A Georgia judge has set a Thursday hearing to consider dismissing a conspiracy case against Donald Trump on First Amendment grounds.
On Monday, Fulton County Superior Court Judge Scott McAfee ordered the hearing for March 28. McAfee is expected to consider motions from Donald Trump and other defendants in an election interference case.
Trump's motion asked the court to dismiss the case based on his First Amendment right to free speech.
McAfee has dismissed two similar motions by co-defendants Kenneth Chesebro and Sidney Powell. Both co-defendants later pleaded guilty.
According to the Atlanta Journal-Constitution, Trump would have to admit that his claims about the 2020 election being rigged were false to pursue a First Amendment defense.
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"Here, the indictment's recitation of supposedly 'false' statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment," Trump attorney Steven Sadow argued in a court filing.
Sadow asserted that the remedy for false speech "is speech that is true … not a state (racketeering) prosecution against the former president of the United States."
The Fulton County case focuses on efforts to overturn the election results in which Trump was defeated by Democrat Joe Biden.
Specifically, officials in Georgia, including Fulton County District Attorney Fani Willis, have scrutinized a series of actions and communications by Trump and his allies aimed at influencing the state's election outcome. A pivotal moment in the investigation was a January 2021 phone call made by Trump to Georgia's Secretary of State, Brad Raffensperger. During this call, Trump suggested that Raffensperger "find" enough votes to reverse Biden's narrow victory in the state.