speech and are not shielded from prosecution by the First Amendment."
David Shafer argues he was following the "advice of legal counsel"
Prosecutors have alleged that Shafer played a role in advancing a false slate of presidential electors in an attempt to overturn the lawful results of the 2020 presidential election.
However, Shafer's legal team has asked the court to dismiss the charges against him, arguing that "the State seeks to punish as criminal conduct by Mr. Shafer which was lawful at the time," according to a February court filing.
"In nearly all of the charged conduct, Mr. Shafer was attempting to comply with the advice of legal counsel and the express requirements of the former federal Electoral Count Act," the motion continued.
David Shafer asks court to strike language related to "false Electoral College votes" from indictment
In another February motion, Shafer's legal team asked the judge to strike from the indictment the following phrases:
- "duly elected and qualified presidential electors"
- "false Electoral College votes"
- "lawful electoral votes
Shafer's attorneys argued that prosecutors, by using that language, reached conclusions that were actually "questions for the Court or for the jury at trial."
"Mr. Shafer disputes the prosecution's prejudicial and conclusory allegations relating to Presidential Electors," the motion continued.
Additionally, the legal team asked the court to dismiss three counts against Shafer related to the 'false' elector plot.
Fulton County District Attorney Fani Willis and other prosecutors responded to Shafer's motion with a court filing of their own, disputing his claims.
"The state struggles to understand the rationale behind the Defendant's motion, and it is not supported by any authority," the prosecutors wrote.
Judge McAfee will hear arguments over all the above issues in court on Thursday morning.