Judge denies Trump’s bid to dismiss Georgia RICO case on free speech grounds
By
Ashley Oliver
April 4, 2024 1:44 pm
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A judge on Thursday denied Donald Trump’s request to dismiss his election interference case in Georgia on the grounds that it violated the former president’s First Amendment rights.
Judge Scott McAfee issued an order saying that while Trump’s free speech rights permitted him to raise challenges about the 2020 election, the allegations in the indictment reflected speech that was not protected by the Constitution because it was allegedly “made in furtherance” of crimes.
“After interpreting the indictment’s language liberally in favor of the State as required at this pretrial stage, the Court finds that the Defendants’ expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within a government agency’s jurisdiction which threaten to deceive and harm the government,” McAfee wrote.
A grand jury indicted Trump and 18 others last year on racketeering charges, with Fulton County District Attorney Fani Willis alleging that the defendants illegally conspired to overturn the 2020 election in Georgia.
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https://www.washingtonexaminer.com/news/justice/2953448/judge-denies-trumps-bid-to-dismiss-georgia-rico-case-on-free-speech-grounds/
