Prosecutors who have charged former President Donald Trump with election interference and racketeering relating to his efforts to overturn the results of the 2020 election in Georgia tell Judge Scott McAfee that the First Amendment does not protect him from prosecution in the case. Trumps lawyers tell the judge that contesting election results is protected by the Constitution, but Fulton County prosecutor Donald Wakeford counters that each of the 10 felony counts Trump faces was employed as part of criminal activity with criminal intentions. Here are the latest legal developments involving the presumptive Republican presidential nominee for 2024.
Trumps lawyers, prosecutors spar over First Amendment protections
Key players: Judge Scott McAfee, Fulton County prosecutor Donald Wakeford, Trump lawyer Steve Sadow, former Georgia Republican Party chairman David Shafer, Shafers lawyer Craig Gillen,pro-Trump lawyersKenneth Chesebroand Sidney Powell, Judge Tanya Chutkan
McAfee heard arguments Thursday on whether the charges in Georgia against Trump should be dropped because they violate his First Amendment rights, ABC News reported.
Trump is charged with conspiring to overturn his 2020 election loss to Joe Biden in Georgia, a contest that he continues to claim was rigged despite a lack of evidence to support that assertion.
What do we have here? Sadow added. We have election speech, which is 'protected' from government restriction."
Wakeford countered: Its not that the defendant has been hauled into a courtroom because the prosecution doesnt like what he said. He is free to make statements and to file lawsuits and to 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 Georgias RICO statute.
McAfee did not issue a ruling on the question, but has previously denied similar motions to dismiss from Chesebro and Powell, both of whom have since pleaded guilty in the case.
In the federal election interference case, Chutkan has already ruled that the First Amendment doesnt protect Trump from being prosecuted for seeking to overturn the 2020 contest.
Gillen argued that the charges against Shafer should be dropped because he was simply attempting to comply with the advice of legal counsel when he posed as an official state elector to challenge Bidens victory.
Gillen also sought to have the term fake elector stricken from the indictment against his client.
Why it matters: McAfee didnt offer many indications Thursday on how he might rule on the motions to dismiss the charges against Trump and Shafer. Given his prior rulings and Chutkans most legal experts see them as a long shot.
Recommended reading
Judge Scott McAfee will hear arguments Thursday on motions brought by former President Donald Trump and former Georgia Republican Party chairman David Shafer seeking to have the charges on the election interference case dismissed. This is the first hearing since McAfee ruled that Fulton County District Attorney Fani Willis could continue to prosecute the case against Trump so long as lead prosecutor Nathan Wade stepped aside.
Here are the latest legal developments involving the presumptive Republican presidential nominee for 2024.
Key players: Judge Scott McAfee, former Georgia Republican Party chairman and Trump co-defendant David Shafer, Fulton County District Attorney Fani Willis, former lead prosecutor Nathan Wade
On Thursday, McAfee will hear arguments on motions filed by Trump and Shafer seeking dismissal of more charges. The hearing is the first since McAfee ruled that Willis could remain on the case as long as Wade stepped aside.
Trumps motion asks the court to dismiss the charges against him on the grounds that they violate his First Amendment rights. Similar motions by other co-defendants have been unsuccessful.
Shafer is asking McAfee to dismiss all of the eight felony charges against him stemming from his efforts to overturn the results of the 2020 presidential election, saying he was simply following the advice of his legal counsel when he sought to line up an alternate slate of state electors.
Earlier this month, McAfee, citing a lack of detail, tossed six of the criminal counts. Trump now faces 10 felony counts instead of 13, but McAfee said Willis could add information and go back to a grand jury to try to have the charges restored.
Following McAfees ruling on the defendants' motion to have Willis removed from the case, Wade stepped aside.
Thursdays hearing will be livestreamed beginning at 10 a.m. ET.
Why it matters: While McAfee has allowed Trump and his co-defendants to appeal his ruling on Willis, he has also made clear that he will push forward with the case in the meantime. Willis plans to ask McAfee to schedule the start of the trial this summer, CNN reported. If McAfee agrees, that could mean that a jury could still come to a verdict before the 2024 presidential election.
Judge Juan Merchan slaps a gag order on former President Donald Trump that prevents him from making public statements about witnesses, prosecutors, court staff and jurors in his hush-money criminal trial, which is set to begin on April 15. The gag order comes just hours after Trump attacked Merchan and his daughter in a social media post. Here are the latest legal developments involving the presumptive Republican presidential nominee for 2024.
Judge hits Trump with gag order
Key players: Judge Juan Merchan,Manhattan District Attorney Alvin Bragg
On Tuesday, Merchan sided with Bragg, issuing a gag order on Trump that is designed to prevent him from making or directing others to make public statements about witnesses in the hush money trial, court staff, prosecutors, jurors or their family members, the Associated Press reported.
Merchan limited the gag order to statements made with the intent to materially interfere with, or to cause others to materially interfere with, counsel's or staff's work in this criminal case, or with the knowledge that such interference is likely to result.
Hours before Merchan issued the gag order, Trump attacked him and his daughter in a social media post.
Judge Juan Merchan, a very distinguished looking man, is nevertheless a true and certified Trump Hater who suffers from a very serious case of Trump Derangement Syndrome, Trump wrote. In other words, he hates me!
Trump also wrote that His daughter is a senior executive at a Super Liberal Democrat firm that works for Adam Shifty Schiff, the Democrat National Committee, (Dem)Senate Majority PAC, and even Crooked Joe Biden.
Merchans gag order, which comes one day after the judge set an April 15 start date for the hush money trial, does not prevent Trump from commenting on him or Bragg in general.
Why it matters: Merchan will oversee the first-ever criminal trial of a former president of the United States. While Trumps lawyers have successfully delayed the start of all of the four criminal trials in which he is charged with felony counts, the hush money case is the only one certain to be heard by a jury prior to the 2024 election.
A New York appeals court on Monday lowers the bond amount that former President Donald Trump must pay as he appeals the $464 million judgment in his civil fraud trial, saying he can put up just $175 million within 10 days. The 11th-hour deal temporarily prevents New York Attorney General Letitia James from moving to seize Trumps assets. In Trumps hush money trial, Judge Juan Merchan says jury selection can begin on April 15. Here are the latest legal developments involving the presumptive Republican presidential nominee for 2024.
Appeals court rules in favor of Trump hours before bond deadline
Key players: Trump, New York Attorney General Letitia James, Judge Arthur Engoron
On Monday, a New York appeals court lowered the bond amount Trump and his co-defendants must pay in order to appeal Engorons $464 million judgment in his civil fraud trail to just $175 million, Semafor reported.
The appeals court also gave Trump 10 days to pay that sum.
Speaking to reporters outside a hearing in his criminal hush money case in Manhattan, Trump said he would do so very quickly.
I greatly respect the decision of the appellate division, he said. And I'll post either $175 million in cash or bonds or security or whatever is necessary very quickly within the 10 days.
James had begun clearing the way to seize some of Trumps assets in order to secure the full bond amount.
Why it matters: Trumps lawyers had argued that the original bond amount, which included interest, was excessive. They also told the court that 30 lenders had refused to give them a loan to cover the $464 million bond. This ruling buys Trump more time, and could keep James from freezing his bank accounts and seizing his assets.
Judge sets April 15 start date for Trumps hush money trial
Key players: Judge Juan Merchan, Manhattan District Attorney Alvin Bragg, adult film actress Stormy Daniels, former Trump lawyer Michael Cohen
With Trump looking on in court on Monday, Merchan ruled that the hush money trial could begin jury selection on April 15, the Daily Beast reported.
The trial had previously been scheduled to begin on March 25, but Merchan delayed it until April 15 after federal prosecutors submitted new evidence stemming from their investigation of Trumps ties to Russia during the 2016 election.
Merchan ruled Monday that the newly disclosed documents did not have any bearing on the hush money case, which will decide whether Trump broke New York campaign finance and tax laws when he paid Daniels $130,000 in 2016 to hide an alleged extramarital affair.
Trumps lawyers had sought to have the case dismissed or to have it postponed so that they could have more time to review the newly disclosed documents.
The defendant has been given a reasonable amount of time to prepare, Merchan said.
Why it matters: Trumps lawyers have skillfully delayed all of the criminal trials facing the former president. But Mondays ruling could mean that that streak is coming to an end.
With reporting from Dylan Stabelford
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - Variety - April 24th, 2024 [April 24th, 2024]
- How the TikTok ban could survive a court challenge - Platformer - April 24th, 2024 [April 24th, 2024]
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - AOL - April 24th, 2024 [April 24th, 2024]
- Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment ... - Law.com - April 24th, 2024 [April 24th, 2024]
- Get the Facts: How far does the First Amendment go? - WMTW Portland - April 24th, 2024 [April 24th, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 24th, 2024 [April 24th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 24th, 2024 [April 24th, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 24th, 2024 [April 24th, 2024]
- NPR Against the First Amendment - The New York Sun - April 24th, 2024 [April 24th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 24th, 2024 [April 24th, 2024]
- Here are the winners of the inaugural Poynter Journalism Prizes - Poynter - April 24th, 2024 [April 24th, 2024]
- Can Congress actually ban TikTok? - Vox.com - April 24th, 2024 [April 24th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 24th, 2024 [April 24th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 24th, 2024 [April 24th, 2024]
- Trump: First Amendment protects efforts to overturn election - USA TODAY - March 29th, 2024 [March 29th, 2024]
- To Fight Ban Bill, TikTok's Best Hopes Lie in First Amendment Challenge - The Information - March 29th, 2024 [March 29th, 2024]
- Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit - FOX 4 News Fort Myers WFTX - March 29th, 2024 [March 29th, 2024]
- Trump team's First Amendment argument is 'so weak' in Georgia election interference case - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Associated Press - March 29th, 2024 [March 29th, 2024]
- A national TikTok ban and the First Amendment - National Constitution Center - March 29th, 2024 [March 29th, 2024]
- Trump attorney says Georgia election case hinges on First Amendment Deseret News - Deseret News - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Atlanta Journal Constitution - March 29th, 2024 [March 29th, 2024]
- Courts Should Affirm First Amendment Rights of Youths in the Digital Age: The Case for a 21stCentury Tinker - Cato Institute - March 29th, 2024 [March 29th, 2024]
- Trump attorney tries to have Georgia case dismissed on First Amendment grounds - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump attorney, prosecutors spar over move to have Georgia case dismissed on First Amendment grounds - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Donald Trump Georgia court motions hearing today live stream - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Bowling Green Daily News - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Williss election interference charges, attorney argues - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- Judicial Rulemaking and Lucidity: Justice Barrett's First Amendment Opinion in Lindke v. Freed - American Enterprise Institute - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Willis's election interference charges, attorney argues - Colorado Springs Gazette - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting election interference charges - Southernminn.com - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - messenger-inquirer - March 29th, 2024 [March 29th, 2024]
- Lawyers for the State argue against Trump First Amendment challenge in Georgia case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- OPINION: The possible TikTok ban is an infringement on our First Amendment rights - The Suffolk Journal - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Times Daily - March 29th, 2024 [March 29th, 2024]
- An iPhone, YouTube & the First Amendment: Man in St Louis tests boundaries of constitution through videos - First Alert 4 - March 29th, 2024 [March 29th, 2024]
- Lawyer argues Georgia election RICO case against Trump be dismissed over First Amendment - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations - Reason - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - Yahoo Singapore News - March 29th, 2024 [March 29th, 2024]
- Trump's attorney says election inference case should be thrown out over 1st Amendment protections - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - AOL - March 29th, 2024 [March 29th, 2024]
- Judge sets new hearing date in 2020 Georgia election interference case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks - Reason - March 22nd, 2024 [March 22nd, 2024]
- Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment 'hamstrings' government - Fox News - March 22nd, 2024 [March 22nd, 2024]
- West Texas drag show becomes a First Amendment battleground - The Texas Tribune - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Associated Press - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment, the Fourth Amendment, and Substantial Encouragement - Reason - March 22nd, 2024 [March 22nd, 2024]
- News/Media Alliance Joins Brief Defending First Amendment Editorial Rights of Documentarians - News/Media Alliance - March 22nd, 2024 [March 22nd, 2024]
- The State of the First Amendment: Free Speech - University of Colorado Boulder - March 22nd, 2024 [March 22nd, 2024]
- Justices Seem Likely to Side With N.R.A. in First Amendment Dispute - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Justice Kavanaugh loses patience with the judiciarys far right - Vox.com - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson ripped for worrying about the First Amendment 'hamstringing' government: 'Literally the point' - Fox News - March 22nd, 2024 [March 22nd, 2024]
- Analysis: SCOTUS Oral Arguments Bode Well For NRA First Amendment Claim [Member Exclusive] - The Reload - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear First Amendment challenge to New York's financial 'blacklisting' of NRA - Fox News - March 22nd, 2024 [March 22nd, 2024]
- NRA Goes To The Supreme Court Today In First Amendment CaseHere's What To Know - Forbes - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear case of former Castle Hills councilwoman who claims First Amendment rights were violated - KSAT San Antonio - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear arguments in key First Amendment case challenging Biden admin teamwork with Big Tech - Fox News - March 22nd, 2024 [March 22nd, 2024]
- "Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade - Reason - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KXLY Spokane - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court hears free speech case that united the NRA and the ACLU - The Washington Post - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Wary of States' Bid to Limit Federal Contact With Social Media Companies - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Opinion: A First Amendment Fizzle at the U.S. Supreme Court - The Atlanta Journal Constitution - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment is under attack in Americas Oceania - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Education Institutions Grapple With Overlap of First Amendment and Anti-Discrimination Laws - JD Supra - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Caledonian-Record - March 22nd, 2024 [March 22nd, 2024]
- Note to Justice Jackson: First Amendment Should Hamstring Biden - Daily Signal - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KEYT - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment Supreme Court case right wingers are crazy for - The Independent - March 22nd, 2024 [March 22nd, 2024]
- Ketanji Brown Jackson concerned First Amendment is hamstringing government from censorship - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson: First Amendment "Hamstringing" Federal Response To "Threatening Circumstances, From The ... - RealClearPolitics - March 22nd, 2024 [March 22nd, 2024]
- Opinion: Sen. Chuck Grassley should stand up for the First Amendment and support the PRESS Act - The Gazette - March 18th, 2024 [March 18th, 2024]
- The Supreme Court must protect the First Amendment in Murthy v. Missouri - Washington Examiner - March 18th, 2024 [March 18th, 2024]
- A Hillsborough judge invokes the First Amendment in a case related to a 2022 election campaign - WMNF - March 18th, 2024 [March 18th, 2024]
- John Stockton's lawyer claims first amendment violation as basis for COVID-19 lawsuit - KXLY Spokane - March 18th, 2024 [March 18th, 2024]
- Scientology Scores A First Amendment Win Over Leah Remini, But Harassment Claims Against Church Still Stand, Judge Rules - Deadline - March 18th, 2024 [March 18th, 2024]
- Supreme Court to hear First Amendment cases, weigh in on Texas immigration law - MSN - March 18th, 2024 [March 18th, 2024]
- 7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation - Just Security - March 18th, 2024 [March 18th, 2024]
- Conflict between First Amendment and discrimination on Broadway | Strictly Legal - The Cincinnati Enquirer - March 18th, 2024 [March 18th, 2024]
- Maryland fraternities petition federal judge - Baltimore Sun - March 18th, 2024 [March 18th, 2024]