A Georgia judge has denied a motion to dismiss the election-related case against former President Donald Trump and 14 others in Fulton County, ruling that the First Amendment does not protect the defendants from prosecution. The judge, Scott McAfee, rejected the argument that the charges violated the First Amendment's protections of political speech and the right to petition Congress. The defendants, including Trump, were indicted last year on state charges related to their efforts to overturn the 2020 election results in Georgia. Trump and most of the other defendants have pleaded not guilty, while several others have taken plea deals. McAfee dismissed three charges against Trump in a previous decision but ruled that the speech alleged in the indictment is integral to criminal conduct and not protected under the First Amendment.

The case in Fulton County has faced several challenges, including an effort to disqualify District Attorney Fani Willis due to allegations of a romantic relationship with a deputy involved in the case. McAfee ultimately allowed Willis to remain on the case after the deputy resigned. Trump and his co-defendants have now submitted a formal application to appeal McAfee's ruling on Willis's involvement in the case. They argue that her relationship with the deputy created a conflict of interest and that her disqualification is necessary to ensure a fair trial. The appeal application also accuses Willis of injecting race and religion into the case and giving untruthful testimony, leading to allegations of forensic misconduct.

The ongoing legal battle in Georgia is one of four criminal prosecutions faced by Trump, including charges in Manhattan for falsifying business records and federal charges in Washington, D.C., related to his conduct surrounding the 2020 election. Trump has pleaded not guilty to all charges and has claimed the prosecutions are politically motivated. The Fulton County case continues to unfold as McAfee plans to move forward with the trial, despite the appeals process. The Court of Appeals has 45 days to decide whether to hear the appeal regarding Willis's involvement in the case, adding another layer of complexity to the legal proceedings.