Last Thursday, Fulton County Superior Court Judge Scott McAfee heard arguments on Donald Trump’s bid to toss out the indictment in the Georgia election interference case. Trump asserts that he was engaged in “political speech” that’s protected by the First Amendment — even if what he said was false. Trump already lost this argument once, having raised it with District Judge Tanya Chutkan in the Jan. 6 case against him in Washington, D.C. He’ll likely lose it again. While legally weak, Trump’s First Amendment arguments warrant attention for a separate reason — he has raised them in connection with his novel claim of total immunity for crimes committed in office, which the Supreme Court
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