{"id":2037594,"date":"2023-09-19T16:07:02","date_gmt":"2023-09-19T20:07:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/after-severing-case-trump-co-defendants-move-to-quash-fulton-county-charges\/"},"modified":"2023-09-19T16:10:05","modified_gmt":"2023-09-19T20:10:05","slug":"after-severing-case-trump-co-defendants-move-to-quash-fulton-county-charges","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/after-severing-case-trump-co-defendants-move-to-quash-fulton-county-charges\/","title":{"rendered":"Trump and co-defendants seek to dismiss Fulton County charges after case is severed."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fafter-severing-case-trump-co-defendants-move-to-quash-fulton-county-charges%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2037594&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><blockquote>\n<div data-post-content=\"true\" class=\"post_content\" id=\"post_content\">\n<p>In \u2063a series of filings\u200b on Monday, lawyers representing former President Donald Trump made a bold move to dismiss seven\u200d charges \u200bagainst him from the Fulton County indictment. They adopted the arguments put forth by co-defendants who have already\u2063 separated their cases from Trump&#8217;s, using those\u2062 same arguments in their own motions.<\/p>\n<p>Trump, along \u200bwith 18 others, faces charges\u2062 of racketeering in relation to their efforts\u2063 to challenge the 2020 election results in Georgia. The \u200dindictment spans 98 pages and \u2064includes a total of 41 counts. As Trump gears\u2063 up for a potential 2024 presidential \u200drun, he finds\u200c himself juggling a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-legal-team-fights-back-against-jack-smiths-jan-6-trial-plans-files-for-more-reasonable-schedule\/\" title=\"Trump's legal team opposes Jack Smith's Jan. 6 trial plans, seeks a 'fairer' schedule.\">packed court schedule<\/a>, with four criminal indictments and several civil cases looming over him.<\/p>\n<div class=\"my-5\">\n<p>Two of Trump&#8217;s co-defendants, Kenneth \u200dChesebro and Sidney Powell, both\u200b attorneys who advised him after the 2020 elections, have had their cases separated from the rest. They are set to be tried together on October 23. Trump has now adopted Powell&#8217;s general demurrer and motion to dismiss the charge of violating Georgia&#8217;s Racketeer Influenced and Corrupt Organizations (RICO) Act. He argues that this <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/after-severing-case-trump-co-defendants-move-to-quash-fulton-county-charges\/\" title=\"Trump and co-defendants seek to dismiss Fulton County charges after case is severed.\">charge violates fundamental constitutional principles<\/a> of due process and fair warning.<\/p>\n<\/div>\n<h2>Seven Counts<\/h2>\n<p>All \u200bdefendants were initially charged with violating RICO, with Trump facing\u200d a total of 13 counts, the highest among the 19 defendants.<\/p>\n<p>Powell also\u200d sought to \u2064dismiss six charges related to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/kari-lake-ariz-voting-machines-were-tampered-with\/\" title=\"Arizona voting machines tampered with, says Kari Lake.\">alleged voting machine tampering<\/a>, charges that Trump himself was\u2064 not indicted on. Her attorneys argued that if these false charges were dismissed, it would disqualify her from being charged under the RICO statute, which requires involvement in two or \u2064more criminal acts.<\/p>\n<p>Trump has also adopted Chesebro&#8217;s motions to quash charges on counts nine, 11, 17, \u206215,\u2062 13, and 19.<\/p>\n<p>Count\u2064 nine accuses the defendants of &#8220;conspiracy to commit impersonating a public officer.&#8221; Chesebro argues that the indictment fails to identify the \u200dtype of public officer the Republican electors allegedly impersonated, while mischaracterizing how the electors presented \u200cthemselves.<\/p>\n<p>Counts 11 and 17 are charges of &#8220;conspiracy to\u200d commit forgery \u200din the first degree.&#8221; Chesebro argues that\u200c these counts fail to allege a material element of forgery and go beyond the scope of \u2064the cited \u200bstatute.<\/p>\n<p>Count 15 is \u2064a charge\u200c of\u200c &#8220;conspiracy to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-fires-back-after-georgia-indictment-raises-questions-about-charging-documents\/\" title=\"Trump responds to Georgia indictment, raises concerns about charging documents.\">commit filing false documents<\/a>.&#8221; \u2063Chesebro argues that the indictment fails\u200c to properly allege that the document in question\u2064 involved an effort to encumber property and that the Republican electors&#8217;\u200b certificates contained any false statements.<\/p>\n<div class=\"my-5\">\n<p>Counts 13 and 19 are \u2062charges of &#8220;conspiracy to commit false statements and \u200dwritings.&#8221; Chesebro argues that these \u2062counts fail to allege a false statement and that neither the governor nor the secretary of state had the authority to act on the statements within the allegedly mailed documents.<\/p>\n<\/div>\n<h2>Alternate Electors<\/h2>\n<p>The case\u2063 is being prosecuted by Fani Willis, the district attorney \u200cfor Fulton County \u2064in Georgia. She claims that\u2063 the actions\u2063 outlined in the\u2064 indictment constitute a &#8220;racketeering conspiracy enterprise.&#8221; According\u200c to\u2064 the indictment, the organizing of Republican\u2064 electors and their casting of ballots were deemed illegal, resulting in \u2062charges of impersonating public officers against several electors.<\/p>\n<p>Chesebro \u2064played a \u200crole\u2064 in organizing alternate slates of electors in multiple states,\u200b including Wisconsin and Georgia. The indictment cites his meetings and communications as overt acts in furtherance of \u2062the conspiracy.<\/p>\n<div class=\"my-5\">\n<p>Several other attorneys who advised Trump after the 2020 elections\u2064 are also named in the indictment. Many of them argue that the\u2062 actions they were \u2062charged \u200dwith were simply part of \u200ctheir \u200dduties as practicing lawyers. Chesebro contends \u200cin his motion to quash the charges that the counts themselves fail to allege any criminal activity.<\/p>\n<\/div>\n<h2>Case Tested<\/h2>\n<p>The\u200b indictment is complex, involving 19 co-defendants who are not all acquainted with each other, 41 counts, and 150 witnesses\u200b for the\u200b prosecution alone. \u200dGiven these \u200bcircumstances, it is only logical that the case be divided into smaller, more manageable trials, as argued by the defense. Last week, Judge Scott McAfee of Fulton County Superior Court agreed\u200b to\u200b try Powell and Chesebro together due to their request for a speedy trial, but \u2063he decided to keep the cases consolidated despite their distinct nature. He acknowledged that it is likely the remaining 17 defendants will \u2062also have \u200ctheir cases separated to alleviate the burden on the jurors.<\/p>\n<p>The judge also noted another complication: five defendants are attempting to have their cases moved to federal court. Mark Meadows, former chief of staff for Trump, is currently appealing in \u2063the 11th Circuit after \u200chis request was denied by a\u200d federal judge. Meadows made a surprise appearance and testified at his \u200down\u200c hearing,\u200d which lasted an entire day and involved multiple witnesses.<\/p>\n<p>The\u200b four other defendants seem eager to avoid a similar experience and have waived their right to appear at the hearings. Jeffrey Clark, former assistant attorney general, was absent from his hearing on Monday, and \u200dthree alternate \u2062electors will have their hearing on Wednesday.<\/p>\n<p>Judge McAfee pointed out that any federal ruling or \u2064appeal may impact the state court proceedings, adding another layer of complexity to the case. Additionally, several defendants have filed motions to dismiss the entire case, and the prosecution has yet to respond.<\/p>\n<p>Last week, Trump \u200calso filed a similar motion, adopting arguments made by co-defendants Rudy Giuliani and Ray Stallings Smith III to dismiss the\u2063 Fulton County case.<\/p>\n<\/div>\n<\/blockquote>\n<p> <\/p>\n<h2> How does Trump&#8217;s \u2063legal team emphasize the importance\u2062 of upholding the constitutional \u200dright to\u200d free speech and\u2062 political \u200dexpression in their defense<\/h2>\n<p><span>  Ies as legal counsel and that they were acting within the bounds \u200dof the law. They\u200c contend\u2062 that their involvement in challenging the election \u2063results was an exercise\u2062 of their First Amendment rights to petition the\u200d government for\u2062 a redress of\u2063 grievances.<\/p>\n<\/div>\n<h2>Constitutional Principles<\/h2>\n<p>Trump&#8217;s legal\u2063 team is now highlighting the violation of constitutional principles in their motion to\u2063 dismiss. They argue that the RICO charges \u2064against him are unfounded and that they are an overreach of the law. They claim that the \u2062indictment fails to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/congress-asks-olympics-committee-to-explain-deals-with-chinese-slave-companies\/\" title=\"Congress Asks Olympics Committee to Explain Deals with Chinese Slave Companies\">provide sufficient evidence<\/a> to support the\u200b charges and that the allegations are based on political \u2063motivations rather than legitimate legal grounds.<\/p>\n<p>Furthermore, Trump&#8217;s lawyers assert \u2062that\u200b the charges against him violate due process and fair warning.\u2062 They argue that the \u200bRICO charges are ambiguous \u2064and fail to specify the \u200dcriminal acts committed\u2062 by Trump. They contend that such vague charges are a violation of the Fifth and\u200b Fourteenth Amendments, which guarantee the right to\u200c due process and \u2063fair notice of the charges against an individual.<\/p>\n<div class=\"my-5\">\n<p>Trump&#8217;s legal team also emphasizes the importance of upholding the constitutional right \u2064to \u2064free speech and\u2062 political expression. They argue that Trump&#8217;s actions to challenge the election results were protected\u2062 by\u2064 the First Amendment and should\u2064 not\u200c be criminalized. They contend that prosecuting Trump and his co-defendants\u200b for engaging in political speech and advocacy\u2062 would set a dangerous precedent and undermine the principles of democracy and free\u2064 speech.<\/p>\n<\/div>\n<h2>Implications \u200dfor Trump&#8217;s Future<\/h2>\n<p>The\u2063 outcome of \u2064the\u2064 motion to dismiss will have \u2064significant implications for\u2063 Trump&#8217;s future legal battles and potential presidential aspirations. If the charges against \u200bhim\u2064 are dismissed, it would weaken \u200dthe overall case \u200dagainst him \u2064and potentially deter other \u2064legal actions against him.<\/p>\n<p>However, if the motion to dismiss fails, \u200bTrump\u200d will face a lengthy and complex legal battle. The multiple criminal indictments and civil cases hanging \u2064over \u2063him pose a\u2062 significant obstacle to his \u200bpotential political ambitions.\u2064 They create a \u200bcloud of legal uncertainty and potential reputational damage that\u200d he will have to navigate if he decides to run for president again in 2024.<\/p>\n<div class=\"my-5\">\n<p>Regardless of the legal proceedings, Trump&#8217;s decision\u2062 to adopt the\u200d arguments of his co-defendants reflects a strategic move \u2063to strengthen his \u2063defense and challenge \u200cthe legitimacy of \u2064the charges against him. By aligning his \u2062defense with Powell and Chesebro,\u200c he\u200b seeks to establish a unified front against the prosecution and undermine the credibility of the case.<\/p>\n<\/div>\n<h2>Awaiting the Court&#8217;s\u2062 Decision<\/h2>\n<p>The fate of the seven charges in the\u200d Fulton County indictment hangs in the\u2064 balance as the court considers Trump&#8217;s motion\u2062 to dismiss. The outcome of this legal battle will not\u200b only\u2064 impact Trump&#8217;s personal legal\u200b woes but also have broader implications for the\u2063 legal treatment of individuals involved in challenging \u200belection\u2064 results.<\/p>\n<p>As the legal proceedings unfold, the world will be watching closely to see how \u200cthe court\u2063 navigates the complex legal issues at \u200dhand and whether Trump&#8217;s arguments will hold \u2062weight. Whatever the decision \u200dmay \u2063be, it\u200b will undoubtedly be a pivotal moment in Trump&#8217;s ongoing legal saga and\u200b influence\u2062 the trajectory of\u2062 his political future.<\/p>\n<\/div>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Attorneys for ex-President Trump filed to dismiss seven charges in the Fulton County indictment. They adopted arguments used by co-defendants who separated their cases. Trump and 18 others face racketeering charges for challenging the 2020 election results. Multiple filings were made on Monday.<\/p>\n","protected":false},"author":2167,"featured_media":2037595,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[543],"tags":[],"class_list":["post-2037594","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-epoch-times"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2037594","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2167"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2037594"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2037594\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2037595"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2037594"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2037594"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2037594"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}