Georgia election charges should be tossed, acts are protected by 1st amendment: Trump attorney

Lawyers for former President Trump on Thursday argued in court that the 2020 election interference case should be tossed on First Amendment grounds.

Judge Scott McAfee at the Fulton County Courthouse in Atlanta. (Alyssa Pointer, Getty Images)

Sadow quoted from a dissent in a key Supreme Court case, United States v. Alvarez, written by Justices Clarence Thomas and Samuel Alito, which says "even where there is a wide scholarly consensus concerning a particular matter, the truth is served by allowing that consensus to be challenged without fear of reprisal." 

"Today's accepted wisdom sometimes turns out to be mistaken. And in these contexts, even a false statement may be deemed to make a valuable contribution to public debate, since it brings about the clear perception and livelier impression of truth produced by its collusion with error," Sadow read from the dissent.

"That's the essence of what we have right here. That's the facts that have been alleged," Sadow said. 

TRUMP GEORGIA CASE: FIVE KEY TAKEAWAYS FROM JUDGE’S ORDER GIVING DA FANI WILLIS AN ULTIMATUM

Fulton County District Attorney Fani Willis is spearheading the sweeping 2020 election interference case against Trump. (AP Photo/John Bazemore)

Trump was indicted in August on charges that include the Georgia RICO Act – the Racketeer Influenced And Corrupt Organizations Act; solicitation of violation of oath by a public officer; conspiracy to commit impersonating a public officer; conspiracy to commit forgery in the first degree; conspiracy to commit false statements and writings; conspiracy to commit filing false documents; conspiracy to commit forgery in the first degree; and filing false documents. 

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In March, Judge McAfee tossed six of the charges against Trump and his co-defendants, saying the state failed to allege sufficient detail for six counts of "solicitation of violation of oath by public officer." 

Brianna Herlihy is a politics writer for Fox News Digital.

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