Trump's attorneys try to get Georgia case dismissed by extolling virtues of lying

Atlanta, Georgia - During a recent hearing in his Georgia election subversion trial, Donald Trump's tried to use the ex-president's penchant for lying as a plus.

Donald Trump and his legal team are attempting to get his Georgia election trial dismissed by arguing his pattern of telling falsehoods is protected free speech.
Donald Trump and his legal team are attempting to get his Georgia election trial dismissed by arguing his pattern of telling falsehoods is protected free speech.  © ALMOND NGAN / AFP

According to The Daily Beast, Judge Scott McAfee, who is overseeing the trial, heard arguments from both sides during a Thursday hearing regarding Trump's First Amendment rights.

The 77-year-old's attorneys request the case – in which he is accused of attempting to overturn Georgia's 2020 election results – be dismissed and focused on two counts of "false statements and writings."

They relate to the infamous call Trump made to Georgia Secretary of State Brad Raffensperger on January 2, 2021, as well as an open letter from September 2021. In both cases, the real estate mogul repeatedly lied about gaining hundreds of thousands more votes than Biden in the state.

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His lawyer, Steve Sadow, doesn't necessarily disagree – he just thinks lying can actually be beneficial.

"Campaigning and elections has always been found to be at the zenith of protected speech," he told the judge. "What we have here is election speech."

Sadow went on to argue, via ancient Greek philosopher Socrates, that "examination of a false statement, even if made deliberately to mislead, can promote a form of thought that ultimately helps realize the truth."

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Superior Judge Scott McAfee during a hearing at the Fulton County Courthouse in Atlanta, Georgia on March 28, 2024.
Superior Judge Scott McAfee during a hearing at the Fulton County Courthouse in Atlanta, Georgia on March 28, 2024.  © DENNIS BYRON / POOL / AFP

Prosecutors were not at all impressed with the defense's arguments, which they described as an attempt to "tell us about the usefulness of lies."

Chief senior District Attorney Donald Wakeford argued that the case is ultimately about how Trump's speech caused "harm to the government."

"It's not just that he lied over and over and over again… it's that each of those was employed as criminal activity with criminal intentions," Wakeford explained.

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"What we have heard here today is an attempt to rewrite the indictment… and he was just a guy asking questions. Not someone who was part of an overarching criminal conspiracy for trying to overturn an election he did not win."

Prosecutor and RICO expert John Floyd also pointed out that, "For purposes of the RICO statute, it doesn't matter whether that's First Amendment conduct or not."

Trump's Georgia trial was set to start August 5, but with controversy swirling around the prosecuting District Attorney Fani Willis, that timeline is in question.

Cover photo: ALMOND NGAN / AFP

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