On Thursday, Fulton County Superior Court Judge Scott McAfee denied former President Donald Trump’s motion to dismiss the indictment accusing him of interfering in the 2020 election. Trump had argued that his actions were protected under the First Amendment.
“After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment,” Judge McAfee ruled.
“They argue this prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct, and further contend that the indicted charges are overbroad,” McAfee stated.
Steve Sadow, one of Trump’s Georgia attorneys, explained, “President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges.”
“It is significant that the court’s ruling made clear that defendants were not foreclosed from again raising their ‘as-applied challenges at the appropriate time after the establishment of a factual record.’”
Fulton County District Attorney Fani Willis has indicated readiness for a trial as soon as August in the state racketeering case against Trump. However, Superior Court Judge Scott McAfee, despite his recent ruling advancing the case, has yet to schedule a trial date for Trump and his 14 co-defendants in Georgia.
In March, McAfee reduced the number of criminal charges against Trump from 91 to 88 by dismissing three charges against him and six charges in the Racketeer Influenced and Corrupt Organizations (RICO) case involving Trump and some co-defendants.
McAfee noted the allegations that the defendants attempted to persuade Georgia officials to breach their oaths lacked sufficient detail.
CNN reports:
McAfee’s ruling is the latest step inching the state racketeering case against Trump forward. But while Fulton County District Attorney Fani Willis has suggested she would be ready to go to trial as soon as August, the judge has still not set a trial date for Trump or his remaining 14 co-defendants in the Peach State.
McAfee’s refusal to scrap the indictment comes as the free speech defense has repeatedly fallen short in pretrial wrangling in election meddling cases.
McAfee previously rejected similar First Amendment challenges from other defendants in the Georgia case. In the federal election interference case, Judge Tanya Chutkan also heard – and rejected – the argument that Trump’s actions should be considered protected political speech.
At a hearing on the First Amendment issue last month, Sadow argued Trump’s attempts to upend the Georgia election results were “core political speech.”
“What do we have here?” Sadow asked. “We have election speech, which is ‘protected’ from government restriction.”
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