Fulton County Superior Court Judge Scott McAfee dismissed six counts in the Georgia case on election interference involving former President Donald Trump and his co-defendants, including three against Trump himself. McAfee said that the state failed to provide enough detail for six counts of “solicitation of violation of oath by public officer.”
The Associated Press reported that the case accuses Trump and his co-defendants of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, alleging a “criminal enterprise” aimed at overturning the 2020 presidential election results in Georgia.
The dropped counts charged the defendants with soliciting public officers to violate their oaths of office to overturn the 2020 presidential election.
Charges dropped against Trump involved allegations of him asking State House Speaker David Ralston and Georgia Secretary of State Brad Raffensperger to change the election results.
Rudy Giuliani, Trump’s campaign lawyer, had two charges accusing him of asking state lawmakers to switch presidential electors dropped.
“The lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal,” McAfee wrote. “They do not give the defendants enough information to prepare their defenses intelligently.”
This marks the first time charges in any of Trump’s four criminal cases have been dismissed. However, the judge left other counts intact — including 10 facing Trump — and stated prosecutors could seek a new indictment to try to reinstate the dismissed charges.
The decision is seen as a setback for Fulton County District Attorney Fani Willis, who faces efforts to have her removed from the prosecution over a romantic relationship with a colleague.
Defense attorneys applauded the ruling, with Trump’s attorney calling the prosecution of Trump political and constituting election interference. The case has yet to be scheduled for trial, and the judge is expected to rule by the end of this week on a bid to have Willis disqualified from the case.
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