Former President Donald Trump and his co-defendants in the Georgia election interference case have requested Judge Scott McAfee to allow them to appeal the indictment against them on First Amendment grounds. They argue that the charges should be dismissed because their actions and statements about the 2020 presidential election are constitutionally protected. The defendants believe the indictment wrongfully criminalizes core political speech and expressive conduct protected by the First Amendment. They are seeking interlocutory appellate review of vital constitutional protections to prevent lengthy jury trials.
The defendants are urging for immediate appellate review on the grounds that their core political, free speech rights are at stake in the aftermath of the 2020 Presidential election. They have cited numerous U.S. Supreme Court and U.S. Circuit Court cases supporting their position, arguing that Georgia statutes challenged cannot survive the criminalization of their core political speech. If successful, their challenges would bar virtually every count of the indictment against virtually every defendant. They believe their arguments are well-founded and fall within almost absolute First Amendment protections.
Former Atlanta prosecutor John Malcolm supports Trump and his legal team’s argument that his speech about the 2020 election should be protected. He notes that Trump had the right to publicly speak about the election, claim fraud, challenge election results through lawful means, and express his views on the election through various channels. The defendants, including Trump, assert that their prosecution violates the First Amendment’s protections of political speech, freedom of association, and the right to petition Congress as-applied to their conduct, and that the charges are overbroad.
Judge McAfee has ruled that the defendants’ expressions and speech alleged to have been made in furtherance of criminal activity constitute false statements willfully made in matters within a government agency’s jurisdiction. Trump was indicted in August on charges that include the Georgia RICO Act, solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, conspiracy to commit forgery, filing false documents, and more. The defendants argue that the court’s order denying their pretrial First Amendment challenges is ripe for pretrial appellate review.
The defendants are seeking a certificate of immediate review of the court’s order denying their constitutional challenges to prevent their core political speech rights from being infringed upon. They believe that an interlocutory appeal is warranted to address outcome determinative issues before lengthy jury trials begin. If granted, the defendants will have an opportunity to appeal to the Georgia Court of Appeals or the Georgia Supreme Court. The case continues to draw attention as Trump and his co-defendants fight to have the charges against them dismissed on First Amendment grounds.
