Georgia election interference case: Judge denies motions from Trump, Shafer
FULTON COUNTY, Ga. - Fulton County Superior Court Judge Scott McAfee has denied former President Donald Trump's motion to dismiss the Georgia election interference case on First Amendment grounds.
A hearing was held last week in Fulton County. Steve Sadow, the lead attorney representing former President Donald Trump, argued that Trump's statements regarding the 2020 election are protected speech under the First Amendment. Sadow described Trump's remarks as "the zenith of protected speech" and emphasized that even false statements are safeguarded by the First Amendment.
NASHUA, NEW HAMPSHIRE - JANUARY 23: Republican presidential candidate and former U.S. President Donald Trump delivers remarks during his primary night rally at the Sheraton on January 23, 2024 in Nashua, New Hampshire. New Hampshire voters cast their
What they argued
Steve Sadow, the lead attorney representing former President Donald Trump, argued that Trump's statements regarding the 2020 election are protected speech under the First Amendment. Sadow described Trump's remarks as "the zenith of protected speech" and emphasized that even false statements are safeguarded by the First Amendment.
Prosecutors for the state argued that the First Amendment's protection is not limitless. They also argued that the former president's statement contributed to a wide-ranging conspiracy of making false statements to government officials, impersonating officials, and submitting false and forged official documents. Prosecutor Donald Wakeford said that Trump didn't just lie, but he lied with criminal intent.
According to the ruling, the Court found that the "vital constitutional protections do not reach the actions and statements alleged by the State."
"[F]ree speech — including political speech — is not without restriction," McAfee wrote. "These excluded categories include speech integral to criminal conduct, fraud, or speech presenting an imminent threat that the Government can prevent."
Sadow sent the following statement after McAfee's ruling:
"President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges. It is significant that the court’s ruling was without prejudice, as it made clear that defendants were not foreclosed from again raising their ‘as-applied challenges at the appropriate time after the establishment of a factual record,…’"
Trump's First Amendment argument was already rejected in federal court in connection to the federal case with similar charges.
OTHER RECENT STORIES
- A guide to Trump’s court cases
- Trump returning to Atlanta next week for fundraising event
- Donald Trump posts $175 million bond in NY civil fraud case, halting collection of massive judgment
- Trump appeals ruling permitting Fani Willis to continue in Georgia case
Shafer's motion also denied
Judge McAfee has also denied the motion on Thursday to strike filed by defendant David Shafer.
Shafer argued over the usage of "duly elected and qualified presidential electors," "false Electoral College votes," and "lawful electoral votes." He contended that these phrases reached conclusions that should be decided by the Court or by the jury during trial.
Additionally, Shafer claimed that he was following the advice of legal counsel and adhering to the requirements of the former federal Electoral College Act during the 2020 presidential election.
In his ruling, McAfee wrote, "An indictment is not subject to a demurrer or redaction simply because it contains unproven allegations or the State’s legal conclusions, even if 'repeated [and] disputed.' The very purpose of an indictment is to join issue on these issues."
The former president and 18 of his supporters were indicted in August 2023 for interfering with the presidential election in 2020 in Georgia. Since then, 4 of Trump's co-defendants have accepted plea deals. Fulton County District Attorney Fani Willis was initially pushing for a trial date for Trump and the remaining co-defendants in August, but the trial may be delayed because of the recent controversy surrounding the district attorney.
Legal expert weighs in on Trump ruling
Joshua Schiffer, a longtime criminal defense attorney with a lot of experience in Fulton County courts, said McAfee’s ruling wasn’t exactly unexpected, after a similar ruling in federal court.
"What judge McAfee ruled was that [Mr. Trump’s speech] is a question for the jury," Schiffer said. "The jury needs to decide whether those words and actions crossed the line into criminal because of the criminal intent described to the parties."
Schiffer anticipates more challenges coming from the former president and his 14 co-defendants.
"Steve Sadow is going to continue filing motions that he feels are appropriate, considering the gravity of this case and some of the novel unique issues that were being presented with," Schiffer said. "I think that the trial window for trying this case before the November general election continues to close and is closing faster than before."
FOX 5's Rob Dierenzo contributed to this article