Topline
A Georgia judge denied former President Donald Trump and his co-defendants’ request to dismiss their election racketeering case—in which the former president and his co-defendants are accused of attempting to overturn the results of the 2020 presidential election—and claimed it did not violate the First Amendment as the defendants asserted it did.
FILE- Fulton County Superior Judge Scott McAfee denied Trump's First Amendment request to dismiss.
Key Facts
Trump and his co-defendants argued the state of Georgia’s prosecution violated their First Amendment protections, but Judge Scott McAfee ruled against that argument Thursday, saying “these vital constitutional protections do not reach the actions and statements alleged by the State.”
Trump’s lead defense counsel in the case, Steve Sadow, told Forbes that Trump and his co-defendants “respectfully disagree” with McAfee’s ruling and said they will “continue to evaluate their options regarding First Amendment challenges.”
What We Don’t Know
It’s still unclear exactly when the case will go to trial. Fulton County District Attorney Fani Willis has suggested an August start date but McAfee has not made a final decision.
Surprising Fact
This is not the first time a First Amendment challenge from the former president was rejected. In a civil case against the former president—that seeks to hold him liable for the January 6 attack on the capitol—a federaljudge rejectedhis claim that his words were protected under the First Amendment, saying “it’s plausible” it was unlawful “words of incitement.”
Key Background
In August, Trump and his 18 co-defendants were indicted on racketeering and conspiracy charges related to an alleged plot to overturn the results of the 2020 election. Four of those co-defendants have since takenplea deals.Trump was individually charged with 13 felony counts including violating the state’s Racketeer Influenced and Corrupt Organizations (RICO) law and charges of conspiracy to commit impersonating a public officer. Last month, McAfeethrew outsix of the charges filed against Trump and his co-defendants. Three of the charges were specifically against Trump and the other three were against his co-defendants. In his explanation McAfee said the counts “fail to allege sufficient detail regarding the nature of their commission” and do not provide the defendants with “enough information to prepare their defense intelligently.”
Tangent
This case against Trump has been overshadowed in recent months because of the controversy surrounding Willis. Willis admitted she had a romantic relationship with the lead prosecutor on the case, Nathan Wade. Trump’s legal team moved to disqualify Willis from the case alleging there was a conflict of interest. McAfeeruledlast month Willis would not be disqualified from the case as long as one of them stepped down. Wade ultimatelyresigned.
