Former President Donald Trump’s legal team has filed several motions to dismiss charges he faces.
It’s been called “a big win for Trump” as a Fulton County judge has ruled to sever two defendants’ cases, dealing a tremendous blow to District Attorney Fani Willis’ case.
“The judge overseeing the Georgia election interference case has severed the case, ordering that 17 defendants — including former President Donald Trump — will not be tried alongside speedy trial defendants Kenneth Chesebro and Sidney Powell on Oct. 23,” the report found.
Trump has already waived his speedy trial rights. This is considered a major blow to prosecutors.
These charges are related to Trump’s alleged actions challenging the state’s 2020 election results.
Fulton County District Attorney Fani Willis has accused Trump and 18 others of election interference, with Trump facing 13 counts, including an alleged violation of the state’s racketeering laws.
"This is not a good day for the Fulton County DA."
"Fani Willis wasn't there, but you got to imagine… she's throwing things against the wall based on this hearing."
"A great win for Donald Trump and others that did not want to be part of this speedy trial case."
"I can tell… pic.twitter.com/cfhiw7DpFS
— Kyle Becker (@kylenabecker) September 14, 2023
In their legal motions, Trump’s legal team employed an argument similar to one made by attorney Kenneth Chesebro, who played a role in Trump’s strategy to delay the certification of Georgia’s electoral votes.
Attorneys called Willis’ indictment “a conspiratorial bouillabaisse consisting of purported criminal acts, daily activities, and constitutionally protected speech.”
Chesebro’s legal representatives sought to dismiss his case by citing the Supremacy Clause in the Constitution, which prevents states from intervening in areas solely under federal authority and are “entirely within the ambit of federal authority.”
According to the Supremacy Clause it “establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.”
Big win for President Trump in Fulton County:
"Fani Willis wasn't there, but you got to imagine she's throwing things against the wall based on this hearing. A great win for Donald Trump!"
pic.twitter.com/SGaHJPg1gi— Citizen Free Press (@CitizenFreePres) September 14, 2023
The clause also “prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government.”
Trump’s attorneys filed a motion similar to one submitted by Rudy Giuliani’s legal team. Giuliani contended that the charges against him unjustly associated his First Amendment actions with a wide-ranging criminal endeavor.
Judge Scott McAfee is overseeing these cases. “His experience as a tough prosecutor equips him to search out fraud, waste, abuse, and corruption, and bring those to justice who break the law.” Kemp said about the judge.
Willis is advocating for an October trial date for all 19 individuals indicted in the case.
