Judge rejects Donald Trump’s free speech challenge to Georgia 2020 election case

The case is one of four criminal prosecutions Trump faces as the November 5 election nears. His first trial, related to hush money payments to a porn star, is due to get under way in New York later this month.

“President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges,” Steve Sadow, Trump’s lead lawyer on the Georgia case, said in a statement.

A spokesperson for the Fulton County District Attorney’s Office, which is prosecuting the case, declined to comment.

The Georgia charges focus on attempts to assemble an alternate slate of presidential electors pledged to vote for Trump despite Biden’s win in the state, and Trump’s January 2021 phone call urging the state’s top election official to “find” enough votes to overturn his narrow defeat.

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McAfee’s ruling is a signal he will continue moving the case toward trial even as Trump and eight co-defendants continue their efforts to disqualify Fani Willis, the prosecutor overseeing the case. A Georgia appeal court is set to decide whether to take up that issue in the coming weeks.

McAfee said it will be up to a jury to determine if Trump and other defendants, which include his former personal lawyer Rudy Giuliani and former chief of staff Mark Meadows, acted with criminal intent.

He said the defendants may be able to revive their challenge as additional evidence is revealed.

Trump has other pending challenges to the case, including a claim that he is immune from charges tied to official actions he took as president.