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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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Family member of American killed by Cuban forces in boat shootout says he was on ‘diabolical’ mission

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Family member of American killed by Cuban forces in boat shootout says he was on ‘diabolical’ mission

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The brother of an American citizen killed in a brazen boat clash with Cuban forces says his sibling was consumed by an “obsessive and diabolical” push to free the island and that “no one knew” what he was planning.

American citizen Michel Ortega Casanova, who worked as a truck driver, was one of 10 passengers on a Florida-registered boat that allegedly opened fire on Cuban soldiers in an attempt to infiltrate the island.

A Monroe County Sheriff’s Office incident report obtained by Fox News noted the boat’s owner reported it stolen Wednesday after hearing about the Cuba shootout on the news.

The owner, who did not speak English, told deputies his 24-foot vessel went missing, and he suspected an employee named Hector — who had two young daughters in Cuba — may have taken it.

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U.S. Secretary of State Marco Rubio addressed an incident involving Cuban forces and a speedboat Wednesday before returning to Washington, D.C., after meetings with Caribbean Community leaders at Robert L. Bradshaw International Airport in Basseterre, Saint Kitts and Nevis.  (Jonathan Ernst/Pool/Reuters)

Ortega Casanova, who lived in the U.S. for more than two decades, was one of four killed in the attempt. He is survived by his wife, mother, brother, two sisters, daughter and unborn grandchild.

Six other passengers, all Cubans living in the U.S., were injured. It is unclear if Hector was on board.

Ortega Casanova’s brother, Misael, told The Associated Press Wednesday that his brother had an “obsessive and diabolical” pursuit for Cuba’s freedom.

“Only us Cubans who have lived over there understand [the great suffering],” Misael said.

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He said “no one knew” about his brother’s plans to infiltrate the island, noting their mother is “devastated.”

“They became so obsessed that they didn’t think about the consequences nor their own lives,” Misael said.

While Ortega Casanova’s family did not recognize any of the other passengers, Misael said, “maybe [the attempt] will justify that some day Cuba will be free.”

CUBA IS APPROACHING ITS BERLIN WALL MOMENT — AMERICA MUST HELP THEM BREAK THROUGH

Cuban Coast Guard forces reported an exchange of gunfire with a U.S.-registered speedboat Wednesday. (Yamil Lage/AFP via Getty Images)

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He refrained from labeling the group heroes, describing the idea as “ignorance.”

Cuban officials said many of the boat passengers, who were intercepted roughly a mile northeast of Cayo Falcones, off Cuba’s north coast, had a known history of criminal and violent activity.

Passengers Amijail Sánchez González and Leordan Enrique Cruz Gómez were wanted by Cuban authorities for their involvement in the “promotion, planning, organization, financing, support or commission of actions carried out in the national territory or in other countries, in connection with acts of terrorism,” according to the government.

Cuban politician Bruno Rodriguez Parrilla posted to X after the incident, claiming a “rigorous investigation” is being conducted to clarify the facts.

CUBA IDENTIFIES 32 MILITARY PERSONNEL KILLED IN US OPERATION AGAINST MADURO REGIME IN VENEZUELA

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“Cuba has had to face numerous terrorist and aggressive infiltrations originating from #EEUU since 1959, at a high cost in lives, injuries, and material damage,” Rodriguez Parrilla wrote in a post. “The defense of Cuba’s coasts, of the national territory, and of national security is an ineludible duty.”

Secretary of State Marco Rubio said the U.S. is working to determine whether the passengers were American citizens or permanent residents.

U.S. officials said at least two of the people on the bat were U.S. citizens, and another was on a U.S. K-1 visa — which is granted to fiancées of U.S. citizens for 90 days.

“We have various different elements of the U.S. government that are trying to identify elements of the story that may not be provided to us now,” Rubio told reporters in Basseterre, St. Kitts.

“Suffice it to say, it is highly unusual to see shootouts in open sea like that. It’s not something that happens every day. It’s something, frankly, that hasn’t happened with Cuba in a very long time.”

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Cuban officials said the vessel’s passengers were intercepted off the country’s northern coast. (Nicolas Economou/NurPhoto)

RUSSIA WARNS AGAINST ‘PROVOCATIVE ACTIONS’ AROUND CUBA AFTER 4 KILLED ONBOARD US-REGISTERED SPEEDBOAT

Rubio said the U.S. will verify the facts independently, and the U.S. Department of Homeland Security and U.S. Coast Guard are investigating.

Vice President JD Vance said he was briefed on the incident, and the White House is monitoring the situation.

“Hopefully it’s not as bad as we fear it could be,” Vance said.

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Florida’s Attorney General James Uthmeier said prosecutors will work with federal, state and law enforcement partners to start an investigation.

“The Cuban government cannot be trusted, and we will do everything in our power to hold these communists accountable,” Uthmeier wrote in a social media post.

The Associated Press contributed to this report.

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Alleged criminal history of missing mom found after 24 years catches up with her

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Alleged criminal history of missing mom found after 24 years catches up with her

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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.

Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.

Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.

An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.

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The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)

Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”

Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.

A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)

MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT

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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.

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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.

On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.

A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)

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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.

“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.

Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself. 

“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.

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Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001.  (Bring Michele Hundely Smith Home/Facebook)

In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.

Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.

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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.

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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.

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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.

The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

CALIFORNIA ‘PARTY MOM’ ACCUSED OF GROOMING VICTIMS FOR SEX, DRINKING IN RITZY MANSION, TEENS TESTIFY AT TRIAL

The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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