Judge rejects Trump's bid to dismiss Georgia case on free speech claim – The Washington Post
ATLANTA — An Atlanta-area judge upheld criminal charges against former president Donald Trump and others in the Georgia election interference case, rejecting arguments from Trump and his co-defendants that the indictment criminalizes speech protected by the First Amendment.
Trump and 14 others were indicted last August and accused of illegally conspiring to overturn Trump’s 2020 election loss in Georgia. Attorneys for Trump and others moved to dismiss the case, claiming the charges were based on statements that they argued was “core value political discourse” and constitutionally protected speech.
But in a 14-page ruling Thursday, Fulton County Superior Court Judge Scott McAfee disagreed, finding that alleged speech “in furtherance of criminal activity” is not protected by the First Amendment.
“Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity,” McAfee wrote.
McAfee wrote that Trump and others are not being prosecuted for simply making false statements but were indicted as part of an alleged conspiracy to “knowingly and willingly … deceive and harm the government.”
“The allegations that the Defendants’ speech or conduct was carried out with criminal intent are something only a jury can resolve,” the judge wrote.
But McAfee did leave open the possibility that Trump and others could raise similar arguments “at the appropriate time after the establishment of a factual record.”
Steve Sadow, Trump’s lead attorney in the Georgia case, argued in a hearing last week that the statements attributed to Trump in the indictment were purely political speech and protected under the First Amendment, even if proven to be false.
In an email Thursday, Sadow said Trump and the other defendants “respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges.” He said it was “significant” that McAfee noted they could raise another challenge later.
A spokesman for Fulton County District Attorney Fani T. Willis (D) declined to comment.
McAfee’s ruling echoed a finding from U.S. District Judge Tanya S. Chutkan, who is presiding over the federal election interference trial against Trump and denied a similar motion from Trump’s attorneys challenging that indictment on First Amendment grounds.
“The First Amendment does not protect speech that is used as an instrument of a crime,” Chutkan wrote in a Dec. 1 order.
The latest: Nathan Wade, the lead prosecutor in the Georgia election interference case against former president Donald Trump and his allies, resigned hours after the judge ruled that Fulton County District Attorney Fani T. Willis (D) may continue with the prosecution, but only if Wade, whom Willis had a romantic relationship with, exited the case. Read the full decision from Judge Scott McAfee.
Status of the case: Trump and his associates are accused of conspiring to try to overturn Trump’s 2020 election loss in Georgia. Four of Trump’s co-defendants have pleaded guilty in the Georgia election case. Trump previously entered a plea of not guilty. The case does not have a scheduled trial date.
The charges: The judge dismissed six counts in the sweeping 41-count criminal racketeering indictment. Here’s a breakdown of the original charges against Trump and a list of everyone else who was charged in the Georgia case. Trump now faces 88 felony charges in four criminal cases.
Historic mug shot: Trump was booked at the Fulton County Jail on charges that he illegally conspired to overturn his 2020 election loss. Authorities released his booking record — including his height and weight — and mug shot.