Trump loses bid to dismiss Georgia election interference case on free speech grounds

A
judge
on
Thursday
denied
an
effort
by

Donald
Trump
to
dismiss
his
criminal
election
interference
case
in
Georgia
on
grounds
that
the
indictment
violates
his
free
speech
rights.

The
former
president
and
14
of
his
co-defendants
in
the
case
argued
that
the
indictment
brought
by
Fulton
County
District
Attorney
Fani
Willis
encroached
on
their
First
Amendment
right
to
challenge
Trump’s
2020
election
loss
to
President
Joe
Biden
in
the
state.

But
their
speech
is
alleged
to
have
been
made “in
furtherance
of
criminal
activity,”
Judge
Scott
McAfee
wrote
in
his
14-page
ruling
in
Fulton
County
Superior
Court.

“Even
core
political
speech
addressing
matters
of
public
concern
is
not
impenetrable
from
prosecution
if
allegedly
used
to
further
criminal
activity,”
McAfee
wrote.

The
judge
noted
that
he
was
interpreting
the
indictment “liberally
in
favor
of
the
State”
as
is
required
during
the
pretrial
period.

The
defendants
argued
that
their
speech
about
Georgia’s
2020
election
results
was
political
and
that
they
cannot
be
prosecuted
for
making
even
false
political
statements.

But
the
charges
do
not
hinge
solely
on
whether
their
election
claims
were
true
or
false,
McAfee
wrote.

“Instead,
the
indictment
avers
throughout
that
the
Defendants
acted ‘willfully’
and ‘knowingly,’
and
that
they
impacted
matters
of
governmental
concern,”
the
judge
wrote.

“These
are
not
legal
conclusions,
but
issues
of
fact,”
McAfee
wrote
in
the
ruling. “The
allegations
that
the
Defendants’
speech
or
conduct
was
carried
out
with
criminal
intent
are
something
only
a
jury
can
resolve.”

Trump’s
attorney
Steve
Sadow
said
in
a
statement
to
NBC
News
that
the
defendants “respectfully
disagree
with
Judge
McAfee’s
order
and
will
continue
to
evaluate
their
options
regarding
the
First
Amendment
challenges.”

The
ruling
marks
the
latest
legal
loss
for
Trump,
who
is
running
for
president
while
facing
91
criminal
charges
in
four
separate
cases.

On
Wednesday,
a
New
York
judge
denied
one
of
Trump’s
requests
to
delay
his
upcoming
criminal
hush
money
trial,
which
is
set
to
begin
April
15.