Georgia Judge Hands Trump and His Co-Defendants Some Good News
Donald Trump and his 17 co-defendants woke up to some good news regarding their Georgia election interference case on Wednesday: Judge Scott McAfee threw out some of the charges.
McAfee decided that six of the charges against Trump and some of his co-defendants lacked too much detail to be brought to trial. That includes charges related to Trump and Mark Meadows’s alleged pressure campaign on state officials, like Georgia Secretary of State Brad Raffensperger and then-Georgia House Speaker David Ralston, to unlawfully appoint alternative presidential electors. Trump will now face 10 felony charges in Georgia, instead of the original 13.
“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,” McAfee wrote in Wednesday’s order.
“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,” McAfee continued. “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.”
“In other words, a naked charge of solicitation cannot survive unless accompanied by additional elements establishing the solicited felony,” he added.
Still, the Georgia Superior Court judge did leave most of the case intact, noting that the entirety of the indictment is not dismissed. He also wrote that several of the “overt acts” related to racketeering charges that Trump had attempted to dismiss will in fact remain.
Meanwhile, Fulton County District Attorney Fani Willis’s future on the case remains murky. McAfee has said he will rule on her alleged ethics violations pertaining to her relationship with special prosecutor Nathan Wade, and potential disqualification from the case, by the end of the week.