A Georgia judge will not throw out an election tampering case against former President Donald Trump and his co-defendants after the defendants argued that their prosecution violates their First Amendment’s protections of political speech and activity.
Trump is facing 10 criminal counts in Georgia, including an alleged violation of the Racketeer Influenced and Corrupt Organizations Act. The RICO Act charges stemmed from alleged attempts to interfere with the 2020 election illegally. Georgia was one of several states Trump lost that he and his allies contested.
The RICO Act is meant to punish those who conspire with others to commit a variety of racketeering offenses. "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," McAfee wrote.
Ultimately, McAfee allowed Willis to continue her prosecution against Trump and his associates, but Wade stepped down in the wake of the decision.