Judge holds hearing to decide whether to dismiss Georgia case against Trump on free speech grounds

Georgia Judge Scott McAfee held a hearing on Thursday to consider whether to drop an election subversion case against former President Donald Trump and co-defendant David Schafer on the grounds that their statements about the 2020 election constituted free speech and were protected by the First Amendment.

"Here, the indictment's recitation of supposedly 'false' statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment," Trump attorney Steven Sadow argued in a court filing.

Sadow argued that the remedy for false speech "is speech that is true … not a state (racketeering) prosecution against the former president of the United States."

"I don't think there's any question that statements, comment, speech, expressive conduct that deals with campaigning or elections has always been found to be at the zenith of protected speech," Sadow argued during the hearing.

"It's not just that he lied over and over and over again," prosecutor Donald Wakeford responded. "It is that each of those was employed as part of criminal activity with criminal intentions. "

McAfee did not make a ruling at the end of the hearing. Similar hearings held for two of Trump's co-defendants were not successful.