In a recent development, Georgia Superior Court Judge Scott McAfee has dismissed a portion of the charges in the criminal case against former President Donald Trump and his associates. Despite the partial dismissal, the majority of the extensive racketeering indictment remains intact.
Out of the 41-count indictment, six charges relating to Trump and some co-defendants allegedly soliciting the violation of oath by a public officer were dismissed due to insufficient detail about the underlying crime being solicited. Trump was specifically named in three of these counts, leaving him with 88 charges across four criminal indictments in Georgia, New York, Washington, DC, and Florida.
Allegations Against Trump and Co-defendants
Prosecutors have accused Trump and his co-defendants of unlawfully pressuring Georgia legislature members to appoint presidential electors. Charges were also brought against Trump and his former White House Chief of Staff Mark Meadows for a January 2021 phone call with Georgia Secretary of State Brad Raffensperger, where Trump allegedly asked Raffensperger to “find” the votes that would secure him the state.
Judge McAfee’s Ruling
In his order on Wednesday, Judge McAfee stated that the lack of detail concerning an essential legal element in these six counts was “fatal”. He noted that while the counts contained all the essential elements of the crimes, they failed to provide sufficient detail about the nature of their commission, thus not providing the defendants with enough information to prepare their defenses intelligently.
Despite dismissing the solicitation of violation of oath by a public officer charge, McAfee clarified that the alleged conduct forming the basis of that charge could still be used by prosecutors as part of the larger racketeering charge that forms the crux of the Georgia case.
Reactions to the Ruling
CNN Senior Legal Analyst Elie Honig described the ruling as an “unforced error by prosecutors and an undeniable setback”. Michael Moore, a CNN Legal Analyst and former US attorney, suggested that McAfee’s action might indicate that the judge doesn’t expect the case to go to trial this year.
Steve Sadow, the lead defense lawyer for Trump in the Georgia election subversion case, applauded McAfee’s decision, calling it a “correct application of the law”. Meanwhile, Jeff DeSantis, a spokesman for the Fulton County district attorney’s office, stated that the ruling is currently under review.
Upcoming Ruling on Fani Willis
The recent ruling did not address the ethics allegations brought against Fulton County District Attorney Fani Willis by the defendants. Judge McAfee has committed to issuing a ruling on this matter by the end of the week.
This story will be updated with additional details as they emerge.