A Georgia judge on Thursday refused to dismiss a 2020 election-related case in Fulton County involving former President Donald Trump and 14 others. The judge, Scott McAfee, ruled against the defendants’ attempt to dismiss the case on First Amendment grounds, stating that the First Amendment does not shield them from prosecution.
In a 14-page order, McAfee rejected the argument made by the defendants that the charges infringed upon their First Amendment rights to political speech and petitioning Congress. McAfee emphasized that free speech, particularly political speech, is not absolute, especially when it is linked to criminal activity such as fraud or posing an imminent threat.
The case stems from indictments against Trump and 18 others by a grand jury in Fulton County, following an investigation by District Attorney Fani Willis and her team. The charges allege efforts to overturn the election results in Georgia after Trump’s defeat in the state in 2020. While Trump and most co-defendants have pleaded not guilty, some have accepted plea deals.
Trump faces 10 felony charges, three of which were dismissed in an earlier ruling by McAfee. Defense attorneys argued that the charges violated protected political speech, but McAfee disagreed, stating that the alleged speech was integral to criminal conduct and thus not shielded by the First Amendment.
Don't Miss
Steve Sadow, Trump’s attorney, stated that they disagree with McAfee’s ruling and will explore their options regarding First Amendment challenges. McAfee, however, left open the possibility for the defendants to raise the issue again in the future.
McAfee emphasized that only a jury can determine whether the defendants’ speech or conduct was criminally motivated, but he noted that, based on the allegations, the speech in question was intertwined with criminal activity and thus not protected under the First Amendment.
The case faced delays due to an attempt by one of Trump’s co-defendants to disqualify District Attorney Willis, alleging improper conduct. However, McAfee ruled that Willis could continue with the case as long as her deputy resigned, which he did.
Trump and seven co-defendants have sought the Georgia Court of Appeals to review McAfee’s decision not to disqualify Willis and her office, a process that could take up to 45 days.
This case is one of four criminal prosecutions against Trump, including one in Manhattan and two in federal courts, all of which Trump has pleaded not guilty to, claiming they are politically motivated.
