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Donald Trump glares

FILE – Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga. Lawyers for former President Donald Trump argued in a court filing that the charges against him in the Georgia election interference case seek to criminalize political speech and advocacy conduct that is protected by the First Amendment. (AP Photo/Mike Stewart, File)

Former President Donald Trump is being unlawfully prosecuted in Georgia for political speech that is protected by the First Amendment to the U.S. Constitution, a defense attorney argued on Thursday.

During a motions hearing in Fulton County Superior Court, Atlanta-based lawyer Steve Sadow argued that conspiracy charges against his client should be dismissed because they run afoul of U.S. Supreme Court precedent protecting specifically falsehoods and lies.

In the sprawling, 98-page, 41-count criminal indictment filed by Fulton County prosecutors against Trump and others in August 2023, several conspiracy counts allege conduct that includes fraud.

Trump’s defense says the allegations of fraud don’t hold up to legal scrutiny because they are back-engineered to reach a preordained conclusion — and are based on disallowed criminalization of speech.

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