Judge rejects Trump's bid to dismiss Georgia election case on free speech grounds

April 4 (UPI) -- An Altlanta-area judge on Thursday struck down former President Donald Trump's motion to have the Georgia election interference case thrown out on First Amendment grounds.

Judge Scott McAfee, in his order denying the motion, argued, "even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity."

In a hearing held last week in Fulton County, Trump's attorney Steve Sadow argued the former president's statements regarding the 2020 presidential election are "the zenith of protected speech" and that even false statements are protected under the First Amendment.

McAfee, however, determined the defendants had not presented "any authority that the speech and conduct alleged is protected political speech."

The Petition Clause of the First Amendment, which allows one to communicate with government officials, "does not extend to allegedly fraudulent petitions," McAfee argued.

"In other words, the law does not insulate speech allegedly made during fraudulent or criminal conduct from prosecution under the guise of petitioning the government."

Fulton County prosecutor Donald Wakeford said arguments about the First Amendment should be determined by a jury rather than in pre-trial motions. He also argued Trump's false statements were "employed as part of criminal activity with criminal intentions."

State prosecutors argued Trump's statements contributed to a broad conspiracy, which also included impersonating government officials and submitting false and forged documents.

In response to the ruling, Sadow in a statement wrote, "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 ...'"

McAfee's ruling clears another roadblock to moving forward the sweeping racketeering case against Trump and his co-defendants, but the judge has not yet set a trial date.

Fulton County District Attorney Fani Willis has indicated she would be ready to go to trial as soon as August, but the trial could be delayed further because of the controversy around Willis' romantic involvement with special prosecutor Nathan Wade leading up to the trial.

McAfee previously struck down similar First Amendment-based motions from other defendants in the case.

Trump and 18 of his supporters pleaded not guilty in August 2023 to all charges alleging interference in the 2020 presidential election in Georgia. Four of the co-defendants have since accepted plea deals in exchange for their willingness to testify against the other defendants.