In a significant legal development, the Fulton County Superior Court has denied former President Donald Trump’s motion to have criminal charges dropped in a case related to the 2020 Georgia election. Judge Scott McAfee ruled on Thursday that the allegations against Trump and 14 others, concerning actions to alter the election outcome in Georgia, fall outside the protections of free speech guaranteed by the First Amendment.
The case accuses Trump and the co-defendants of engaging in a scheme aimed at overturning the election results in Georgia, where President Joe Biden was declared the winner. The charges include racketeering among other offenses, with all defendants maintaining their innocence.
This Georgia case is one of four criminal proceedings Trump is currently facing, with another trial in New York about to start, focusing on payments made to an adult film actress.
Central to the Georgia case are efforts to appoint an alternative slate of electors loyal to Trump and a phone call made by Trump in January 2021, in which he suggested to Georgia’s top election official to “find” the votes needed to secure his victory in the state.
Judge McAfee’s ruling means the case will move towards trial. Meanwhile, Trump and eight other defendants are seeking to disqualify Fani Willis, the District Attorney leading the prosecution, a move that is under consideration by an appellate court.
The judge underscored that it would ultimately be up to a jury to determine the intent behind the actions of Trump, his former personal attorney Rudy Giuliani, former chief of staff Mark Meadows, and the other defendants.
The decision also leaves open the possibility for the defense to challenge the charges again, depending on the emergence of new evidence throughout the proceedings.
In addition to contesting the charges based on the First Amendment, Trump’s defense team argues that he is immune from prosecution for acts carried out in his capacity as President, a point that continues to be part of their legal strategy.
