Judge dismisses some Trump election subversion charges in Georgia, but leaves most cases intact

CNN-

The judge presiding over the Georgia criminal case against Donald Trump and his allies has dismissed some of the charges against the former president and several of his co-defendants.

Georgia Superior Court Judge Scott McAfee's partial dismissal leaves most of the sprawling racketeering indictment intact.

McAfee ruled that six counts in the 41-count indictment related to Trump and certain co-defendants allegedly soliciting violation of oath by a public official lacked required details of the crime underlying that the defendants sought.

Trump was named specifically in three of the counts, meaning the former president now faces 88 counts across the four criminal indictments in Georgia, New York, Washington, D.C. and in Florida.

Prosecutors alleged that Trump and some of his co-defendants violated the law by pressuring members of the Georgia legislature to illegally appoint presidential electors. They also filed charges against Trump and his former White House chief of staff, Mark Meadows, for the January 2021 phone call with Georgia Secretary of State Brad Raffensperger, during which Trump asked Raffensperger to find the votes that would allow him to win the state.

The court's concern is less that the State failed to allege sufficient conduct on the part of the defendants, but rather an abundance. However, the lack of detail regarding a critical legal element is, in the undersigned's opinion, fatal, McAfee wrote in his Wednesday order.

As drafted, these six counts contain all the essential elements of the crimes but do not provide sufficient detail on the nature of their commission, i.e. the underlying crime sought, added McAfee. They do not give defendants enough information to intelligently prepare their defense, because defendants could have violated the Constitutions and therefore the law in dozens, if not hundreds, of distinct ways.

Although he rejected the solicitation of violation of oath by a public official, McAfee said the alleged conduct that was the basis of that charge could still be invoked by prosecutors as part of the broader racketeering charge. which is in the heart of Georgia. case.

This does not mean the entire indictment is dismissed, he wrote.

Elie Honig, CNN's senior legal analyst, said the decision was an unforced error by prosecutors and an undeniable setback.

Although most of the charges remain intact, the judge dismissed six charges for legal defects, Honig said. Essentially, prosecutors accused Trump and others of directing Georgia officials to violate the Constitution, but prosecutors did not specify any underlying constitutional provision.

Michael Moore, a CNN legal analyst and former U.S. attorney, said McAfee's action could mean the judge doesn't think the case will go to trial this year.

It's a standard defense request, but it puts a further narrowing on the case and cases like this can often result in death by a thousand cuts, Moore said. Interestingly, the judge allowed for the possibility of an appeal by the state. I don't think he expects this case to go to trial this year.

SteveSadow, Trump's lead defense attorney in the Georgia election subversion case, said McAfee made the right legal decision.

The counts dismissed against President Trump are counts 5, 28 and 38, which falsely claimed that he solicited AG officials to violate their oath of office, Sadow said in a statement. This decision constitutes a correct application of the law, as the prosecution has not made any specific allegations of alleged wrongdoing on these counts. The entire case against President Trump is political, constitutes election interference, and should be dropped.

Jeff DeSantis, a spokesman for the Fulton County prosecutors' office, said the decision is under review.

The new ruling does not address ethics allegations made against Fulton County Prosecutor Fani Willis by the defendants. McAfee has committed to making a decision on the matter by the end of the week.

“I plan to stick to my schedule,” McAfeet told CNN Wednesday morning. He did not give details.

This story has been updated with additional details.

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