Trump’s First Amendment challenge to indictment in Georgia election case rejected
The former president’s attorneys argued that all the charges against him involved political speech that is protected even if the speech ends up being false. Former President Donald Trump's First Amendment challenge to his indictment in the Georgia election interference case was rejected by Judge Scott McAfee. The former president's lawyers argued that the charges against him involve political speech that is protected even if the speech ends up being false. However, McAfee ruled that even lawful acts involving speech protected by the First Amendment can be used to support a charge under Georgia's anti-racketeering law. The judge also left open the possibility that Trump and others could raise similar arguments later. The indictment, which accuses Trump and 18 others of participating in a scheme to illegally overturn the 2020 presidential election in Georgia, was issued in August by a Fulton County grand jury.
نشرت : منذ شهرين بواسطة Associated Press في Politics
The former president’s attorneys argued that all the charges against him involved political speech that is protected even if the speech ends up being false.
Judge Scott McAfee addresses the lawyers during a hearing on charges against former President Donald Trump in the Georgia election interference case on Thursday, March 28, 2024 in Atlanta. Lawyers for Trump argued in a court filing that the charges against him in the Georgia election interference case seek to criminalize political speech and advocacy conduct that is protected by the First Amendment. (Dennis Byron/Hip Hop Enquirer via AP)
FILE - Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga. Lawyers for former President Donald Trump argued in a court filing that the charges against him in the Georgia election interference case seek to criminalize political speech and advocacy conduct that is protected by the First Amendment. Fulton County Superior Court Judge Scott McAfee plans to hear arguments on that filing and on two pretrial motions filed by former Georgia Republican Party chair David Shafer during a hearing set for Thursday. (AP Photo/Mike Stewart, File)
ATLANTA — The judge overseeing the Georgia election interference case against Donald Trump and others rejected on Thursday arguments by the former president that the indictment seeks to criminalize political speech protected by the First Amendment.
The indictment issued in August by a Fulton County grand jury accused Trump and 18 others of participating in a wide-ranging scheme to illegally try to overturn the 2020 presidential election in Georgia after the Republican incumbent narrowly lost the state to Democrat Joe Biden. Trump’s attorneys argued that all the charges against him involved political speech that is protected even if the speech ends up being false.
But Fulton County Superior Court Judge Scott McAfee wrote that at this pretrial stage he must consider the language of the indictment in a light favorable to the prosecution. The charges do not suggest that Trump and the others are being prosecuted simply for making false statements but rather that they acted willfully and knowingly to harm the government, he wrote.
“Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity,” the judge wrote.
He added that even lawful acts involving speech protected by the First Amendment can be used to support a charge under Georgia’s anti-racketeering law, which prosecutors used in this case.
But McAfee did leave open the possibility that Trump and others could raise similar arguments “at the appropriate time after the establishment of a factual record.”
Steve Sadow, Trump’s lead attorney in Georgia, said in an email that Trump and the other defendants “respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges.” He called it significant that McAfee made it clear they could raise their challenges again later.
McAfee’s order echoes an earlier ruling in the federal election interference case against Trump brought by Department of Justice special counsel Jack Smith. U.S. District Judge Tanya Chutkan wrote in December that “it is well established that the First Amendment does not protect speech that is used as an instrument of a crime.”
No trial date has been set for the sprawling Georgia case, one of four criminal cases pending against Trump as he seeks to return to the White House, though Willis has asked for the trial to begin in August. Four people have pleaded guilty after reaching deals with prosecutors. Trump and the others who remain have pleaded not guilty.