Trump cases: lawyer argues to dismiss Georgia election subversion case; progressive groups call for ‘fair’ hush money trial – live | US politics

Trump lawyer argues for Georgia election interference indictment to be dismissed on free speech grounds

In the ongoing hearing in Atlanta, Steve Sadow, an attorney for Donald Trump, asked judge Scott McAfee to dismiss the charges related to election interference against the former president, saying they were attempting to criminalize speech protected by the first amendment:

Trump attorney Steven Sadow argues for tossing out the Georgia election interference case on First Amendment grounds at a pretrial hearing:

“The reason why we don’t even get to a trial is because it’s unconstitutional to force an accused … to stand trial on protected speech.” pic.twitter.com/tO4NtNBshw

— The Recount (@therecount) March 28, 2024

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Key events

The day so far

Donald Trump’s legal team was in Atlanta to argue that the charges brought by Fulton county district attorney Fanil Willis against the former president should be dismissed on first amendment grounds. Other defendants have tried unsuccessfully to make that argument, but Judge Scott McAfee wrapped up the hearing without giving any indication of how he may rule – or, perhaps more importantly, when Trump’s trial will actually start. Speaking of trials, Republican House speaker Mike Johnson sent the Senate’s Democratic leader Chuck Schumer a letter demanding he get started on homeland security secretary Alejandro Mayorkas’s impeachment trial as soon as the GOP transmits the charges on 10 April. Schumer’s office said the Senate leader plans to do so, but reports indicate that Democrats are considering voting to dismiss the impeachment articles.

Here’s what else is going on:

  • Progressive groups have written an open letter asking that Trump receive “a prompt and fair trial” in the New York hush money case.

  • Joe Biden called New York City mayor Eric Adams to offer condolences on the death of police officer Jonathan Diller. Trump plans to attend his wake.

  • The Republican National Committee wants to know if new hires think the 2020 election was stolen from Trump.

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Democratic Senate leader Chuck Schumer responded to Mike Johnson’s letter by saying they’d get the ball rolling on the impeachment trial as soon as House Republicans send the charges over.

“As we have said previously, after the House impeachment managers present the articles of impeachment to the Senate, senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside,” Schumer’s office said in a statement.

There’s plenty they are not saying, including whether they’ll actually go through with holding the trial, or quickly vote on a motion to dismiss the charges, as Democrats are reportedly considering doing.

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Republican House speaker Johnson demands Senate Democrats hold Mayorkas impeachment trial ‘expeditiously’

The Republican speaker of the House, Mike Johnson, has demanded the Senate’s Democratic leader Chuck Schumer schedule the trial of homeland security secretary Alejandro Mayorkas “expeditiously” after his impeachment last month.

“As Speaker and impeachment managers of the US House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously,” Johnson and the 11 Republican impeachment managers wrote in a letter sent today to Schumer.

They continued:

We call upon you to fulfill your constitutional obligation to hold this trial. The American people demand a secure border, an end to this crisis, and accountability for those responsible. To table articles of impeachment without ever hearing a single argument or reviewing a piece of evidence would be a violation of our constitutional order and an affront to the American people whom we all serve.

House Republicans alleged Mayorkas has mismanaged security on the border with Mexico, but Senate Democrats have shown no interest in removing him from office. They are reportedly considering dismissing the charges without holding a trial, and Schumer has said the allegations were ginned up at the behest of Donald Trump:

This sham impeachment effort is another embarrassment for House Republicans. The one and only reason for this impeachment is for Speaker Johnson to further appease Donald Trump.

House Republicans failed to produce any evidence that Secretary Mayorkas has committed any crime.

House Republicans failed to show he has violated the Constitution.

House Republicans failed to present any evidence of anything resembling an impeachable offense.

This is a new low for House Republicans.

Congress is currently out of Washington DC, with the Senate and House set to resume on 8 and 9 April, respectively.

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Progressive groups call for Trump to receive ‘prompt and fair trial’ in New York hush money case

A coalition of progressive groups has released an open letter calling for Donald Trump to receive “a prompt and fair trial” in New York, where he faces charges related to making hush money payments prior to the 2016 election.

Earlier this week, the judge overseeing that case set 15 April as its start date, making it the first of Trump’s four criminal indictments to go to trial. The other three cases remain mired in pre-trial motions and appeals, and it is unclear if verdicts will be reached in any prior to the November presidential election.

“The facts alleged in the indictment recount much more than a sordid soap opera and corporate malfeasance; they also describe conduct that should matter to anyone who cares about democracy, voter information, and meaningful voter choice,” reads the letter, which was signed by 17 groups organized into the Not Above the Law coalition, including Citizens for Responsibility and Ethics in Washington, MoveOn and Indivisible.

In New York, Trump stands accused of channeling funds from his business to adult actor Stormy Daniels and former Playboy model Karen McDougal in exchange for their silence on extra-martial affairs ahead of the 2016 election. He allegedly described the payments as legal costs, which New York prosecutors say broke the law.

The groups say this amounted to an “instance of election interference” that “might also be understood as an early sign of Trump’s antipathy for voters, which surfaced again in behavior culminating in the January 6th violent attempt to overturn the 2020 election results and disrupt the peaceful transfer of power.”

They continue:

If the rule of law is to remain meaningful, no one — not even a former president — should be allowed to be above the law, and all the Trump criminal trials must play out. The first of these trials is important. We, the undersigned organizations, stand united in our desire for a prompt and fair trial that goes wherever the facts and the law lead. The undersigned organizations also express our hopes that as the Manhattan trial unfolds, the full context for the charges is made clear and understandable to the American public. Our nation deserves nothing less.

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The White House announced that Joe Biden called Eric Adams, the mayor of New York, to offer condolences on the death of Jonathan Diller, a police officer killed on Monday.

“The president offered Mayor Adams, the City of New York, and the New York Police Department his support in the wake of the tragedy,” the White House said.

Donald Trump plans to attend Diller’s wake today. Biden is also heading to the Big Apple, to hold a major fundraiser alongside Bill Clinton and Barack Obama.

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Arguments in Donald Trump’s attempt to get the charges against him in the Georgia election subversion case dismissed have wrapped up in Atlanta.

Judge Scott McAfee did not offer any hints of how he might rule or, perhaps more crucially, when the trial may kick off. Trump’s indictment in Georgia is one of the four criminal cases he faces, but has been slowed down by pre-trial motions, including the unsuccessful effort to get the prosecutor, Fani Willis, removed from the case.

Here’s a rundown of where we are on all of Trump’s legal matters, both criminal and civil:

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Trump lawyer argues for Georgia election interference indictment to be dismissed on free speech grounds

In the ongoing hearing in Atlanta, Steve Sadow, an attorney for Donald Trump, asked judge Scott McAfee to dismiss the charges related to election interference against the former president, saying they were attempting to criminalize speech protected by the first amendment:

Trump attorney Steven Sadow argues for tossing out the Georgia election interference case on First Amendment grounds at a pretrial hearing:

“The reason why we don’t even get to a trial is because it’s unconstitutional to force an accused … to stand trial on protected speech.” pic.twitter.com/tO4NtNBshw

— The Recount (@therecount) March 28, 2024

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Joe Biden’s campaign has meanwhile launched its own salvo against Donald Trump.

A new video posted on X contrasts Biden’s recent campaigning in swing states with Trump’s struggles on the golf course:

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Donald Trump is not attending the ongoing hearing in Atlanta in his election subversion case.

The former president will be in New York City to attend the wake of a police officer shot to death earlier this week during a traffic stop, his campaign spokesman Steven Cheung announced in a typically barbed tweet:

President Trump will be honoring the legacy of Officer Diller and paying respects to his family, friends, and the NYPD.
 
Meanwhile, the Three Stooges—Biden, Obama, and Clinton—will be at a glitzy fundraiser in the city with their elitist, out-of-touch celebrity benefactors.

— Steven Cheung (@TheStevenCheung) March 28, 2024

This post has been corrected to note Trump is attending Diller’s wake, rather than a funeral.

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Judge hears prosecutor, Trump attorney’s free speech arguments in Georgia election subversion case

In Atlanta, judge Scott McAfee is now hearing arguments over whether Donald Trump’s indictment for allegedly trying to overturn the 2020 election should be dismissed on free speech grounds.

Trump’s attorneys have argued that any false statement he made were protected by the first amendment, an argument prosecutors are encouraging the judge to reject.

In the words of Georgia State University law professor Anthony Michael Kreis, today’s arguments boil down to this:

The real fight here is over whether the state is prosecuting false speech for the sake of punishing falsity ~or~ whether mistruths uttered by Trump were intended to induce criminal acts under Georgia law.

— Anthony Michael Kreis (@AnthonyMKreis) March 28, 2024

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From the Atlanta Journal-Constitution, here are two things to watch in today’s hearing as Donald Trump challenges his indictment for trying to overturn Georgia’s 2020 election:

This is the first hearing since McAfee ruled on the Fani Willis disqualification motion, which defendants have until Monday to appeal.

It’s also the first hearing without special prosecutor Nathan Wade quarterbacking for the DA’s office. We’ll see who replaces him today

— Tamar Hallerman (@TamarHallerman) March 28, 2024

An appeal by defendants of judge Scott McAfee’s ruling allowing Fani Willis to continue prosecuting the case but only if special counsel Nathan Wade quits could further delay Trump and his co-defendants’ trial dates.

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Joe Biden hopes to rake it in this evening at a campaign fundraiser alongside Bill Clinton and Barack Obama, his two Democratic predecessors who won re-election. Here’s more on that, from the Guardian’s Martin Pengelly:

Joe Biden will appear onstage with Barack Obama and Bill Clinton, his two most recent predecessors as a Democratic president, in New York City on Thursday night, a presidential extravaganza the Biden-election campaign said would raise a “historic” $25m.

Such a haul, which Politico called an “NYC money bomb”, will widen Biden’s lead over Donald Trump in fundraising for the November election.

Amid improving polling for Biden, the two presidential campaigns recently posted February fundraising figures. Federal filings showed Biden nearly $40m up in cash raised, leading the president’s campaign to taunt their rival as “Broke Don”.

Biden’s Thursday night show at Radio City Music Hall in midtown Manhattan will be compered by the actor Mindy Kaling, feature performances by artists including Queen Latifah and Lizzo, and culminate with a three-way presidential conversation moderated by the late-night TV host Stephen Colbert.

Tickets start at $250 but top-ups include $100,000 for a picture with Biden, Obama and Clinton – three men recently ranked by political scientists as the 14th-, seventh- and 12th-greatest presidents of all time. In the same survey, Trump finished 45th and last.

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RNC props up baseless 2020 election fraud claims after Trump takeover

Georgia judge Scott McAfee will today weigh whether Donald Trump was just exercising his first amendment rights when he insisted, without evidence, that the 2020 election was stolen.

Such claims are alive and well at the Republican National Committee, where Trump recently installed several lieutenants in leadership position. The Guardian’s Martin Pengelly reports that new employees are being quizzed about their views on fraud in the 2020 election:

A spokesperson for the Republican National Committee and Donald Trump did not deny a Washington Post report that said prospective RNC employees are being asked if they believe the 2020 election was stolen, constituting a “litmus test” as the 2024 election approaches.

“Candidates who worked on the frontline in battleground states or are currently in states where fraud allegations have been prevalent were asked about their work experience,” Danielle Alvarez, a spokesperson for the RNC and Trump, said in a statement.

“We want experienced staff with meaningful views on how elections are won and lost and real experience-based opinions about what happens in the trenches.”

Trump has pursued his stolen election lie through his conclusive defeat by Biden; his attempts to overturn results in key states; his incitement of the deadly January 6 attack on Congress; his resulting impeachment and acquittal; his attempts to delay or avoid trial on four federal and 10 state criminal charges concerning election subversion; and his surge to a third successive presidential nomination.

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Trump lawyers to argue for dismissal of Georgia election subversion case on free speech grounds

Good morning, US politics blog readers. Today in Georgia, Donald Trump’s legal team will argue that the case brought against him by Fulton county district attorney Fani Willis for allegedly trying to overturn the state’s 2020 election result should be dismissed on first amendment grounds, CNN reports. The hearing in Atlanta will be the first held since judge Scott McAfee ruled Willis could continue handling the case, but only if special prosecutor Nathan Wade quit, which he did. For Trump, the odds are not looking particularly good: two of his 18 co-defendants have made similar claims that they were merely exercising their free speech rights when claiming, without evidence, that the 2020 election was marred by fraud, but McAfee rejected their arguments.

Today’s hearing nonetheless represents a return to sorting out the actual merits of Willis’s case, which was delayed for weeks after defense attorneys alleged she had created a conflict of interest by hiring Wade, a romantic partner. The Georgia case is one of four criminal indictments against Trump, but still has no trial date – a crucial element to sort out, considering that a conviction could upend the 2024 presidential race.

Here’s what else we are watching today:

  • Joe Biden this evening will head to a New York City campaign fundraiser where he is reportedly expecting to rake in a mammoth $25m, thanks to a little help from Barack Obama and Bill Clinton, both of whom will be there.

  • Chris Christie, the former New Jersey governor who was briefly a presidential candidate, said he would not pursue a third-party presidential bid, leaving No Labels’s much-worried-over ticket empty once again.

  • White House press secretary Karine Jean-Pierre will see what reporters want to know, sometime after 11.40am ET.

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