A judge has denied Donald Trump's motion to dismiss the Georgia election interference case, which had argued that the former president's activites were protected by the First Amendment.
Trump's bid to upend Georgia's presidential election was not free speech protected by the Constitution, but part of activities "allegedly made in furtherance of criminal activity," Fulton County Superior Court Judge Scott McAfee wrote in his 14-page order Thursday.
"The defense has not presented, nor is the Court able to find, any authority that the speech and conduct alleged is protected political speech," the judge noted.
He added that free speech — including political speech — "is not without restriction," and that "excluded categories include speech integral to criminal conduct, fraud, or speech presenting an imminent threat that the Government can prevent."
"The Court finds that the Defendants' expressions and speech are alleged to have been made in furtherance of criminal activity, and constitute false statements knowingly and willfully made in matters within a government agency's jurisdiction which threaten to deceive and harm the government," McAfee wrote.
The ruling comes a day after Trump also lost a motion to scuttle his campaign hush-money case that had argued he was protected by presidential immunity. That trial is scheduled to begin April 15. There is no date set yet for the Georgia case.
Trump's Georgia lawyer Steve Sadow said in a statement that Trump and other defendants "respectfully disagree" with the ruling and will explore other options.
