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Law selectors, pages, etc.
Trump's lawyer should be ashamed for making a preposterous First Amendment argument.
By Curt_Anderson
March 28, 2024 11:04 am
Category: Law

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He should be sanctioned for making legally frivolous claims. Trump's lawyer is arguing that Trump's infamous "I just want to find 11,780 votes" phone call to Secretary of State Brad Raffensperger is protected free speech. If that's true, then bank robbers' hold-up notes handed to tellers and kidnappers' ransom notes are protected free speech.

(NY Post)[Trump’s lawyer Steve] Sadow said Trump was exercising his First Amendment right to free speech out of a “legitimate concern about the validity of the election” when he spouted claims of voter fraud in Georgia.

“That’s the height of political speech,” Sadow argued.

But prosecutor Donald Wakeford fired back that Trump wasn’t charged simply because what he said was false or “just because the prosecution doesn’t like what he said.”

Trump was free to say what he believed and to use the proper channels to challenge the election result, for instance, by filing a lawsuit or by making “other legitimate protests,” Wakeford claimed.

“What he is not allowed to do is employ his speech, and his expression, and his statements as part of a criminal conspiracy,” Wakeford added.


Cited and related links:

  1. nypost.com

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Comments on "Trump's lawyer should be ashamed for making a preposterous First Amendment argument.":

  1. by HatetheSwamp on March 29, 2024 1:36 pm

    pb's Legal Goober #2 agrees with the free speech argument and the way he says it, it makes sense.


    View Video


  2. by Curt_Anderson on March 29, 2024 2:32 pm
    Turley is being disingenuous. I am sure he knows that Trump didn't merely "question" the Georgia results. Have you ever heard Trump talk about the 2020 election with anything less than his absolute certainty that it was rigged and stolen from him?

    When the president tells a state-level office holder (of his own political party, no less) to "find" 11,780 votes that puts a coercive pressure on that person. A lesser man than Brad Raffensperger might have complied. Combine Trump's strongarm tactics with the fake elector schemes and the harassment of poll workers, you have an attempted conspiracy to defraud the voters of the Georgia.


  3. by HatetheSwamp on March 29, 2024 2:54 pm

    Did Trump order Raffensperger to come up with the votes?


  4. by Curt_Anderson on March 29, 2024 3:17 pm
    HtS,
    Apparently you've abandoned Turley's claim that Trump was merely questioning the election results. Good, that's a start.

    "This is a nice little shop you have here. It would be a shame should something bad happen to it". "Make him an offer he can't refuse". Not every threat or order needs to be explicit.

    Additionally, for added pressure, Trump falsely suggested to Raffensperger that Raffensperger could have committed a criminal offense by refusing to overturn the state's election results.


  5. by HatetheSwamp on March 30, 2024 3:50 am

    Baha, Curt. Tell us. You have a necked poster of Fani Willis on your ceiling. That's what her miserably failing RICO (which ain't a crime) case is all about.

    And, nice try, bubba.

    If it were true, oy freakin vey! But, by now, it should be obvious to you, even, that it ain't. Trump's a BSer. A big talker who does nuthin...

    ...remember building the wall and Mexico (or is it Egypt?...you’re probably too intentionally misinformed to get that'ne, eh?) will pay for it!!!!!?

    You, though, are Fani Willis 2.0, keehee, ha, ahhhhhhhhhhh!


  6. by Ponderer on March 30, 2024 8:01 am

    Curt, he absolutely insinuated to Raffenesperger that there could possibly be repercussions for him legally if he didn't "find" the 11,780 votes that he needed. The threat was there, once Trump saw that he wasn't getting anywhere with Raffenesperger. He tried to scare him into thinking that he could get in serious legal trouble for not supporting and publicizing Trump's flat-out lies... That Trump was putting him on notice that he was doing something illegal. And if Trump tells his mindless minions that someone has broken the law to hurt Trump somehow, how are his most violent and deranged, mindless minions going to react towards that person once Trump has lit their fuse? Mob bosses as skilled as Trump is at this know how to threaten someone without blatantly threatening them.


    From the infamous call:

    Trump: Okay, whatever, it’s a disaster. It’s a disaster. Look. Here’s the problem. We can go through signature verification, and we’ll find hundreds of thousands of signatures, if you let us do it. And the only way you can do it, as you know, is to go to the past. But you didn’t do that in Cobb County. You just looked at one page compared to another. The only way you can do a signature verification is go from the one that signed it on November whatever. Recently. And compare it to two years ago, four years ago, six years ago, you know, or even one. And you’ll find that you have many different signatures. But in Fulton, where they dumped ballots, you will find that you have many that aren’t even signed and you have many that are forgeries.

    Okay, you know that. You know that. You have no doubt about that. And you will find you will be at 11,779 within minutes because Fulton County is totally corrupt, and so is she totally corrupt.

    And they’re going around playing you and laughing at you behind your back, Brad, whether you know it or not, they’re laughing at you. And you’ve taken a state that’s a Republican state, and you’ve made it almost impossible for a Republican to win because of cheating, because they cheated like nobody’s ever cheated before. And I don’t care how long it takes me, you know, we’re going to have other states coming forward — pretty good.

    But I won’t . . . this is never . . . this is . . . We have some incredible talent said they’ve never seen anything . . . Now the problem is they need more time for the big numbers. But they’re very substantial numbers. But I think you’re going to find that they — by the way, a little information — I think you’re going to find that they are shredding ballots because they have to get rid of the ballots because the ballots are unsigned. The ballots are corrupt, and they’re brand new, and they don’t have seals, and there’s a whole thing with the ballots. But the ballots are corrupt.

    And you are going to find that they are — which is totally illegal — it is more illegal for you than it is for them because, you know, what they did and you’re not reporting it. That’s a criminal, that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery, and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen, and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state.

    And flipping the state is a great testament to our country because, you know, this is — it’s a testament that they can admit to a mistake or whatever you want to call it. If it was a mistake, I don’t know. A lot of people think it wasn’t a mistake. It was much more criminal than that. But it’s a big problem in Georgia, and it’s not a problem that’s going away. I mean, you know, it’s not a problem that’s going away.

    [Secretary of State Ryan] Germany: This is Ryan. We’re looking into every one of those things that you mentioned.

    Trump: Good. But if you find it, you’ve got to say it, Ryan.

    Germany: . . . Let me tell you what we are seeing. What we’re seeing is not at all what you’re describing. These are investigators from our office, these are investigators from GBI, and they’re looking, and they’re good. And that’s not what they’re seeing. And we’ll keep looking, at all these things.



    Everything Trump mentions he has is flaming bullshit. He never had a shred of actual evidence of any of his claims. Nothing but "People are saying..." and "I'm being told..." and "We have this and that..." and random numbers he or his minions pulled directly out of their Machiavellian asses. Through the whole thing he sounds like a desperate liar trying desperately by any lies he can think up to get others to swallow his lies and act on them. And he was willing to threaten people if need be. And for Trump, need beed.

    He was so successful in convincing his mindless dweebs like Hate with his baseless, made up lies, he thought he could do it to anyone in a position of authority.

    washingtonpost.com


  7. by HatetheSwamp on March 30, 2024 8:15 am

    po,

    Fani's got your back. You're in good hands.

    Bahahahahahahahahahaha baha baha baha, ha!


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