The former president files several fresh motions to toss out Fulton County election interference charges
The former president files several fresh motions to toss out Fulton County election interference charges
Attorneys for Donald Trump claim that the former president didn’t have “fair notice” that his attempts to reverse his Georgia loss in the 2020 presidential election could result in criminal charges against him.
A flurry of filings in Fulton County Superior Court on Monday argue that the sprawling election interference case against Mr Trump “consists entirely of core political speech at the zenith of First Amendment protections”.
Attorneys for the former president want the case dismissed on grounds that he has “presidential immunity” from actions while in office, that he was already acquitted for similar allegations in his second impeachment trial, and that he was never told that what he was doing in the state – where he is charged as part of an alleged racketeering scheme to unlawfully subvert the state’s election results – could be prosecuted.
“Our country has a longstanding tradition of forceful political advocacy regarding widespread allegations of fraud and irregularities in a long list of presidential elections throughout our history, therefore, President Trump lacked fair notice that his advocacy in the instance of the 2020 presidential election could be criminalized,” according to his attorneys.
Calling what he did "political advocacy" is a bit like calling what Jeffrey Dahmer did an "alternative diet"....
Judge, I'm a natural born... what was it... citizen. You cannot charge me for anything. It's true! Just look at the charters! Those, uhm, charters. I was merely traveling through Georgia. You have to let me go right now. Believe me, I know my rights!
and that he was never told that what he was doing in the state – where he is charged as part of an alleged racketeering scheme to unlawfully subvert the state’s election results – could be prosecuted
All the murderers on death row are like "that works?!", as they rush to call a lawyer.
After getting caught in a bank robbery, stealing thousands of dollars and traumatizing bystanders, the robber can just say: "No one gave me a fair notice this was illegal"
"Hey, I just tried to break into my school principal's room on a weekend to change my exam grade - because, you know, bad grades don't look good on me - BUT WHY IS THIS BEING MADE INTO SUCH A TOPIC ????"
This defense doesn't even work in the context of his specific case. He was told by staffers that what he was attempting to do was illegal and he made the phone call anyway. How much "fair notice" do you need to double check that you're not committing a crime when told by people whose job it is to do all of the research for you ahead of time?
Ignorance of the law is not a defense for breaking it, and this should be as damning as a confession of guilt.
They are just dragging this out as long as humanly possible in hopes that trump will win the election. It is kinda sad seeing how incompetent the US court systems have become. I know this is a very sensitive case, but the violence they fear will occur should be treated as the terrorism it is. We shouldn't have to worry about violent retribution from lead poisoned adults with guns if their god is not crowned king.
It's not like this is his first dealings with election recounts. He was involved with shutting down Jill Stein's attempts at recounts for the 2016 election.
In November 2016, a group of computer scientists and election lawyers including J. Alex Halderman and John Bonifaz (founder of the National Voting Rights Institute) expressed concerns about the integrity of the presidential election results. They wanted a full audit or recount of the presidential election votes in three states key to Donald Trump's electoral college win—Michigan, Wisconsin, and Pennsylvania—but needed a candidate on the presidential ballot to file the petition to state authorities. After unsuccessfully lobbying Hillary Clinton and her team, the group approached Stein and she agreed to spearhead the recount effort.[74]
A crowdfunding campaign launched on November 24, 2016, to support the costs of the recount, raised more than $2.5 million in under 24 hours,[75] and $6.7 million in nearly a week.[76] On November 25, 2016, with 90 minutes remaining on the deadline to petition for a recount to Wisconsin's electoral body, Stein filed for a recount of its presidential election results. She signaled she intended to file for similar recounts in the subsequent days in Michigan and Pennsylvania.[77]
President-elect Donald Trump issued a statement denouncing the recount request saying, "The people have spoken and the election is over." Trump further commented that the recount "is a scam by the Green Party for an election that has already been conceded."[78]
With all his whining about rigged elections he of all people should know you can't ask election officials to "find" you exactly the amount of votes you need to win that election.