ATLANTA — Former President Donald Trump and the other co-defendants in the Georgia Election Interference case are trying to appeal Fulton County Superior Court Judge Scott McAfee’s ruling that the case should be dismissed over First Amendment issues with the case.
Last week, McAfee dismissed the motion saying the charges in this case do not suggest that Trump and the others are being prosecuted simply for making false statements but rather that they acted willfully and knowingly to harm the government, he wrote.
“Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity,” McAfee wrote.
McAfee did leave open the possibility that Trump and others could raise similar arguments “at the appropriate time after the establishment of a factual record.”
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“Based on the more than 45+ (mostly U.S. Supreme Court) cases and historical precedent cited to the Court, 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 2020 Presidential election contest. There are no cases, cited by this Court or the State, 6 in which a statute criminalizing core political speech survives First Amendment strict scrutiny,” attorneys wrote in Monday’s filing. “The Court has already recognized the clear importance of the “vital constitutional protections” at play in the April 4 Order. Defendants’ First Amendment challenges are of paramount concern both for the efficient resolution of this matter and for the protection of Defendants’ core First Amendment rights. This is especially true given that very little Georgia appellate guidance is currently available regarding the particular challenges to the statutes at issue in the context of core political speech amidst the backdrop of an electoral contest.”
Trump’s attorney, Steve Sadow, sent a statement, saying:
“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. 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.”
McAfee will still have to rule if this appeal can be granted. So far, there is no word on if that will happen.
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