A Fulton County Superior Court judge on Thursday rejected a request by former U.S. President Donald Trump and most of his co-defendants to have their charges for interfering in Georgia’s 2020 election dismissed on First Amendment grounds.
As Judge Scott McAfee explained, Trump and 14 other defendants in the Racketeer Influenced and Corrupt Organizations (RICO) Act case “argue this prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct, and further contend that the indicted charges are overbroad.”
“After interpreting the indictment’s language liberally in favor of the state as required at this pretrial stage,” McAfee wrote in his 14-page order, “the court finds that the defendants’ expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within a government agency’s jurisdiction which threaten to deceive and........