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Trump makes another appeal to Georgia court to dismiss charges on First Amendment grounds

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Trump makes another appeal to Georgia court to dismiss charges on First Amendment grounds

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. 

In the Monday filing, Trump and the defendants argue that while the court held the indictment is not subject to dismissal, interlocutory appellate review of the defendants’ “vital constitutional protections,” is “both prudent and warranted.”

“President Trump and the other unjustly accused defendants have jointly filed a motion requesting the Court to grant a certificate of immediate review of its Order denying their pretrial First Amendment challenges,” Steve Sadow, attorney for Trump said in a statement. 

JUDGE DENIES DONALD TRUMP’S MOTION TO DISMISS CHARGES IN GEORGIA ELECTION CASE

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Republican presidential candidate and former President Donald Trump gestures to supporters during an election night watch party at the State Fairgrounds on February 24, 2024 in Columbia, South Carolina. (Win McNamee/Getty Images)

“The motion powerfully expresses that the Indictment wrongfully criminalizes core political speech and expressive conduct protected by the First Amendment. There is no democracy without robust and uninhibited freedom of expression. For these reasons among others, the Court’s Order is ripe for pretrial appellate review,” he said. 

McAfee has 10 days from his April 4 order to decide whether or not to let the parties appeal. If he does, they will have 10 days from that order to appeal to the Georgia Court of Appeals or the Georgia Supreme Court. 

An interlocutory appeal is an appeal of a non-final order issued during the course of litigation. 

“Interlocutory appellate review is prudent because Defendants’ challenges, if successful, would bar virtually every count of the Indictment against virtually every Defendant. Resolution of these outcome determinative issues before multiple, lengthy jury trials makes sense,” the filing states. 

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“Immediate appellate review is warranted because the challenges relate to Defendants’ core political, free speech rights in the context of then-ongoing aftermath of the 2020 Presidential election,” it says. 

“While Defendants cited a plethora of U.S. Supreme Court and U.S. Circuit Court cases supporting their position, no Georgia appellate courts have addressed whether the challenged Georgia statutes can survive the criminalization of Defendants’ core political speech.”

GEORGIA JUDGE ALLOWS TRUMP, CO-DEFENDANTS TO APPEAL FANI WILLIS DISQUALIFICATION DECISION

Judge Scott McAfee at the Fulton County Courthouse in Atlanta on Feb. 15.  (Alyssa Pointer, Getty Images)

“Based on the more than 45+ (mostly U.S. Supreme Court) cases and historical precedent cited to the Court, Defendants believe their arguments are well-founded and fall squarely within the almost absolute First Amendment protections in the context of their core political speech regarding 2020 Presidential election contest,” it says.

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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. He was also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures.” 

“Following the 2020 election, Donald Trump did exactly that,” Malcolm said.  “He and his legal team filed a series of lawsuits challenging the election. Trump also used the bully pulpit and social media to express his views about the election, and he spoke to legislators and other government officials in states in which he was contesting the election.” 

FANI WILLIS SAYS SHE’S THE ONLY DA IN US WITH ENOUGH ‘COURAGE’ TO PROSECUTE TRUMP

Former U.S. President Donald Trump speaks to a crowd during a campaign rally on September 25, 2023 in Summerville, South Carolina. (Sean Rayford/Getty Images)

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“Donald Trump, like everyone else, had a First Amendment right to express his views on these matters and to petition government officials for a redress of grievances.  After all, protecting one’s right to engage in political speech is at the core of the First Amendment,” he said. 

Judge McAfee last week ruled that “after considering the extensive briefing, the argument of counsel, and the indictment, the Court finds these vital constitutional protections do not reach the actions and statements alleged by the State. Nor do the statutes themselves facially violate the First Amendment.”

“They argue this 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, and further contend that the indicted charges are overbroad,” he said. 

McAfee said that after interpreting the indictment’s language “liberally in favor of the State as required at this pretrial stage, 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.” 

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Trump was indicted in August on charges that include the Georgia RICO Act, the Racketeer Influenced And Corrupt Organizations Act, solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, conspiracy to commit forgery in the first degree, conspiracy to commit false statements and writings, conspiracy to commit filing false documents, conspiracy to commit forgery in the first degree and filing false documents. 

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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A Virginia murder suspect accused of fatally stabbing a woman at a bus stop earlier this week has a lengthy criminal history filled with multiple arrests, but was let back onto the streets nearly every time. 

Abdul Jalloh, 32, is charged with the Monday night killing of Stephanie Minter, 41, of Fredericksburg, at a bus stop shelter, the Fairfax County Police Department said. 

Minter was found by officers with stab wounds to her upper body and pronounced dead at the scene, police said. 

Abdul Jalloh, 32, is accused of killing Stephanie Minter, 41, at a Virginia bus stop.  (Fairfax County Police Department; provided)

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Jalloh, 32, who was seen on surveillance cameras exiting the bus with Minter at Richmond Highway and Arlington Drive, was arrested the next day. 

He was arrested at a liquor store after an employee called 911. At the time, officers arrested him for allegedly shoplifting. Investigators linked him to the murder a day later. 

Authorities were still trying to determine a motive for the killing and what led to the deadly stabbing. 

A search of online court records revealed Jalloh has more than a dozen arrests in northern Virginia, including on charges of petty larceny and malicious wounding. 

In most of the cases, prosecutors dropped the charges, FOX D.C. reported. 

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REPEAT OFFENDER ON PAROLE FOR MURDER TIED TO BRUTAL JAIL ASSAULT, ESCAPE HOURS AFTER ROBBERY

Abdul Jalloh seen on a bus in Virginia.  (Fairfax County Police Department)

Laura Birnbaum, the chief of staff for Fairfax County Commonwealth’s Attorney Steve Descano, said Jalloh was known to the district attorney’s office and was “acutely aware of the risk he posed to the community.”

“That is why we convicted the defendant of a 2023 malicious wounding charge, and have since made every effort to hold him accountable each subsequent time that he has come in contact with the criminal justice system, including asking him to be held in custody whenever possible,” Birnbaum said. 

“Unfortunately, the defendant in this case also had a history of selecting victims with no fixed address – some of the most vulnerable members of our community,” she added. “In multiple cases, we were unable to move forward with prosecution because victims could not be located or contacted.”

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Stephanie Minter, 41, was killed on Monday after getting off of a bus in Virginia.  (Provided)

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An obituary for Minter described her as a “happy, jolly” person. 

“A beam of light in dark places,” the obituary states. 

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Dem governor under fire after illegal alien allegedly stabs woman to death at bus stop: ‘Heinous’

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Dem governor under fire after illegal alien allegedly stabs woman to death at bus stop: ‘Heinous’

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EXCLUSIVE: The Department of Homeland Security is calling on Virginia’s Democratic Gov. Abigail Spanberger to ensure local law enforcement cooperates with federal immigration officials by handing over an illegal immigrant with a lengthy criminal record who allegedly killed a woman earlier this week at a Virginia bus stop.

Police in Fairfax County, Virginia, arrested an illegal immigrant from Sierra Leone earlier this week on charges of second-degree murder after he allegedly fatally stabbed a woman, Stephanie Minter, 41, who was found dead at a local bus stop with several wounds to the upper body. 

The alleged suspect, Abdul Jalloh, 32, also has a criminal history of more than 30 arrests, according to DHS, including for rape, malicious wounding, assault, identity theft, contributing to the delinquency of a minor, assault and pick-pocketing.   

The request from the Trump administration comes after the newly elected Democratic governor of Virginia signed an executive order to end cooperation between federal immigration officials and state and local law enforcement, a move several Democratic Party governors have taken recently amid President Donald Trump’s move to increase deportation operations around the country. 

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The DHS request asking Virginia officials to cooperate with ICE also comes after an illegal immigrant allegedly murdered someone just days after being released from jail for a separate crime in December.

Abdul Jalloh, 32, and Gov. Abigail Spanberger  (Department of Homeland Security/Getty Images)

“We are calling on Virginia Gov. Abigail Spanberger and Virginia’s sanctuary politicians to commit to not releasing this murderer and violent career criminal from their jail without notifying ICE,” said Deputy Assistant Secretary Lauren Bis. 

“This illegal alien’s murder of an innocent, beautiful American woman came less than 24 hours before Governor Spanberger’s demonization of ICE law enforcement. This heinous criminal is a perfect example of why we need cooperation from sanctuary jurisdictions and the importance of third country removals for the safety of the American people.”

Spanberger’s representatives did not respond to Fox News Digital’s request for comment. 

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Jalloh entered the United States illegally in 2012, according to DHS, and immigration officials lodged an immigration detainer against him in 2020, whereupon he was granted a final order of removal by a judge who said he could be removed to any country other than Sierra Leone. 

ILLEGAL IMMIGRANT WITH PRIOR DEPORTATION SHOOTS DEPUTY IN CHEST, DIES AFTER EXCHANGE: DHS

Protesters, using whistles to alert neighborhoods to ICE activity, face off with Minneapolis police officers in Minneapolis Jan. 24, 2026.  (Roberto Schmidt/AFP via Getty Images)

DHS indicated that ICE cooperation to ensure Jalloh’s deportation is evident after a case Fox News covered in December when a criminal illegal alien from El Salvador, Marvin Morales-Ortez, 23, allegedly killed a man just a day after Fairfax County jail officials let him go. 

The immigrant from El Salvador had been in custody on charges of malicious wounding and brandishing a gun, but police released him after the Fairfax County Commonwealth’s Attorney’s Office, led by George Soros-backed prosecutor Steve Descano, dropped the charges. 

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Fox News Digital reached out to the Fairfax County Sheriff’s office to inquire about why the man had not been handed over to ICE. 

The sheriff’s office said, “ICE was aware of Morales-Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody.

Marvin Morales-Ortez, who is living in the country illegally, was released from Fairfax County custody and then allegedly committed a murder the next day. (Fairfax County Police Department/Getty Images)

“The Fairfax County Sheriff’s Office follows all local, state and federal laws when determining whether a person is subject to release from the ADC,” the sheriff’s office told Fox News Digital at the time. “Immigration and Customs Enforcement (ICE) is automatically notified any time a person is booked into the ADC.”

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The same sheriff’s office did not get back to Fox News Digital’s media inquiry for this story on DHS urging officials to cooperate with federal officials. 

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Illegal immigrant arrested after showing up to Florida Border Patrol office for contract IT work

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Illegal immigrant arrested after showing up to Florida Border Patrol office for contract IT work

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FIRST ON FOX: An illegal immigrant who reported to a U.S. Border Patrol site in Florida to perform some Information technology contractual work was arrested when authorities were made aware of his citizenship status, officials said. 

Angel Camacho, a Venezuelan citizen, reported to a USBP center in Dania Beach, Florida, Jan. 6 to do some IT work when U.S. Customs and Border Protection (CBP) officials began vetting him, the Department of Homeland Security (DHS) told Fox News Digital. 

During its investigation, it was revealed Camacho was in violation of U.S. immigration laws, authorities said. 

Angel Camacho reported to a Florida U.S. Border Patrol center to perform contractual work when he was arrested, a Department of Homeland Security official said.  (Getty Images )

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“CBP vets all external visitors before allowing them to enter secure facilities to ensure safety and operational integrity,” DHS Deputy Assistant Secretary Lauren Bis said in a statement. 

“During the vetting process, CBP uncovered this individual was a tourist visa overstay in the country for over five years.”

SCHUMER, DEMS AGAIN BLOCK DHS FUNDING, FORCE STATE OF THE UNION SHOWDOWN

This photo shows a U.S. Border Patrol patch on a border agent’s uniform in McAllen, Texas, Jan. 15, 2019. (Suzanne CordeiroAFP via Getty Images)

Camacho was arrested and transferred to ICE custody, Bis said. 

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His criminal history includes theft and resisting a Florida Highway Patrol officer, officials said. Federal authorities have nabbed several illegal immigrants in the process of trying to obtain employment in law enforcement and education. 

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One Sierra Leone citizen was recently arrested as he was training to become a Pennsylvania corrections officer. 

Another illegal immigrant, Ian Roberts, served as the former superintendent of Iowa’s largest district, Des Moines Public Schools, before he was arrested by ICE. 

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