The judge who is currently overseeing the racketeering case against former President Donald Trump and his co-defendants in the state of Georgia has tossed out six counts of the indictment on Wednesday. Liberal heads are set to explode in 3…2…1…
Judge Scott McAfee, who will be delivering a decision soon about whether or not Fulton County District Attorney Fani Willis will be disqualified from the case due to an alleged conflict of interest, sided with the defendants in the case in a separate motion to toss out specific counts. He went on to write that the six counts did 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 decision by McAfee explained the state can still bring new indictments concerning the six charges, which all focus on “Solicitation of Violation of Oath by Public Officer.”
“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,” he went on to write in the ruling. “However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal. 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.”
“Under the standards articulated by our appellate courts, the special demurrer must be granted, and Counts 2, 5, 6, 23, 28, and 38 quashed,” he said.
I think Judge McAfee's decision is correct. I also note that he acknowledges a crime based in the solicitation of a violation of oath is complicated further by the federal constitution having a different structure and tradition from the Georgia Constitution. The DA needs details. pic.twitter.com/k7kEdxsV3Z
— Anthony Michael Kreis (@AnthonyMKreis) March 13, 2024
The judge pointed out in a footnote in the ruling the order does not “mean the entire indictment is dismissed.”
“The State may also seek an indictment supplementing these six counts,” he added.
“The Court made the correct legal decision to grant the special demurrers and quash important counts of the indictment brought by DA Fani Willis,” Steve Sadow, Trump’s lead defense counsel, remarked in a statement given to the Daily Caller News Foundation.
“The counts dismissed against President Trump are 5, 28 and 38, which falsely claimed that he solicited GA public officials to violate their oath of office,” Sadow stated. “The ruling is a correct application of the law, as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts. The entire prosecution of President Trump is political, constitutes election interference, and should be dismissed.”
The decision concerning Willis is expected to be delivered by the end of the week. Michael Roman, one of Trump’s co-defendants, accused Willis back in the early part of January of benefiting financially from appointing her lover, Nathan Wade, to be a special prosecutor in the case.
Willis and Wade have denied the relationship began before he was hired, though a close-friend of Willis testified it began in 2019 and Wade’s former law partner supplied details about their relationship starting earlier to the attorney who filed the motion.
This could be a small victory for the former president has he attempts to clear his name from the charges brought against him in this political attack, though it’s too early to tell how this will all turn out.