Embattled Fulton County District Attorney Fani Willis and her RICO case against former President Donald Trump and 18 members of his 2020 campaign and legal teams for alleged election interference just got more bad news, as Fulton County Judge Scott McAfee dismissed some of the counts against Trump and some of his co-defendants. He killed six of the counts brought by DA Willis and her team.
In his partial dismissal of the case against Trump and some of his co-defendants, one which left most of the RICO case intact, Judge McAfee ruled that six of the forty-one charges lacked the required level of detail about what alleged crime they were soliciting. Those charges related to soliciting the violation of oath by a public officer.
In his Wednesday, March 13, order, Judge McAfee wrote that there was a “fatal” lack of detail. He said, “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. However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
He continued, explaining that though the counts provided the elements of the crime, they didn’t give enough detail about what was allegedly solicited. He wrote, “As written, these six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited.”
Judge McAfee then explained why such a lack of detail was such a problem, noting that it meant the defendants could not defend themselves effectively because they did not get enough detail about what they were charged with having done. He wrote, “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways.”
The judge did, however, add, in a footnote, “This does not mean the entire indictment is dismissed . . . The State may also seek a reindictment supplementing these six counts. C.f. O.C.G.A. § 17-7-53.1 (barring future prosecution after second quashal). Even if the statute of limitations has expired, the State receives a six-month extension from the date of this Order to resubmit the case to a grand jury.”
Describing the six counts at issue, the ruling provided, “Count Two alleges that multiple Defendants solicited elected members of the Georgia Senate to violate their oaths of office on December 3, 2020, by requesting or importuning them to unlawfully appoint presidential electors; Count Five alleges that Defendant Trump solicited the Speaker of the Georgia House of Representatives to violate his oath of office on December 7, 2020, by requesting or importuning him to call a special session to unlawfully appoint presidential electors; Count Six alleges that Defendants Smith and Giuliani solicited members of the Georgia House of Representatives to violate their oaths of office on December 10, 2020, by requesting or importuning them to unlawfully appoint presidential electors; Count 23 alleges that multiple Defendants solicited elected members of the Georgia Senate to violate their oaths of office on December 30, 2020, by requesting or importuning them to unlawfully appoint presidential electors; Count 28 alleges that Defendants Trump and Meadows solicited the Georgia Secretary of State to violate his oath of office on January 2, 2021, by requesting or importuning him to unlawfully influence the certified election returns; and Count 38 alleges that Defendant Trump solicited the Georgia Secretary of State to violate his oath of office on September 17, 2021, by requesting or importuning him to unlawfully decertify the election.”
Judge McAfee’s dismissal of some of the counts comes amidst attempts to have Fulton County DA Fani Willis removed from the case over her alleged conflict of interest in it. That alleged conflict stems from her relationship with Nathan Wade, one of the three special prosecutors she appointed for the case.
Featured image credit: Fani for DA Campaign Website
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