Jimmy Williams
Former President Donald Trump and his co-defendants in the Georgia election interference case faced a setback on Thursday as a Fulton County Superior Court Judge, Scott McAfee, denied their bid to dismiss the charges on First Amendment grounds.
In his 14-page ruling, Judge McAfee stated that while the defendants have the right to protest the results of the 2020 presidential election, this does not shield them from the charges brought by District Attorney Fani Willis’s office.
McAfee emphasized that the defendants’ expressions and speech were allegedly made in furtherance of criminal activity, constituting false statements that threatened to deceive and harm the government.
Trump and his co-defendants, including Rudy Giuliani and John Eastman, had argued that the prosecution violated their First Amendment rights to political speech and activity. However, McAfee found that the charges were not solely based on political expression but involved knowingly and willfully making false statements to public officers and filing documents containing false statements.
In response to the ruling, Trump’s lawyer Steve Sadow stated that they respectfully disagree with McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges.
McAfee clarified that the prosecution was not targeting political speech alone but was based on allegations that the defendants knowingly made false statements and misrepresentations in an attempt to overturn the results of the state’s election.
The case involves Trump and 14 other defendants who have pleaded not guilty to charges of racketeering. As of now, no trial date has been set, leaving the legal battle ongoing.