Trump fails with motion to dismiss election fraud case in Georgia

Washington, Apr. 5, (dpa/GNA) – The judge in charge of the election fraud case against Donald Trump in the US state of Georgia has rejected a request by the former president to dismiss the case on constitutional grounds.

Trump’s lawyers had argued that the First Amendment of the US Constitution applies in the case – this protects freedom of speech in the US. However, Judge Scott McAfee rejected this argument on Thursday, the US media reported, citing court documents.

“Even core political speech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further criminal activity,” McAfee explained his decision.

Only a jury could decide whether there was criminal intent behind the statements made by Trump and his co-defendants, he said.

Trump and several others are on trial in Georgia for their attempts to reverse the outcome of the 2020 presidential election in the state.

The Republican had lost to Democrat Joe Biden at the time and attempted to change the election result retrospectively by putting pressure on political leaders in the federal government and in states such as Georgia.

Following the indictment, some of Trump’s former associates entered into an agreement with the public prosecutor’s office and pleaded guilty. The 77-year-old wants to move back into the White House after the presidential election in November.