Trump’s Georgia attorney argues he shouldn’t be tried until 2029 if he wins the election

Trump’s Georgia attorney argues he shouldn’t be tried until 2029 if he wins the election
Donald Trump speaking at a campaign rally. Photo: Gage Skidmore / Creative Commons
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Steve Sadow, who is representing former President Donald Trump in the Fulton County, Georgia election interference case, is not only arguing that his client's case should be dropped due to First Amendment issues, but that prosecutors should hold off on trial proceedings until the end of the decade should Trump be elected to a second term.

According to ABC News, Sadow made the argument that forcing his client to appear in court while running a campaign for the White House constituted "election interference" and that the free speech clause in the US Constitution protects Trump from being held accountable for his attempts to overturn the 2020 election.

"Can you imagine the notion of the Republican nominee for president not being able to campaign for the presidency because he is in some form or fashion in a courtroom defending himself?" Sadow said. "That would be the most effective election interference in the history of the United States. And I don't think anybody wants to be in that position."

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"Let's be clear -- this is not election interference," Fulton County special prosecutor Nathan Wade said in response. "This is moving forward with the business of Fulton County."

Sadow added that should Trump be elected to a second term as president, it would be inappropriate for Fulton County District Attorney Fani Willis to move forward with her prosecution until his term was complete in January of 2029.

"Could [Trump] even be tried in 2025?" Judge Scott McAfee asked Sadow.

"The answer to that is, I believe, that under the supremacy clause and his duties as president, this trial would not take place at all until after he left his term of office," Sadow said.

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Sadow's appearance in court on Friday marks the first time Trump's legal team has appeared in a Georgia courtroom to address the charges against him. Willis has requested an August 5, 2024 trial date for the sprawling RICO case against the 45th president of the United States and more than a dozen co-defendants. If convicted, Trump could face up to 20 years in a Georgia state prison. Because the charges are in a state jurisdiction, Trump would not be able to issue a presidential pardon to himself if he is convicted in Fulton County.

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