US
Trump, Codefendants Seek Review Of Judge’s Decision Not To Dismiss Georgia Case Based On First Amendment
DAILY CALLER NEWS FOUNDATION
Katelynn Richardson
Contributor
April 08, 2024 5:31 PM ET
Trump and his co-defendants are seeking to review a judge’s decision not to dismiss their Georgia racketeering case based on the First Amendment.
Judge Scott McAfee denied last week Trump’s bid to dismiss the case based on the argument that the indictment “directly targets core protected political speech and activity” in violation of the First Amendment, finding that the state “alleged more than mere expressions of a political nature.” Defendants asked McAfee to grant a certificate of immediate review allowing them to appeal his ruling because their challenges would “bar virtually every count of the Indictment against virtually every Defendant” if successful.
“Immediate appellate review is warranted because the challenges relate to Defendants’ core political, free speech rights in the context of then-ongoing aftermath of the 2020 Presidential election,” the filing states. “While Defendants cited a plethora of U.S. Supreme Court and U.S. Circuit Court cases supporting their position, no Georgia appellate courts have addressed whether the challenged Georgia statutes can survive the criminalization of Defendants’ core political speech.” (RELATED: Fani Willis Urges Appeals Court Not To Reconsider Ruling Letting Her Stay On Trump Case)
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READ MORE: https://dailycaller.com/2024/04/08/trump-codefendants-seek-review-of-judges-decision-not-to-dismiss-georgia-case-based-on-first-amendment/
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