Judge Denies Trump Motion To Dismiss Georgia Case On 1st Amendment Grounds
A judge in Fulton County has denied the motion of former President Donald Trump and his co-defendants to dismiss the Georgia election interference case based on First Amendment grounds.
Trump and his co-defendants argued that the Fulton County indictment infringed on their First Amendment right to challenge the 2020 presidential election results.
In his order rejecting the motion, Judge Scott McAfee stated: “Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity.”
Judge McAfee explained that the indictment alleges more than just political statements.
“The State has alleged more than mere expressions of a political nature,” he wrote. “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.”
McAfee further noted in his ruling that he found no authority indicating that the speech and conduct alleged in the indictment is protected political speech.
The judge clarified that the protection provided by the Petition Clause of the First Amendment — which allows communication with government officials — “does not extend to allegedly fraudulent petitions.”
“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,” he wrote.
In August last year, Donald Trump and 18 others pleaded not guilty to all charges in a racketeering indictment. The indictment accused them of attempting to overturn the results of the 2020 presidential election in Georgia.
Four of the co-defendants later accepted plea deals and agreed to testify against other defendants. Trump has criticized the district attorney’s investigation, calling it politically motivated.
Earlier this week, former Harvard law professor Alan Dershowitz claimed in an interview that the “evidence is overwhelming” against Fulton County District Attorney Fani Willis, suggesting that she should be on trial for the “worst crimes that I’ve seen prosecutors commit.”
In an interview with Newsmax TV, Dershowitz said Willis “ought to be on trial for perjury, conspiracy to commit perjury, and witness tampering.” He added: “The evidence is overwhelming that she committed perjury, including technical scientific evidence and several witnesses.”
Dershowitz’s remarks followed a motion filed by former President Donald Trump and eight co-defendants in Willis’ RICO case, seeking to have the DA removed from the case for unethical behavior.
Last month, Georgia Superior Court Judge Scott McAfee ruled that prosecutor Nathan Wade had to leave a case due to his affair with Willis, who appointed him. He also stated that Willis would have to step down if Wade continued working on the case.
After the ruling, Wade resigned from his position, but Dershowitz claimed that there is “overwhelming” evidence suggesting that Willis had received payment.
“Essentially she got kickbacks for appointing this highly unqualified person to head the prosecution,” said Dershowitz. “I sure hope the appellate court takes the case and throws her out of the case and recommends that there be a criminal investigation… we have to have an independent prosecutor of some kind looking into what is an open and shut case of perjury.”
Critics allege that both Willis and Wade lied in McAfee’s court about the start date of their relationship, among other questionable testimony.