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Trump loses bid to dismiss Georgia election case on free speech grounds

  • A judge denied an effort by Donald Trump to dismiss his criminal election interference case in Georgia on grounds that the indictment violates his free speech rights.
  • Trump and 14 of his co-defendants in the case argued that the indictment from Fulton County District Attorney Fani Willis encroached on their right to challenge Trump's 2020 election loss to President Joe Biden.
  • "Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity," Judge Scott McAfee wrote in rejecting the dismissal bid.

A judge on Thursday denied an effort by Donald Trump to dismiss his criminal election interference case in Georgia on grounds that the indictment violates his free speech rights.

Former President Trump and 14 of his co-defendants in the case argued that the indictment from Fulton County District Attorney Fani Willis encroached on their First Amendment right to challenge Trump's 2020 election loss to President Joe Biden in the state.

But their speech is alleged to have been made "in furtherance of criminal activity," Judge Scott McAfee wrote in his 14-page ruling in Fulton County Superior Court.

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

The judge noted that he was interpreting the indictment "liberally in favor of the State" as is required during the pretrial period.

The defendants argued that their speech about Georgia's 2020 election results was political, and that they cannot be prosecuted for making even false political statements.

But the charges do not hinge solely on whether their election claims were true or false,

Read more on cnbc.com