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Tuesday, March 5, 2024

Trump Moves to Quash Most Charges Against Him in Georgia

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Former President Donald J. Trump’s legal team, led by Georgia attorney Steven H. Sadow, filed a motion to dismiss the majority of the 13 charges related to election interference levied against him. This comes in light of a 98-page indictment that was issued by a Georgia grand jury the previous month.

The motion from Mr. Sadow referenced another comprehensive motion presented by Ray Smith III, an attorney and one of Trump’s 18 co defendants in the case. Smith’s motion scrutinizes the indictment, citing numerous “defects” and questions its legal validity.

Central to Smith’s argument is the charge concerning the Racketeer Influenced and Corrupt Organizations Act (RICO). The indictment alleges that all 19 defendants, including Mr. Trump, violated the RICO Act by attempting to overturn Trump’s narrow defeat in the 2020 Georgia state election. Smith asserts that this charge aims to curtail First Amendment rights. Doesn’t adequately establish the existence of a racketeering enterprise with the stated objective.

Further elaborating, the Smith filing suggests that this so-called racketeering conspiracy essentially consisted of millions of Americans who believed that election fraud had occurred. Drawing a comparison, the motion posits that the mere existence of numerous bank robbers with similar objectives doesn’t constitute a singular RICO enterprise.

As legal proceedings intensify, Fulton County district attorney Fani T. Willis, who is at the forefront of the prosecution, refrained from commenting on these developments, as did Mr. Sadow. This recent filing continues the pattern of legal maneuvers. With Trump’s team consistently challenging the indictment since its inception in mid August.

Legal observers weren’t taken aback by the motion. Many had anticipated an assertive defense from Trump’s attorneys, even prior to trial commencement. Notably, Trump’s lawyers are endeavoring to sever his case from two other co defendants. Sidney Powell and Kenneth Chesebro, who are pushing for a prompt trial slated for October 23rd.

Atlanta based attorney Mr. Smith, who previously supported Trump in contesting his Georgia election defeat, faces a litany of charges in this case. He is accused of propagating false election narratives during a legislative session. participating in efforts to instate counterfeit Trump electors. Smith maintains his innocence, having entered a plea of not guilty.

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