A Georgia judge has denied former President Donald Trump's motion to dismiss his 2020 election interference indictment, rejecting the argument that his challenges to the election results were protected by the First Amendment. In a ruling issued on Thursday, Fulton County Superior Court Judge Scott McAfee stated that the constitutional protections cited by Trump and his co-defendants do not extend to the actions and statements alleged by the state.
"After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment," Judge McAfee wrote in his order.
The ruling comes in response to a motion filed by Trump's counsel, Steve Sadow, who argued last week that his client's challenges to the 2020 election results were protected by the First Amendment. "There is nothing alleged against President Trump that is not political speech," Sadow had asserted.
However, Judge McAfee disagreed, stating that "[e]ven core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity." He added that the defense had not presented, nor was the Court able to find, any authority indicating that the speech and conduct alleged in the indictment is protected political speech.
The judge's order emphasized that the indictment alleges more than mere expressions of a political nature, stating that "the indictment charges the Defendants with knowingly and willfully making false statements to public officers and knowingly and willfully filing documents containing false statements and misrepresentations within the jurisdiction of state departments and agencies."
While the ruling dealt a blow to Trump's defense, Judge McAfee appeared to leave the door open for future First Amendment challenges once a factual record has been established. "Without foreclosing the ability to raise similar as-applied challenges at the appropriate time after the establishment of a factual record, the Defendants' motions based on First Amendment grounds are denied," he noted.
In a statement following the decision, Trump's attorney, Steve Sadow, said, "President Trump and other defendants respectfully disagree with Judge McAfee's order and will continue to evaluate their options regarding the First Amendment challenges." Sadow also highlighted the significance of the court's ruling being without prejudice, allowing defendants to raise their "as-applied" challenges at a later stage.
Trump and 18 others were indicted in August on charges that include the Georgia RICO Act (Racketeer Influenced And Corrupt Organizations Act), solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, conspiracy to commit forgery, conspiracy to commit false statements and writings, conspiracy to commit filing false documents, and filing false documents. In March, Judge McAfee dismissed six of the charges against Trump and his co-defendants, citing insufficient detail in the state's allegations.
The former president has vehemently denounced the district attorney's investigation as politically motivated, and a trial date has yet to be set. Four co-defendants have since taken plea deals in exchange for agreeing to testify against other defendants.
