Fulton County District Attorney Fani Willis has won her ongoing legal battle against former President Donald Trump, as Judge Scott McAfee denied Trump’s attempts to have election interference charges against him in Georgia dropped. The judge ruled that the defendants’ motions based on First Amendment grounds were denied, and they sought to dismiss the indictment on as-applied and facial First Amendment grounds. They argue that the prosecution violates the First Amendment’s protections of political speech and activity, freedom of association, and the right to petition Congress as-applied to their alleged conduct.
Following the 2020 presidential election, Willis’s office previously indicted Trump on charges relating to alleged election interference in Georgia. Trump and 18 co-defendants were also accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Trump has continued to deny any wrongdoing in the case, and one of his co-defendants, Michael Roman, previously attempted to have Willis disqualified.
Trump’s legal team argued for the charges against him to be dismissed in Fulton County, arguing that there is nothing alleged factually against him that is not political speech. In an effort to disqualify Willis, Judge McAfee issued a decision last month based on a relationship she had with Nathan Wade, a special prosecutor her office hired. The judge ruled that the case against the former president could continue if Willis removed either Wade or her entire office from it.
Following the order on Thursday, Willis’s case against Trump for alleged election interference will continue. In an interview with CNN last month, Willis discussed efforts to derail the case against Trump and said, “I don’t feel like we have been slowed down at all.”