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A judge on Thursday denied Donald Trump’s request to dismiss his election interference case in Georgia on the grounds that it violated the former president’s First Amendment rights.
Judge Scott McAfee issued an order saying that while Trump’s free speech rights permitted him to raise challenges about the 2020 election, the allegations in the indictment reflected speech that was not protected by the Constitution because it was allegedly “made in furtherance” of crimes.
“After interpreting the indictment’s language liberally in favor of the State as required at this pretrial stage, the Court finds that the Defendants’ expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within a government agency’s jurisdiction which threaten to deceive and harm the government,” McAfee wrote.
Fulton County District Attorney Fani Willis indicted Trump and 18 others on allegations that they illegally conspired to overturn the 2020 election in Georgia.
Trump has pleaded not guilty to the allegations.
Trump attorney Steve Sadow reacted in a social media post, writing, “My statement as lead defense counsel for President Trump in the Fulton County, GA case: “[We] respectfully disagree with Judge McAfee’s order (refusing to dismiss the indictment) and will continue to evaluate [our] options regarding the First Amendment challenges. It is significant that the court’s ruling was without prejudice, as it 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,…’”
My statement as lead defense counsel for President Trump in the Fulton County, GA case: “[We] respectfully disagree with Judge McAfee’s order (refusing to dismiss the indictment) and will continue to evaluate [our] options regarding the First Amendment challenges. It is…
— Steve Sadow (@stevesadow) April 4, 2024
Below is Judge McAfee’s order, just released on Thursday:
Fulton County Order on Firs… by Ashley Oliver
BREAKING: Fulton County Judge McAfee has just denied Donald Trump and his co-defendants’ Motion to Dismiss the indictment, ruling that the First Amendment does not protect them from prosecution.
NOTE: The court determined that the allegations in the indictment suggest their… pic.twitter.com/ME9MLujA2h
— Simon Ateba (@simonateba) April 4, 2024
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The post BREAKING: Judge rules on Trump’s bid to dismiss Georgia RICO case on free speech grounds appeared first on Dennis Michael Lynch.
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