Judge denies Donald Trump's motion to dismiss charges in Georgia election case

Fani Willis forgets this case is not about her: John Yoo

Former Deputy Assistant Attorney General John Yoo and former federal prosecutor Katie Cherkasky discuss Fulton County, Georgia DA Fani Willis’ race comments and the gag order on former President Trump in his hush money case.

A Georgia judge has denied former President Donald Trump's motion to dismiss his 2020 election interference indictment on the grounds of First Amendment protection. 

"After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment," Fulton County Superior Court Judge Scott McAfee ruled Thursday.

Georgia Superior Court Judge Scott McAfee and former President Donald Trump (Getty Images)

"They argue this prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct, and further contend that the indicted charges are overbroad," he said. 

Brianna Herlihy is a politics writer for Fox News Digital.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content.

Subscribed

You've successfully subscribed to this newsletter!