Judge dismisses certain Trump Georgia election subversion charges but upholds majority of the case

The presiding judge in the Georgia criminal case against Donald Trump and his allies has dismissed some charges against the former president and some of his co-defendants. This decision was made by Georgia Superior Court Judge Scott McAfee, who chose to keep most of the racketeering indictment intact.

McAfee determined that six charges from the 41-count indictment, involving Trump and other defendants, lacked sufficient detail regarding the underlying crime they were accused of soliciting.

Specifically, Trump is named in three of the counts, bringing the total number of charges against him to 88 across four separate criminal indictments in Georgia, New York, Washington, DC, and Florida.

Prosecutors claimed that Trump and his co-defendants broke the law by trying to influence Georgia lawmakers to unlawfully select presidential electors. They accused Trump and his former White House chief of staff Mark Meadows of wrongdoing during a phone call in January 2021 with Georgia Secretary of State Brad Raffensperger. Trump had asked Raffensperger to help him "find" enough votes to secure victory in the state.

Fulton County Judge Scott McAfee presides in court during a hearing in Atlanta on Friday.

Fulton County Judge Scott McAfee presides in court during a hearing in Atlanta on Friday.

Alex Slitz/Pool/Getty Images

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The Court is not concerned that the State has not provided enough information about the actions of the Defendants - in fact, there is plenty of information provided. However, the lack of detail regarding a crucial legal element is, in the view of McAfee, fatal.

According to McAfee, the six counts in question do include all the necessary elements of the crimes. However, they do not provide enough specific information about how the crimes were carried out, specifically the underlying felony that was solicited. This lack of detail makes it difficult for the Defendants to prepare their defenses effectively, as they could have potentially violated the law in numerous ways.

McAfee dismissed the charge of violation of oath by a public officer, but noted that the alleged conduct could still be used in the racketeering charge in the Georgia case.

He clarified, "This does not mean the entire indictment is dismissed."

‘Unforced error by prosecutors’

CNN Senior Legal Analyst Elie Honig said the ruling “is an unforced error by prosecutors and an undeniable setback.”

Honig mentioned that although most charges still stand, the judge dismissed six charges due to legal flaws. The prosecutors accused Trump and others of urging Georgia officials to violate the Constitution, but they did not specify which constitutional provision was violated.

According to Michael Moore, a CNN Legal Analyst and former US attorney, McAfee's decision suggests that the judge may not believe the case will proceed to trial this year.

Moore mentioned that the defense's motion is a common tactic that adds another layer to the case. He explained that cases similar to this one can often be weakened gradually over time. The judge's consideration for a potential appeal by the state was noted by Moore, indicating that the case may not go to trial this year.

Steve Sadow, Trump's main defense attorney in the Georgia election subversion case, expressed his approval of McAfee's legal ruling.

President Trump had charges dismissed against him for counts 5, 28, and 38. These counts falsely accused him of persuading Georgia public officials to break their oath of office, according to Sadow. The legal ruling was based on the prosecution's failure to provide specific evidence of any wrongdoing on those counts. Sadow believes the prosecution of President Trump is politically motivated and constitutes election interference.

A spokesman for the Fulton County district attorney's office, Jeff DeSantis, stated that they are currently reviewing the ruling.

Fani Willis ruling expected soon

The recent ruling did not cover the ethics complaints made against Fulton County District Attorney Fani Willis by the defendants. McAfee has promised to make a decision on this matter by the week's end.

“I plan to stick to my timeline,” McAfee told CNN on Wednesday morning. He did not elaborate.

This story has been updated with additional details.

Editor's P/S:

The dismissal of certain charges against Donald Trump and his co-defendants in the Georgia criminal case raises questions about the strength of the prosecution's case. The judge's ruling highlights the importance of providing specific details in indictments to ensure that defendants can adequately prepare their defenses. While the majority of the racketeering indictment remains intact, the dismissal of these charges could potentially impact the overall outcome of the case.

The judge's decision underscores the complexity of the legal process and the challenges faced by both the prosecution and the defense. It remains to be seen whether the state will appeal the ruling or if the case will proceed to trial. The ongoing ethics complaints against the Fulton County District Attorney further add to the uncertainty surrounding the future of this high-profile case. credibility and the overall direction of the case. As the legal process continues, it is important for all parties involved to maintain a fair and impartial approach, ensuring that justice is ultimately served.