Trump argues Georgia election interference case should be tossed on free-speech grounds

Trump, 77, was not present while his lawyer Steve Sadow argued that the charges against the presumptive Republican presidential nominee should be tossed.

Sadow argued that the alleged acts of Trump and others to overturn his loss in the Peach State to former Vice President Joe Biden in 2020 were protected by free speech rights.

The hearing was the first move in the case since Fulton County Judge Scott McAfee ruled that Willis could continue to lead the investigation, despite her admitted affair with lead prosecutor Nathan Wade — who has since resigned.

Sadow said Trump was exercising his First Amendment right to free speech out of a "legitimate concern about the validity of the election" when he spouted claims of voter fraud in Georgia.

Sadow argued Trump's alleged false statements which led to the charges must be considered in the context of the fact he was still in office at the time, "dealing with elections and campaigning" and "calling into question what had occurred."

"That's the height of political speech," Sadow argued.

But prosecutor Donald Wakeford fired back that Trump wasn't charged simply because what he said was false or "just because the prosecution doesn't like what he said."

Trump was free to say what he believed and to use the proper channels to challenge the election result, for instance, by filing a lawsuit or by making "other legitimate protests," Wakeford claimed.

"What he is not allowed to do is employ his speech, and his expression, and his statements as part of a criminal conspiracy," Wakeford added.

McAfee will rule at a later date.

Two of Trump's co-defendants have already unsuccessfully tried to use a First Amendment argument to get their cases tossed, according to a report by CNN.

McAfee determined at that time it was too soon to make a ruling to toss out charges on those grounds and he'd need to hear trial evidence first.

The case took a detour in January — shifting focus from the defendants to the DA — when Trump co-defendant Mike Roman filed bombshell papers alleging a conflict of interest due to Willis and Wade's since-ended relationship.

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Despite McAfee's ruling allowing Willis to remain on the case — as long as Wade stepped down — proceedings will be in limbo while Trump seeks to appeal in his crusade for the DA to be booted from the case. 

McAfee granted Trump the rare right to seek an appeal before trial, but the Georgia Court of Appeals must now agree to take the case.

Though no trial date has been set, Willis is hopeful they can move forward ahead of the contentious November 2024 election, she recently told CNN.

"I'm also realistic that one of the defendants has multiple cases going on and some of them have trial dates that are ahead of ours. So, I'm always going to be respectful of sister jurisdictions," she said.

Trump has denied the allegations and has sought to paint this case, and three other criminal cases against him, as part of a political "witch hunt" to stop him from getting re-elected in 2024.