The ruling, which is not linked to Fulton County DA Fani Willis’s (D) relationship with a special prosecutor she hired on the case – however McAfee is expected to rule on that later this week as well.
Fulton County Superior Court Judge Scott McAfee dismissed six charges out of the 40-count indictment in the election interference case against former President Donald Trump and his co-defendants, including three of the counts against Trump.
The ruling, which is not linked to Fulton County DA Fani Willis’s (D) relationship with a special prosecutor she hired on the case – however McAfee is expected to rule on that later this week as well.
The tossed charges do not impact the RICO charge that serves as the foundation for this unprecedented prosecution.
Each of the tossed charges related to alleged efforts by Trump and some of his co-defendants, including former New York City Mayor Rudy Giuliani and White House chief of staff Mark Meadows, to solicit Georgia officials to violate their oaths of office.
The judge ruled that while the charges do contain the “essential” elements of each crime, they fail to provide enough detail for the defendants to mount their defenses. Under the current charges, McAfee said, the defendants could have violated the law in “dozens, if not hundreds, of distinct ways.” -The Hill
“The Court’s concern is less that the State has failed to allege sufficient conduct of the Defendants – in fact it has alleged an abundance,” McAfee wrote. “However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
McAfee also emphasized that his ruling “does not mean the entire indictment is dismissed,” and preserved Fulton County’s ability to seek new indictments once they supplement the charges to his satisfaction.
He also gave the state a six-month extension to resubmit the charges to a grand jury, even if the statute of limitations expires, and that he would “likely grant” a request to appeal.
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