Trump's First Amendment Challenge In GA RICO Case Denied, Judge Says

ATLANTA, GA — A challenge made by former President Donald Trump and several co-defendants to dismiss charges in a Fulton County election subversion case on First Amendment grounds has been denied, court documents show.

Trump was indicted alongside 18 others in August 2023 after they were accused of unlawfully attempting to overturn the 2020 presidential election results in Georgia.

Fulton County Judge Scott McAfee said in the 14-page ruling the motion was denied after he found "vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment," per documents.

McAfee said the defendants argued prosecution against them violates political speech and activity, freedom of association and the right to petition Congress protected under the First Amendment. They maintained the charges in the indictment were "over-broad," McAfee said.

The challenge was brought forth by Trump, former New York mayor Rudy Giuliani, Attorney John Eastman, former White House Chief of Staff Mark Meadows, former U.S. Assistant Attorney General Jeffrey Clark, Georgia Sen. Shawn Still, former chairwoman of the Coffee County Republican Party Cathy Latham, former Georgia GOP Chair David Shafer, former Coffee County elections supervisor Misty Hampton, publicist Trevian Kutti, Rev. Stephen Lee, Trump supporter Harrison Floyd III, former Trump campaign official Michael Roman and attorneys Ray Smith and Robert Cheeley.

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Trump was charged in the initial indictment on suspicion of violation of the Racketeer Influenced and Corrupt Organizations Act, three counts of solicitation of violation of oath by public officer, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and false statements and writings.

He surrendered to the Fulton County Jail on Aug. 24 and was released on a $200,000 bond, using Lawrenceville's Foster Bail Bonds.

Trump has maintained his innocence throughout his indictment, contending the Georgia case against him has "no basis" and calling the case a "witch hunt."

He has pleaded not guilty and waived a formal arraignment in the case.