Former President Donald Trump's motion to dismiss an indictment on the grounds of First Amendment protection was shut down by a Georgia judge on Thursday. The indictment accuses him, along with 18 others, of attempting to illegally overturn the 2020 presidential election results in Georgia. According to WABE, Trump's team argued that the charges were politically motivated and aimed at protected speech, even if that speech is found to be false.
However, Fulton County Superior Court Judge Scott McAfee ruled that the indictment does not solely target the act of making false statements. Instead, it alleges that the defendants acted knowingly to harm. McAfee held firmly that "Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity." This leaves open the pathway for Trump to possibly raise similar First Amendment defenses later in the trial, once a factual record has been established.
Trump's attorney Steve Sadow expressed disagreement with the judge's order, stating, "We respectfully disagree with Judge McAfee’s order and will continue to evaluate our options regarding the First Amendment challenges," in a statement obtained by WABE. Sadow took note of the importance that the judge acknowledged the right to raise these challenges at a subsequent phase of the legal proceedings.
Reflecting precedent, McAfee's decision resonates with a federal case in which U.S. District Judge Tanya Chutkan posited in December that the First Amendment does not shield speech used as an instrument of a crime. No date for trial has been set in this sprawling case, which is one of four criminal charges against Trump. The former president, amidst all these legal entanglements, continues to outrightly seek a return to the Office of the Presidency. Meanwhile, a few of the co-defendants have chosen to plead guilty, reaching agreements with prosecutors, whereas Trump and the rest maintain their innocence, having pleaded not guilty.
