Former U.S. President Donald Trump speaks to the media at Atlanta Hartsfield-Jackson International Airport after surrendering at the Fulton County Jail on August 24, 2023 in Atlanta, Georgia.
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A judge on Thursday rejected an attempt by Donald Trump to dismiss his criminal case on election interference charges in Georgia, saying the charges violated his right to free speech.
The former president and 14 of his co-defendants in the case argued that Fulton County District Attorney Fani Willis’ indictment interfered with their right to challenge Trump’s 2020 election loss to President Joe Biden in the state.
But her speech was said to have been made “in furtherance of criminal activity,” Judge Scott McAfee wrote in his 14-page ruling in Fulton County Superior Court.
“Even key political statements that address matters of public interest are not criminal if they are allegedly used to promote criminal activity,” McAfee wrote.
The judge noted that he interpreted the charge “generously in favor of the State,” as required at the preliminary hearing.
The defendants argued that their speech about Georgia’s 2020 election results was political and that they could not be prosecuted for making false political statements.
But the prosecution doesn’t just depend on whether her election claims are true or false, McAfee wrote.
“Instead, the indictment consistently alleges that the defendants acted ‘intentionally’ and ‘knowingly’ and that they influenced matters of state importance,” the judge wrote.
“These are not legal conclusions, but rather questions of fact,” McAfee wrote in the ruling. “The allegations that the defendant’s speech or conduct was with criminal intent can only be determined by a jury.”
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Trump attorney Steve Sadow said in a statement to NBC News that the defendants “respectfully disagree with Judge McAfee’s order and will continue to explore their options regarding the First Amendment challenges.”
The ruling represents the latest legal loss for Trump, who is running for president and faces 91 criminal charges in four separate cases.
On Wednesday, a New York judge rejected one of Trump’s requests to postpone his upcoming hush money trial, which is scheduled to begin April 15.
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2024-04-04 17:53:39
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