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Practicing law isn’t illegal. Speaking freely about the law isn’t illegal. Raising questions about election integrity isn’t illegal. Advocating for your client isn’t illegal. These actions are protected by the First Amendment.
On August 14, 2023, Fulton County DA Fani Willis announced the indictment of President Trump and 18 others under Georgia’s RICO statute, a statute traditionally used to prosecute organized crime. Among those charged with participating in the alleged grand scheme to overturn the 2020 election results, were several attorneys who provided legal advice to the former president.
What was the extent of their participation?
Expressing their opinion and belief that election irregularities occurred in the 2020 election, and sharing that opinion via legal memos, social media, and conversations with state legislators.
These are not crimes under any regime respecting due process or the First Amendment.
Let’s be clear: giving legal advice, regardless of whether it’s good advice or even correct advice, should not be criminalized. Not only does Georgia’s dangerous precedent seek to deter attorneys and contingent electors from doing their duties for their clients–it violates their right to freedom of speech.
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