CNN legal analyst: Judge McAfee will likely reject Trump's First Amendment argument

CNN senior legal analyst Elie Honig said he believes that Donald Trump's attempt to have the Georgia election subversion indictment dismissed on First Amendment grounds will fail given how another judge in Washington, DC, ruled regarding a similar argument.

"Trump’s legal team argues that his charged conduct here is political speech, protected by the First Amendment (even if the speech was false or unpopular). But prosecutors allege that Trump’s speech was part of a larger criminal plan to steal the election and hence not covered by the First Amendment," he said.

"Judge Tanya Chutkan, who is presiding on the other, federal election subversion case, had already rejected a similar defense argument. Judge McAfee is not bound by that decision, but he likely will reach a similar conclusion," Honing added.

McAfee did not rule from the bench during Thursday's hearing, nor did he say when he would rule.

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