Donald Trump Files A Motion to Dismiss The 2020 Election Case

Photo by Gage Skidmore from Peoria, AZ, USA, CC BY-SA 2.0, via Wikimedia Commons

Fani Willis’ case against Donald Trump looks like a house of cards.

Scandals and bad legal theories ripped the indictment against Donald Trump to pieces.

And now Donald Trump hit Fani Willis with a big-time curveball that she never saw coming.

Fulton County Democrat District Attorney Fani Willis made no bones about the political nature of her attempts to jail Donald Trump.

Willis hit Trump and 18 of his lawyers, aides and supporters with a legally ludicrous RICO indictment alleging a criminal conspiracy to overturn the 2020 election results in Georgia.

Lawmakers intended RICO statutes to target organized crime, but Willis bent the meaning of the law to essentially say Donald Trump deserves to go to jail because you can’t question an election a Democrat wins.

Trump lawyers Steve Sadow and Jennifer Little laid out that argument in a motion to Judge Scott McAfee to dismiss the case on First Amendment grounds.

“The First Amendment, in affording the broadest protection to political speech and discussion regarding governmental affairs, not only embraces but encourages exactly the kind of behavior under attack in this Indictment,” Trump’s lawyers’ motion to dismiss read.

In the motion to dismiss, Trump’s attorneys argued that Willis’s charges against Trump amounted to policing and criminalizing Trump’s speech as the actions Trump took that Willis claimed violated the law were asking for a recount in Georgia that Trump believed would show he won the state and its 16 Electoral College votes.

“The Fulton County prosecutors have not identified any non-speech or non-advocacy conduct in the allegations against President Trump,” Sadow and Little’s motion continued.

“An examination of the indictment reveals why: none of the allegations relate to any non-speech or nonadvocacy conduct,” the motion to dismiss continued. “Every charge and overt act alleged against President Trump rests on core acts of political speech and advocacy that lie at the heart of the First Amendment.”

Willis is the one Democrat prosecutor not even trying to pretend her charges are anything but political in nature.

Alvin Bragg and Jack Smith – both strong anti-Trump partisans – didn’t make Trump take a mug shot.

Willis did as critics contend Willis mistakenly believed a mug shot would humiliate Trump and make Americans view him as a common criminal.

Instead, the mug shot led to the biggest fundraising haul of Trump’s campaign and his poll numbers in the GOP primary and against Joe Biden shot up.

Willis also staged a midnight pep rally to announce the indictment against Trump.

These charges by Willis are an attempt to interfere in the 2024 election on Joe Biden’s behalf by tying Trump down in court as Willis proposed the trial start in August and run into 2025.

But this case is also an attempt to secure Willis’s political future as jailing Trump would serve as Willis’s calling card in a potential run for governor of Georgia in 2026.