Fulton County Superior Judge Scott McAfee is in charge of the case in Atlanta. Donald Trump is shown speaking at a rally in Conway, S.C., in an image inset.
The judge in Georgia overseeing the racketeering and election interference case against Donald Trump dismissed six counts in the indictment for lacking relevant details.RICODonald Trump The state can re-file the charges, even if the statute of limitations has passed, due to a six-month grace period in Georgia law, as explained in a footnote by the court. The dismissed counts are just threadbare allegations that the defendants asked elected officials to violate their oaths, according to the court.
Fulton County Superior Court Judge Scott McAfee issued the ruling in response to special demurrers, providing limited relief to co-defendants Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith, and Robert Cheeley. nine-page order The court explained that each of the defective counts were similarly structured and lacked essential legal detail, leading to their dismissal.
Overall, counts two, five, six, 23, 28, and 38 of the 41-count indictment were quashed, leaving most of the co-defendants still facing several counts, except for Meadows, who now only faces one count. 41-count indictment The court's order grants dismissal due to the generic references and lack of specific details in the indictment.
The court clarified that the details regarding the defendants' alleged actions were not the problem with the six dismissed counts.
The court's concern is the lack of detail concerning an essential legal element, which is seen as fatal.
The indictment incorporates references that are generic, compelling the court to grant dismissal, according to McAfee.
The court's order explains that the dismissal was due to the defendants being given insufficient information to prepare their defenses.
The dismissed counts lacked enough details about the underlying offense, leading to the court granting dismissal.
The court said that the dismissed counts do not provide enough information for the defendants to prepare their defenses intelligently.
The court's opinion explains how the United States and Georgia Constitutions contain complex clauses with different meanings, making the lack of specific details in the dismissed counts fatal.
The court emphasized that the lack of detail in the dismissed counts makes it difficult for the defendants to prepare their defenses.
The court further explained that the dismissed counts did not contain enough details about the underlying offense.
The court's order explains that the dismissed counts do not give the defendants enough information to prepare their defenses intelligently.
Notably, however, the defendants also requested to dismiss the corresponding overt acts linked to the six dismissed counts. These overt acts, which are a part of RICO law, contribute to the broader RICO conspiracy alleged in the first count of the indictment.
McAfee chose not to dismiss those overt acts, stating that lower pleading standards apply to the alleged RICO conspiracy.
In practical terms, this creates a legal peculiarity.
Trump and Meadows no longer face any specific criminal charges for the infamous phone call in which Trump asked Georgia Secretary of State Brad Raffensperger to “find 11,780 votes” in order to overturn Joe Biden’s electoral win in the state. At the same time, the alleged crime committed during the phone call can still be used to argue there was an overarching conspiracy to overturn the election — even though this alleged crime lacks enough detail to stand on its own.