bladefd
04-04-2024, 08:09 PM
This pertains to not just ordering the Georgia secretary to find the exact number of votes necessary for him to win the state but also the fact that Trump later had fake electors ready (https://apnews.com/article/trump-georgia-electors-205d1fc6a02e1225c8c51214980a1232) to go in a conspiracy to win the state. They were not even electors - they were Trump's people using forged documents and impersonating officials. Trump tried to argue that he was protected by the First Amendment in his actions.
Not so fast, sparky.
Trump and others had argued, in part, that the Fulton County indictment violated their First Amendment right to challenge the 2020 presidential election results.
In his order denying the motion, Judge Scott McAfee wrote that "Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity."
The judge, in his ruling, said that the indictment alleges more than just political statements.
"The State has alleged more than mere expressions of a political nature," the judge wrote. "Rather, the indictment charges the Defendants with knowingly and willfully making false statements to public officers and knowingly and willfully filing documents containing false statements and misrepresentations within the jurisdiction of state departments and agencies."
McAfee also wrote that he was unable to find "any authority that the speech and conduct alleged is protected political speech."
The protection afforded specifically by the Petition Clause of the First Amendment -- which allows the ability to communicate with government officials -- "does not extend to allegedly fraudulent petitions," McAfee wrote.https://abcnews.go.com/US/judge-denies-trumps-motion-georgia-election-case-dismissed/story?id=108855651
Not so fast, sparky.
Trump and others had argued, in part, that the Fulton County indictment violated their First Amendment right to challenge the 2020 presidential election results.
In his order denying the motion, Judge Scott McAfee wrote that "Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity."
The judge, in his ruling, said that the indictment alleges more than just political statements.
"The State has alleged more than mere expressions of a political nature," the judge wrote. "Rather, the indictment charges the Defendants with knowingly and willfully making false statements to public officers and knowingly and willfully filing documents containing false statements and misrepresentations within the jurisdiction of state departments and agencies."
McAfee also wrote that he was unable to find "any authority that the speech and conduct alleged is protected political speech."
The protection afforded specifically by the Petition Clause of the First Amendment -- which allows the ability to communicate with government officials -- "does not extend to allegedly fraudulent petitions," McAfee wrote.https://abcnews.go.com/US/judge-denies-trumps-motion-georgia-election-case-dismissed/story?id=108855651