Trump seeks dismissal of Fulton County election case.

Attorneys for former President Donald​ Trump have filed a motion on Monday, seeking to‌ dismiss several charges against Mr. Trump in the Georgia racketeering case. The motion argues that the indictment is flawed and fails to provide sufficient notice of the charges.

The defense ⁤team adopts the⁢ arguments made by co-defendant Rudy ​Giuliani ​on seven charges, as well as co-defendant Kenneth Chesebro’s demurrer ​of one charge. Chesebro also seeks to dismiss the entire indictment. Additionally, Mr. Trump’s attorneys have requested reciprocal discovery under Georgia law.

Both Mr. Giuliani and President ⁤Trump face 13‍ counts, with seven overlapping charges. They were charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act.

Mr. Chesebro, who also represented President Trump in the ⁢election challenge, faces seven charges. All defendants are accused ‍of participating in a criminal racketeering enterprise under Georgia’s RICO Act.

The case ‍is being prosecuted by Fulton County District Attorney Fani ‌Willis, who argues that the defendants’ ⁤actions in challenging the 2020 election results constituted‍ a criminal enterprise.

Arguments

Mr. Giuliani’s attorneys argue that the 98-page, ‌41-count racketeering indictment has several deficiencies. They claim‍ that it fails to provide sufficient notice to Mr. Giuliani and⁤ mixes criminal acts with constitutionally​ protected speech and daily activities.

Mr. Chesebro’s defense team seeks to dismiss the case based on the Supremacy Clause of the U.S. Constitution, asserting ⁢that federal law supersedes state ⁣laws ‌and courts. They argue that the alleged acts occurred before Georgia’s ‍”safe harbor” deadline for submitting electoral ballots.

They further contend that electoral laws are ⁢governed by⁢ the federal 1887 Electoral Count Act, which grants Congress the authority ‍to⁤ resolve election disputes. They cite the 1960 election result disputes in Hawaii as a precedent.

If any actions taken after December 8, 2020, are deemed illegal, Mr. Chesebro’s attorneys argue ‌that they would violate federal law, not Georgia state law.​ They have requested a speedy trial, set to begin on ‍October 23, and‍ seek the dismissal of the entire ⁣indictment.

The prosecution⁤ has filed a motion to prevent the public disclosure of juror identities, citing concerns about media coverage and potential ⁣harassment. The motion emphasizes the need to protect the jury’s impartiality throughout the trial.

The case ​has garnered ‍significant media attention since the indictment, with anonymous individuals on ⁢conspiracy theory websites ⁣sharing personal information about the grand⁢ jury.