Donald Trump Fights Back Against Judge McAfee Ruling

The former President formally defends his alleged illegal action in the Georgia election conspiracy case.

Here are the details of the news.

Donald Trump Fights Back Against Judge McAfee Ruling

The United States‘ former president, Donald Trump, fights against recent setbacks in the Georgia 2020 election subversion case.

Trump and 18 others were indicted in August 2023 by a grand jury in Fulton County. The indictment was brought as a result of an investigation by District Attorney Fani Willis for conspiring to change the 2020 election result in Georgia.

Four of Trump’s co-defendants have pleaded guilty in the case.

The lawyers for Trump and 14 co-defendants appealed to dismiss the case based on First Amendment rights, arguing that the charges were based on statements that were “core value political discourse” and constitutionally protected speech.

The defendants claimed that the charges in the case violated their free speech rights under the First Amendment Act.

However, Fulton County Superior Court Judge Scott McAfee rejected Trump’s appeal in a 14-page ruling on Thursday, noting that the First Amendment does not apply since the speech in question is “alleged to have been made in furtherance of criminal activity.”

The judge wrote, “Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity.”

Judge McAfee’s ruling resonates with an earlier ruling of United States District Judge Tanya Chutkan in Trump’s federal election conspiracy case, where Trump’s attorney’s motion to dismiss the case alleging violation of Trump’s free speech right under the First Amendment was rejected.

Trump appealed against Judge McAfee’s recent ruling in a court filing on Monday, arguing that an appellate review of McAfee’s ruling “is prudent.”

The filing says the defendants “believe their arguments are well-founded and fall squarely within the almost absolute First Amendment protections in the context of their core political speech regarding the 2020 Presidential election contest.”

On Monday, Trump’s lead attorney in the Georgia election subversion case, Steve Sadow, said on X (Twitter), “President Trump and the other unjustly accused defendants have jointly filed a motion requesting the Court to grant a certificate of immediate review of its Order denying their pretrial First Amendment challenges.”

Sadow added, “The motion powerfully expresses that the indictment wrongfully criminalizes core political speech and expressive conduct protected by the First Amendment. There is no democracy without robust and uninhibited freedom of expression. For these reasons, among others, the Court’s Order is ripe for pretrial appellate review.”

Trump was indicted on 13 charges in the Georgia case for his alleged attempt to overturn his defeat in the 2020 election.

The charges include violating Georgia’s racketeering act, solicitation of violation of oath by a public officer, conspiracy to impersonate a public officer, false statements and writings, and filing false documents.

Trump has pleaded not guilty to all charges and continues his battle against legal troubles amid his run for the White House as the leading Republican 2024 Presidential candidate.