Connect with us

Southeast

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

Published

on

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

Advertisement

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. 

Advertisement

“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.

Advertisement

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)

Advertisement

“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.” 

Advertisement

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. 

Read the full article from Here

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Southeast

Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

Published

on

Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

NEWYou can now listen to Fox News articles!

The mother of murdered Florida teenager Danika Troy says her 14-year-old daughter was lured into the woods by one of the boys now charged with killing her, a teen she believed had romantic feelings for her.

In an interview with the New York Post, Ashley Troy said 16-year-old Gabriel Williams “pretended to have feelings for her,” leading Danika to trust him enough to follow him into the wooded trail where she was ambushed. 

“That’s how she was lured,” she said.

Williams and 14-year-old Kimahri Blevins have both been charged with first-degree premeditated murder in Danika’s death.

Advertisement

FAMILIES CLAIM TEEN MURDER SUSPECT WAS ‘PLOTTING’ DEADLY HIT-AND-RUN FOR MONTHS BEFORE KILLING TWO GIRLS

The mom of Danika Troy, a 14-year-old Florida teenager, says she believes her daughter was lured into the woods by Gabriel Williams, who allegedly pretended to have romantic feelings before the girl was murdered. (GoFundMe)

Ashley said she is still desperate for answers. “I still need answers. I’m just left asking why,” she told the outlet. “She just wanted to be in love.”

Danika was reported missing by her mother on Dec. 1. The next day, a passerby discovered her body in a wooded area in Pace, a community in Florida’s Panhandle. Investigators said she had been shot multiple times and set on fire.

Authorities quickly identified the alleged killers, two teens who knew Danika from school, and took them into custody.

Advertisement

MOTHER SAYS ALLEGED STALKER WHO KILLED HER DAUGHTER SHOULD BE TRIED AS AN ADULT

Authorities said two teenagers are facing murder charges in the death of 14-year-old Danika Troy, who was found shot to death and burned in a wooded area in Florida after being reported missing. (Santa Rosa County Sheriff’s Office)

Detectives initially believed the murder may have stemmed from a social-media dispute over Thanksgiving break. According to the sheriff’s office, the boys claimed they targeted Danika because she had blocked Blevins on social media and called Williams “worthless and a gang banger.”

Ashley rejected that narrative. “What those boys said is an excuse,” she told the Post.

Santa Rosa County Sheriff Bob Johnson confirmed Thursday that Danika’s body had been positively identified and said investigators rapidly zeroed in on Williams and Blevins. Both suspects had prior “run-ins” with law enforcement, he said, though details were not released because of their ages.

Advertisement

TEEN MURDER SUSPECT ALLEGEDLY SWATTED VICTIM’S HOME WEEKS BEFORE DEADLY HIT-AND-RUN: LAWYER

Santa Rosa County Sheriff Bob Johnson told reporters that the suspects were supposedly friends with the victim from school. He said investigators were still working to determine a motive. (Santa Rosa County Sheriff’s Office)

Johnson described the killing in stark terms. 

“This is where it gets really horrific,” he said, explaining that Williams allegedly stole his mother’s handgun before shooting Danika. “It’s bad enough you kill a 14-year-old. You’re 14. You’re 16. Shoot her multiple times, and then they set her on fire.”

The motive for the killing remains unclear. Johnson said the explanations the teens offered “don’t fit the forensics or any facts of the case,” adding, “so we don’t have a legit motive.”

Advertisement

REPEAT OFFENDER ALLEGEDLY KILLS 14-YEAR-OLD GIRL, HAS CRIMINAL HISTORY DATING BACK TO 2000: OFFICIALS

Both suspects remain held without bond at the Department of Juvenile Justice on first-degree murder charges. Prosecutors are coordinating with investigators as they determine whether the teens will be charged as adults.

“If you do an adult crime, you gotta do adult time,” Johnson said.

Ashley previously said she believes “evil influence” played a role in her daughter’s killing, but she wants accountability. She said she wants “nothing less than for them to be prosecuted to the full extent of the law.”

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Advertisement

Fox News Digital reached out to the Santa Rosa County Sheriff’s Office for comment, but did not immediately receive a response. 

Fox News Digital’s Stephen Sorace contributed to this report.

Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.

Read the full article from Here

Advertisement
Continue Reading

Southeast

Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

Published

on

Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

NEWYou can now listen to Fox News articles!

Voters in Miami, Florida, cast ballots Tuesday in a runoff election for mayor in a race that’s grabbed plenty of national attention in recent weeks as Democrats aim to end a decades-long losing streak in red-leaning Florida.

Democrat Eileen Higgins, a former county commissioner, is facing off against Republican Emilio Gonzalez, a former city manager backed by President Donald Trump.

While the election is technically nonpartisan, the ballot box face-off has become the latest showdown this year between Democrats and Republicans, with both parties pouring in resources.

And Democrats, energized by last month’s decisive 2025 election victories and by last week’s double-digit overperformance in a special election in a red-leaning congressional district in Tennessee, are aiming for victory in Miami for an office they haven’t held in 30 years.

Advertisement

MIAMI MAYORAL CANDIDATE REVEALS HOW HE WILL FLIP SCRIPT ON DEM RIVAL’S ‘CITY OF RENTERS’ STRATEGY

Democratic County Commissioner Eileen Higgins and Gov. Ron DeSantis-backed Republican candidate Emilio Gonzalez will advance to a runoff Dec. 9 that will determine Miami’s next mayor after no candidate received 50% of votes. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images; Rebecca Blackwell; The Associated Press)

The Democratic National Committee (DNC) and allied groups have invested in the race.

DNC Chair Kent Martin told Fox News Digital that following last week’s “historic overperformance in Tennessee and the record Democratic momentum across the country this year,” the DNC is now “laser focused” on Miami’s mayoral runoff.

“The energy is on Democrats’ side and the DNC is all-in support of Eileen Higgins from now until Election Day,” Martin emphasized in a statement to Fox News Digital last week.

Advertisement

CLICK HERE FOR THE LATEST FOX NEWS REPORTING ON THE 2025 ELECTIONS

Meanwhile, the Republican Party of Florida has been helping Gonzalez.

And Trump, over the weekend, took to social media to try and boost Gonzalez.

“Miami’s Mayor Race is Tuesday. It is a big and important race!!! Vote for Republican Gonzalez,” the president wrote.

City of Miami mayoral candidate Emilio González speaks during a press conference outside his home on Wednesday, July 16, 2025, in Miami. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images)

Advertisement

Florida was once the largest of the general election battleground states, but has shifted dramatically to the right over the past decade.

Florida Gov. Ron DeSantis won re-election by nearly 20 points in 2022, and Trump carried the state by 13 points in last year’s presidential election victory.

But Miami remains a rare blue oasis in the Sunshine State. Trump narrowly lost the city in last year’s presidential election, although the president won the wider Miami-Dade County by 11 points.

Higgins, a mechanical engineer and former Peace Corps director in Belize, focused on the issue of affordability and of making local government work better and faster during her campaign.

Eileen Higgins, a Miami-Dade County commissioner who is running for Miami mayor, speaks to supporters preparing to go canvas on her behalf, Saturday, Nov. 1, 2025, at Miami City Hall in the Coconut Grove neighborhood of Miami. (Rebecca Blackwell/AP Photo)

Advertisement

González, a veteran and senior adviser at an asset management firm, spotlighted the fight against overdevelopment and called for the elimination of property taxes for primary homes, as he bid for mayor.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Higgins captured 36% of the vote in the Nov. 4 election, with Gonzalez coming in second at 19%, in the multi-candidate field.

The runoff winner will succeed term-limited Republican Mayor Francis Suarez, who grabbed national attention two years ago as he briefly and unsuccessfully ran for the GOP presidential nomination.

Advertisement

Read the full article from Here

Continue Reading

Southeast

North Carolina teen sues school after Charlie Kirk tribute sparked ‘criminal investigation’ and censorship

Published

on

North Carolina teen sues school after Charlie Kirk tribute sparked ‘criminal investigation’ and censorship

NEWYou can now listen to Fox News articles!

EXCLUSIVE – A North Carolina high school student said she was accused of vandalism by her school and told she was being investigated by law enforcement after she painted her school’s “spirit rock” with a religious and patriotic tribute to slain conservative activist Charlie Kirk.

According to a new complaint filed Monday and shared first with Fox News Digital, Gabby Stout, a junior at Ardrey Kell High School, called her school’s front office on September 12 to ask if she could paint the school spirit rock with a patriotic message honoring Kirk, who was killed two days prior. Stout was told she could do so as long as the message didn’t contain vulgarity or political speech. 

The complaint states that she and two friends proceeded to paint a heart and an American flag with the message “Freedom 1776,” and a tribute to Charlie Kirk: “Live Like Kirk—John 11:25” on September 13. The students also painted their first names on the rock.

Within hours, school officials painted over the rock, according to the complaint. On September 14, the principal sent out a school-wide message saying that the spirit rock had been painted with a message that was not authorized. The message called it an act of vandalism and a violation of the student code of conduct, saying that law enforcement had been contacted, and an investigation was underway.

Advertisement

Charlie Kirk is seen in the Fiserv Forum on the third night of the Republican National Convention in Milwaukee, Wis., on Wednesday, July 17, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

RI SCHOOL WANTS TO CHARGE MOM $117K TO SEE CURRICULUM FROM TEACHER WHO CALLED CHARLIE KIRK ‘PIECE OF GARBAGE’

“I was completely shocked,” Stout told Fox News Digital. “I was very intimidated and scared as I had no idea what I did wrong or that I could be getting in trouble for simply sharing and expressing my views and beliefs.”

Stout sent a message the same day to school officials acknowledging she had painted the rock but had been given permission by the front office.

The next school day, she was repeatedly pulled out of class and sent to the principal’s office, where she was questioned and instructed to write a statement about what she had done and then forced to revise it after she forgot to include the Bible verse in her emotional state. She was also told to give up her cell phone to be searched, all without being advised of her constitutional rights or with legal counsel present.

Advertisement

“I was so scared I could barely hold my pen and write it [the statement],” she told Fox News Digital.

The following day, the district announced a revised policy for its Spirit Rock Speech Code that bans all political or religious messages and requires messages to reflect “positive school spirit,” “inclusive values,” and be in “good taste.”

Gabby Stout and her friends painted a Charlie Kirk message on the school’s “spirit rock” after his death. (Alliance Defending Freedom)

RHODE ISLAND TEACHER WHO CALLED CHARLIE KIRK ‘PIECE OF GARBAGE’ SET TO RETURN TO CLASSROOM AFTER SUSPENSION

The same day, Stout’s mother was told by the principal that the investigation into her daughter had been closed, and no disciplinary action would be taken.

Advertisement

On October 11, the school district sent out an internal message to the Ardrey Kell High School community to “clarify” the principal’s September 14 statement. The message stated that the spirit rock incident was “not an act of vandalism,” “was not a violation of the student code of conduct” and “law enforcement was not contacted to conduct an investigation.”

The complaint alleges that the school’s statement did not acknowledge it had compelled Stout to prepare a written statement without advising her of her rights and said its claim it had not contacted law enforcement contradicted its prior statement to local news outlet WFAE

Stout’s parents say the school board has refused to issue a public correction to clear Gabby’s name, despite their repeated requests.

Since the incident, she has faced health problems from stress, alienation and ostracization from friends and fellow students, the complaint says. On social media, the complaint says, Stout was targeted for roughly six weeks with messages from students and others online celebrating the news that she would be investigated and disciplined. Messages celebrated the idea of Stout and her friends going to prison, labeled them as “racist thugs” and left threats like “Die like Kirk.”

An image of slain conservative commentator Charlie Kirk is placed at a memorial in his honor, at Utah Valley University in Orem, Utah. (Jim Urquhart/Reuters)

Advertisement

The complaint, filed by Alliance Defending Freedom on behalf of the student’s parents, alleges that the school’s actions and policies violated her First, Fourth, Fifth and Fourteenth Amendment rights. It calls for the school to issue a public statement acknowledging these violations, for the school to remove all negative information from Stout’s school records and issue a formal letter of apology.

It also demands the school stop enforcing its vandalism and revised speech code policies regarding the spirit rock, alleging the policies enable viewpoint discrimination.

The school had allowed personal and political messages on the rock before this incident. In 2020, the school allowed students to paint a pro-Black Lives Matter message on the rock. Students painted a “black power” fist symbol along with names of individuals they believed were victims of police brutality, the complaint states. After other students painted over the BLM message, the school board held an emergency meeting and allowed students to repaint the BLM message again, this time with more political messages, including “No Justice. No Peace,” “I can’t breathe” and “End police brutality.”

CLICK HERE FOR MORE COVERAGE OF MEDIA AND CULTURE

Image of “Spirit Rock” painted with Black Lives Matter message in 2020. (Alliance Defending Freedom)

Advertisement

FLORIDA TEACHER WINS LAWSUIT, GETS TO RESTORE CHARLIE KIRK POSTER SCHOOL DISTRICT BANNED FROM CLASSROOM

In November, school officials also facilitated a student walkout from class to protest Immigration and Customs Enforcement (“ICE”) raids, Alliance Defending Freedom Senior Counsel Travis Barham told Fox News Digital.

“So they’ll facilitate that kind of left-wing student expression and not just facilitate it, but praise the students who participated,” he said. “But let Gabby express a conservative or Christian view on the spirit rock, and criminal charges fly.”

Stout told Fox News Digital she felt targeted for her beliefs.

“I don’t think it was fair what happened to me because of my beliefs or my views, which are religious and conservative,” she said. “This has never happened to another group that the school district or school has agreed with. I thought that I was going to get in trouble for sharing my views and my beliefs.”

Advertisement

A new complaint by Alliance Defending Freedom alleges a North Carolina high school district violated a student’s constitutional rights in how it handled a conflict over a spirit rock painted in tribute of Charlie Kirk. (plherrera/Getty)

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

The complaint is brought by the student’s parents against the Charlotte-Mecklenburg Board of Education. It also asks the court to award nominal and compensatory damages for the constitutional violations, attorneys’ fees and costs and any additional relief the court deems proper.

The Board declined to comment.

Advertisement

Read the full article from Here

Continue Reading

Trending