Trump dismisses Georgia election defeat on free speech grounds

Former U.S. President Trump speaks to the media at Atlanta’s Hartsfield-Jackson International Airport after surrendering at the Fulton County Jail in Atlanta, Georgia, on August 24, 2023.

Joe Reddell | Getty Images

A judge on Thursday denied Donald Trump’s attempt to dismiss his criminal election interference case in Georgia, arguing that the indictment violated his free speech rights.

The former president and 14 co-defendants in the case argued that the indictment filed by Fulton County District Attorney Fani Willis violated their First Amendment rights, challenging Trump He lost the state election to President Joe Biden in 2020.

But their comments allegedly “promoted criminal activity,” Judge Scott McAfee wrote in a 14-page decision in Fulton County Superior Court.

“Even political speech that touches on issues of public concern is not inescapable of escaping prosecution if it is alleged to be used in further criminal activity,” McPhee wrote.

The judge noted that he interpreted the indictment “liberally in favor of the state” as requested during the preliminary hearing.

The defendants argue that their statements about Georgia’s 2020 election results were political and that they cannot be prosecuted for making false political statements.

But McPhee wrote that the accusations hinge on more than just whether their election claims are true or false.

“Instead, the indictment alleges throughout that the defendants’ actions were ‘willful’ and ‘intentional’ and that they affected matters of concern to the government,” the judge wrote.

“These are not conclusions of law but questions of fact,” McPhee wrote in the ruling. “Allegations that a defendant spoke or acted with criminal intent can only be resolved by a jury.”