ATLANTA, GA — A challenge made by former President Donald Trump and several co-defendants to dismiss charges in a Fulton County election subversion case on First Amendment grounds has been denied, court documents show.
Trump was indicted alongside 18 others in August 2023 after they were accused of unlawfully attempting to overturn the 2020 presidential election results in Georgia.
Fulton County Judge Scott McAfee said the motion was denied after he found “vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment,” per documents.
McAfee said the defendants argued prosecution against them violates political speech and activity, freedom of association and the right to petition Congress protected under the First Amendment. They maintained the charges in the indictment were “over-broad,” McAfee said.
The former president was charged in the initial indictment on suspicion of violation of the Racketeer Influenced and Corrupt Organizations Act, three counts of solicitation of violation of oath by public officer, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and false statements and writings.
He surrendered to the Fulton County Jail on Aug. 24 and was released on a $200,000 bond, using Lawrenceville’s Foster Bail Bonds.
Trump has maintained his innocence throughout his indictment, contending the Georgia case against him has “no basis” and calling the case a “witch hunt.”
He has pleaded not guilty and waived a formal arraignment in the case.
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