Fulton County Superior Court Judge Scott McAfee issued a ruling Thursday denying Donald Trump's motion to dismiss criminal charges against him related to alleged election interference, but denied it "without prejudice," meaning that the parties can renew that motion once a factual record has been established in the case.

Trump and several co-defendants filed the motion, arguing that "the prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress." Attorneys for the parties made oral arguments last week.

In his ruling, McAfee stated:

After considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment.

Later in the ruling, he wrote:

After interpreting the indictment’s language liberally liberally in favor of the State as required at this pretrial stage, the Court finds that the Defendants’ expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within a government agency’s jurisdiction which threaten to deceive and harm the government.

Steve Sadow, an attorney for Donald Trump, issued a statement saying:

President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges....It is significant that the court’s ruling was without prejudice, as it made clear that defendants were not foreclosed from again raising their ‘as-applied challenges at the appropriate time after the establishment of a factual record.

The full ruling can be read below.

20240404 McAfee Ruling on Trumps First Amendment Defense by Jennifer Van Laar on Scribd