Atlanta, Georgia – A judge in Atlanta has upheld the criminal indictment against former President Donald Trump in Georgia, dismissing the argument that Trump’s efforts to overturn the 2020 election were protected by the First Amendment. Fulton County Superior Court Judge Scott McAfee ruled that the speech and conduct alleged in the indictment were not protected political speech under the First Amendment.

The ruling marks a significant development in the state racketeering case against Trump and his co-defendants. Although Fulton County District Attorney Fani Willis has expressed readiness for trial as early as August, a trial date has not been set yet. McAfee’s decision to reject the indictment is a blow to the free speech defense that has been used in election meddling cases.

According to McAfee’s order, the Defendants’ expressions and speech were made in furtherance of criminal activity and constituted false statements made knowingly and willfully to deceive and harm the government. McAfee had previously rejected similar First Amendment challenges from other defendants in the Georgia case.

The Fulton County district attorney’s office declined to comment on McAfee’s ruling, while Trump’s Georgia lawyer, Steve Sadow, stated that Trump and the other defendants respectfully disagree with the ruling. Sadow mentioned that the defendants might raise their challenges at the appropriate time after a factual record is established.

During a hearing on the First Amendment issue, Sadow argued that Trump’s attempts to challenge the Georgia election results were considered core political speech protected by the First Amendment. However, Donald Wakeford, a Fulton County prosecutor, argued that Trump’s election lies were used as part of criminal activity with criminal intentions, stating that the First Amendment arguments should be heard by a jury rather than decided in pre-trial motions.