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Former President Donald Trump is pictured in this photo provided by the Fulton County Sheriff's Office on Aug. 24, in Atlanta, Ga. Donald Trump’s defense attorney in the Fulton County, Ga., election subversion case said Friday that his trial will not move forward if he is elected. File Photo via Fulton County Sheriff's Office/UPI

1 of 4 | Former President Donald Trump is pictured in this photo provided by the Fulton County Sheriff’s Office on Aug. 24, in Atlanta, Ga. Donald Trump’s defense attorney in the Fulton County, Ga., election subversion case said Friday that his trial will not move forward if he is elected. File Photo via Fulton County Sheriff’s Office/UPI | License Photo

Dec. 1 (UPI) — Donald Trump‘s defense attorney says putting him on trial in Fulton County, Ga., during the 2024 election would be election interference.

Steven Sadow, making his first appearance Friday in a Fulton County courtroom representing the former president, said putting Trump on trial during the 2024 election would be “the most effective election interference in the history of the United States.”

Sadow appeared alongside attorneys for several other defendants for a motions hearing in the court of Superior Court Judge Scott McAfee. It was a preview of some of the arguments that will be made in Trump’s defense.

“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. I don’t think anybody wants to be in that position.”

The attorney went on to say Trump deserves a “fair chance” to campaign, arguing that no trial date should be set until the Republican nomination is decided and Trump’s other court cases are finished.

Asked if he believes Trump’s trial would move forward if he is elected president, Sadow said not until his term in office is over.

“This trial does not constitute election interference. Let’s be clear,” said Nathan Wade, an attorney for Willis’ office. “This is moving forward with the business of Fulton County. I don’t think it in any way impedes defendant Trump’s ability to campaign or doing whatever he needs to do to seek office.”

If Trump is not the nominee, Sadow said there would be no reason to delay the trial.

Sadow did not reiterate the arguments laid forward by other defense attorneys, but he did say Trump’s involvement in the alleged conspiracy to overturn the results of the 2020 election are protected by the First Amendment.

Several defense attorneys emphasized the unprecedented nature of the indictment, calling it unconstitutional. Will Wooten, Fulton County deputy district attorney, said the defense has not explained any specific statute that is being applied unconstitutionally.

“We’ve heard from the other side that this is the first time a prosecution of this type has been brought. And that may be true,” he said. “But this is the first time a criminal enterprise has gotten together and tried to overturn the results of an election. I don’t think that’s a particularly persuasive argument. That doesn’t make it unconstitutional.”

McAfee has been skeptical about District Attorney Fani Willis’ proposal to try the entire slate of defendants in the sprawling RICO case together.

On Friday, he lightly suggested that the defendants be divided into an “A-league” and “B-league.” He said the prosecution would have the statutory right to choose which defendants fill each group, though if an “A-league” defendant must be subbed out, every defendant from the other group must be ready to sub in.

McAfee has also indicated that he believes about eight defendants could go on trial together, though he clarified to the court Friday that is not a firm number.

Donald Trump

Former President Donald Trump is pictured in this photo provided by the Fulton County Sheriff’s Office in Atlanta on August 24, 2023. Trump surrendered on a 13-count indictment for efforts to overturn the results of the 2020 election in Georgia. Photo courtesy of Fulton County Sheriff’s Office/UPI | License Photo

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