Georgia judge nixes Trump dismissal demand: 'Criminal activity' not covered by free speech
Donald Trump attempted to dismiss his case in Fulton County, Georgia, on First Amendment grounds — but Judge Scott McAfee on Thursday denied the motion.
In a 14-page ruling, McAfee explained that the First Amendment is not the get-out-of-jail-free card that Trump seems to think it is.
"Although the First Amendment is 'a broad umbrella that shelters all political points of view and shields a wide range of avenues for expression,' free speech — including political speech — is not without restriction," the judge wrote.
McAfee explained in simple terms that the First Amendment does not covers "categories [that] include speech integral to criminal conduct, fraud, or speech presenting an imminent threat that the government can prevent."
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At the same time, he said, the "protection afforded by the Petition Clause of the First Amendment, ensuring the ability to “communicate [one’s] will” to government officials, and regarded as 'implicit in ‘the very idea of government, republican in form,’' does not extend to allegedly fraudulent petitions."
He then walked through the charges of the case and explained how each is an exception to Trump's claims.
The judge further noted that even if he were to interpret Trump's language in the most liberal way, "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."
Former federal prosecutor Joyce Vance said that the move isn't a surprising one.
"Speech isn't protected when it's in furtherance of a crime, like saying 'stick 'em up' during a bank robbery," she remarked.
The next question if this means that McAfee can now move forward with setting a trial date because all pre-trial motions have been heard.
Meanwhile, it appears Trump has run out of delays in his New York case, another prosecutor said.