Former president Donald Trump and his co-defendants in the Georgia election interference case have asked a judge to let them appeal the indictment against them on First Amendment grounds.
On Monday, Trump filed a joint motion with 14 co-defendants asking Fulton County Superior Court Judge Scott McAfee to allow them to appeal his April 4 order in which he said the charges should not be tossed because the defendants’ 'actions and statements' about the 2020 presidential election were not constitutionally protected.
John Malcolm, a former Atlanta prosecutor, told Fox News Digital he agrees with Trump and his team of lawyers that his speech about the 2020 election should be protected speech. He noted that special prosecutor Jack Smith at one point noted that former President Trump 'had a right, like every American' to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won.
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