Voz media US Voz.us

Rough week: Judge McAfee rejects Trump's motion to dismiss Georgia case

The former president's lawyers argued that the case should be dismissed under the First Amendment.

La Corte Suprema escuchará la apelación de inmunidad de Trump a finales de abril, retrasando aún más el juicio de subversión electoral del fiscal Jack Smith

Donald Trump (Pool/Sipa USA / Cordon Press)

Published by

The Fulton County Superior Court judge has rejected the motion filed by Donald Trump and other co-defendants in the election interference trial in Georgia to dismiss the case under the provision of the First Amendment. However, Judge Scott McAfee noted in the order that "the speech alleged in this indictment is part and parcel of criminal conduct and is categorically excluded from First Amendment protections," so the defense's motion is "denied." The setback is the latest in what has been a rough week for Trump in court, following rulings by judges in the Stormy Daniels case in New York and the Mar-a-Lago documents in Florida.

Trump and the other co-defendants argued that the trial should end because the charges by prosecutors "violate the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct, and further contend that the indicted charges are overbroad." However, the judge found that "free speech — including political speech — is not without restriction. These excluded categories include speech integral to criminal conduct, fraud, or speech presenting an imminent threat that the Government can prevent."

Trump and other co-defendants disagree with ruling

In addition, McAfee noted in the 14-page order that "the State has alleged more than mere expressions of a political nature. Rather, 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"

After learning of the ruling, Trump's attorney, Steve Sadow, indicated that "President Trump and other defendants respectfully disagree with Judge McAfee's order and will continue to evaluate their options regarding the First Amendment challenges."