A Fulton County judge on Thursday refused to drop election interference charges against Donald Trump and his co-defendants saying the criminal counts did not violate their constitutional right to free speech.
The former president had argued the charges against him should be dismissed because prosectors were attempting to punish him for political speech, which is shielded under the First Amendment.
But Superior Court Judge Scott McAfee said there were limits to protected speech.
“Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity,” McAfee wrote in a 14-page order.
In a statement, Trump attorney Steve Sadow said he was evaluating his options in light of the ruling but pointed out that McAfee specifically left open the possibility that the defense could again raise a First Amendment challenge “after the establishment of a factual record” in the case.
The DA’s office declined to comment.
Trump and his 14 remaining co-defendants have been charged with racketeering and other offenses for their efforts to overturn Democrat Joe Biden’s narrow win in Georgia’s 2020 election. No trial date has been set.
The First Amendment challenge was one of a number filed by Trump and other defendants seeking to get some of the 41 criminal counts in the election interference case dismissed before trial. In March, McAfee dismissed six criminal counts related to attempts by Trump and five others to solicit officials to violate their oaths of office. He said they lacked sufficient detail.
His decision left the bulk of the criminal case intact and prosecutors may choose to re-indict on those charges or ask for permission to appeal.
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