Fulton County District Attorney Fani Willis is set to continue overseeing the Georgia 2020 election interference case against former President Donald Trump, with a focus on the details of the case. Trump’s lead attorney is expected to argue for the dismissal of the indictment, claiming that Trump’s political speech is protected by the First Amendment as the core political speech and expressive conduct alleged in the indictment are protected from government regulation. Willis is eager to get the case back on track after facing disqualification hearings due to her romantic relationship with lead prosecutor Nathan Wade, who has since stepped aside, as ruled by Judge Scott McAfee.
A trial date has not been set yet, but Willis hopes to go to trial before the November election and may request the trial to start in August. Previous First Amendment challenges by former Trump co-defendants Kenneth Chesebro and Sidney Powell were unsuccessful, as they attempted to have the indictment dismissed under the US Constitution’s supremacy clause but failed. McAfee ruled that facts and evidence need to be established in a courtroom before a First Amendment challenge can be considered, and he will also hear arguments from Trump’s co-defendant in the case, David Shafer, the former chairman of the Georgia Republican Party.
In the indictment, prosecutors allege that Shafer acted as the point man for the fake electors scheme, coordinating with co-conspirators to illegitimately certify Trump as Georgia’s 2020 election winner. Shafer’s attorneys argue that he was only trying to comply with the advice of legal counsel and was not part of a broader conspiracy. They claim that the conduct for which Shafer is charged does not constitute racketeering activity for the purposes of RICO. Trump is not expected to be present at the upcoming hearing, which will further delve into the legal challenges surrounding the case.
The defense team for Trump argues that he should not have been indicted as his political speech disputing the outcome of the 2020 election is protected under the First Amendment. Willis is determined to move the case forward despite the challenges faced with disqualification hearings and scheduling issues. Previous attempts to challenge the indictment on First Amendment grounds by Trump’s co-defendants were unsuccessful, leading to a focus on establishing facts and evidence in the courtroom. The upcoming hearing will involve arguments from another co-defendant, David Shafer, who maintains his innocence in most of the conduct for which he is charged. The legal proceedings continue as the case against Trump and his co-defendants unfolds.
