An Atlanta-area judge on Thursday rejected former President Donald Trump’s attempt to dismiss his Georgia racketeering indictment on First Amendment grounds.
Judge Scott McAfee denied the motion in a 14-page order, saying constitutional protections do not insulate Mr. Trump and co-defendants from Fulton County charges that hinge on attempts to reverse Mr. Trump’s loss to President Biden in 2020.
“The indictment charges the Defendants with knowingly and willfully making false statements to public officers and knowingly and willfully filing documents containing false statements and misrepresentations within the jurisdiction of state departments and agencies,” Judge McAfee wrote. “The defense has not presented, nor is the Court able to find, any authority that the speech and conduct alleged is protected political speech.”
Fulton County District Attorney Fani Willis began investigating Mr. Trump three years ago, based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn what the former president called a rigged 2020 electoral victory for Mr. Biden in the state. A grand jury last year indicted Mr. Trump and his associates.
Mr. Trump faces 10 counts in the case, including a violation of Georgia racketeering laws and several related to alleged conspiracies to commit forgery, make false statements and writings or make false filings.
Eighteen co-defendants face an assortment of charges that at times overlap with those against Mr. Trump.
Mr. Trump’s lawyer, Steve Sadow, argued last month the ex-president’s actions were protected political speech and that prosecutors were only pursuing charges because they thought Mr. Trump’s assertions were false.
Donald Wakeford, a chief senior district attorney, said Mr. Trump was free to make statements and launch legitimate protests but could not wield speech as part of a conspiracy that violated Georgia laws.
Judge McAfee said the issue goes beyond whether Mr. Trump’s statements were accurate or not.
“The indictment avers throughout that the Defendants acted ’willfully’ and ’knowingly,’ and that they impacted matters of governmental concern. These are not legal conclusions, but issues of fact,” he wrote. “The allegations that the Defendants’ speech or conduct was carried out with criminal intent are something only a jury can resolve.”
Mr. Sadow said Thursday that he would explore ways to raise the issue again.
“President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges,” he said.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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