Judge hears defense motions in Georgia election case

The district attorney's office is seeking an August trial date
Efforts to disqualify DA Fani Willis delayed start of pre-trial hearings
Pre-trial motions could take months and push back trial date

Updated: Mar 28, 2024 / 11:05 AM CDT

(NewsNation) — The judge overseeing former President Donald Trump’s Georgia election interference case is holding a hearing on defense motions, the first hearing since Trump’s team tried to disqualify Fulton County District Attorney Fani Willis.

Trump’s team accused Willis of benefitting financially due to a romantic relationship she had with Special Prosecutor Nathan Wade. The judge denied the request to disqualify Willis but did rule that either she or Wade had to step down. Wade resigned from the case after the ruling.

Trump’s team is appealing the decision.

Trump and 18 others have been indicted on state charges stemming from an alleged effort to overturn the results of the 2020 election.

Trump has pleaded not guilty and, as with all of the cases against him, has claimed the prosecution is politically motivated.

Judge Scott McAfee will hear oral arguments on motions filed in December and February.

In the December motion, Trump said his speech is protected by the First Amendment, including his communications with Georgia officials regarding election results in the state.

Prosecutors argued in response that the indictment “is based on criminal acts, not speech.” Wherever speech is involved, they wrote, it is “speech integral to criminal conduct, fraud, perjury, threats, criminal solicitation, or lies that threaten to deceive and harm the government.”

The motion from February was filed by one of Trump’s co-defendants, David Shafer, a Georgia election official. He is challenging the RICO charges he is facing, which allege he organized or attempted to organize fake electors.

In total, Trump and his co-defendants face 36 charges in Georgia after McAfee dismissed six charges related to solicitation a month ago. Four of the co-defendants have accepted plea deals.

All of this has contributed to a delay in the case, as the motions could have been heard months ago if not for the effort to dismiss Willis. Originally, Willis had hoped to try the case in August, before the 2024 election but the timing may be pushed back as McAfee continues to hear pre-trial motions.

The Associated Press contributed to this report.