'Integral to criminal conduct': experts predict Trump's Georgia case challenge will fail

Fani Willis and Donald Trump / official portraits.

Former President Donald Trump Saturday was compared to a john looking for a good time by a legal expert who believes his most recent challenge to his Georgia election racketeering case is likely to fail.

Atlanta-based criminal defense attorney Andrew Fleischman made this comparison to Salon when discussing the legal nuances of the right to free political speech, which Trump argued Thursday Fulton County District Attorney Fani Willis’ case violates.

“Prosecutors are arguing that Trump's speech in this case is unprotected by the First Amendment ‘because it's integral to criminal conduct,’” Fleischman reportedly said. "Haggling with a prostitute is speech, but it's also part of a crime."

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Fleischman was one of two legal experts who slammed Trump attorney Steve Sadow’s First Amendment arguments made to Judge Scott McAfee in an Atlanta hearing on Thursday.

Trump has pleaded not guilty to charges that he conspired to overturn the 2020 election results in Georgia, and accused Willis of participating in a political witch hunt.

Melissa Redmon, a University of Georgia law professor and former Fulton County prosecutor, summarized Sadow’s argument then explained to Salon the problem she found with it.

"The argument we heard yesterday from one of Trump's attorneys was basically, 'You can say whatever you want and it's free speech,'” Redmon said. “That's not quite what the law holds.”

McAfee did not issue a ruling Thursday, but listened carefully as prosecutor Donald Wakeford derided Sadow’s argument that Trump’s unsubstantiated 2020 election fraud claims were protected political speech.

“It’s very interesting to hear counsel for Mr. Trump tell us about the usefulness of lies,” Wakeford told McAfee. “It’s almost saying that because these statements are false, they should be dismissed.”

Redmon and Fleischman both told Salon that McAfee is likely to side with the prosecutors.

"I mean, you can say what you want,” Redmon reportedly said, “but that doesn't mean you don't get prosecuted if that speech is an integral part of criminal conduct."

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