Trump's motion to dismiss Georgia election case denied

Trump had argued that the case should be dismissed under the First Amendment.

Published: April 4, 2024 12:42pm

Updated: April 4, 2024 1:00pm

Fulton County Superior Judge Scott McAfee on Thursday denied former President Donald Trump's motion to dismiss the indictment against him and 14 co-defendants involving alleged efforts to overturn the 2020 election in Georgia.

Trump had argued that the case should be dismissed under the First Amendment, but the judge denied the motion in a 14-page order.

McAfee said that the statements in the indictment against Trump and 14 others were made "in furtherance of criminal activity," which means the actions are not protected by the First Amendment.

"Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity," the judge wrote. 

The indictment originally was against 19 co-conspirators, but four people – former Republican poll watcher Scott Hall and former Trump attorneys Sidney PowellKenneth Chesebro and Jenna Ellis – all reached plea deals with prosecutors last fall.

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