Fulton County Superior Court Judge Scott McAfee has dismissed six counts of the 41-count indictment against former President Donald Trump and 14 co-defendants in the election 2020 election interference case against them.
The six dismissed counts – three against Trump– charged the defendants with soliciting public officers to violate their oaths. They are charges 2, 5, 6, 23, 28 and 38. One of them stems from a phone call Trump made to Georgia Secretary of State Brad Raffensperger on Jan. 2, 2021, in which Trump allegedly urged the secretary of state to "find 11,780 votes" to officially win Georgia. (Related: Tucker Carlson: Misuse of judicial system to go after Trump could threaten the future of democracy in America.)
Another of the dismissed counts accused Trump of soliciting then-Georgia House of Representatives Speaker David Ralston to violate his oath of office by calling a special session of the legislature to appoint new presidential electors.
The other counts alleged that Trump and the other defendants solicited other officials in Georgia, including members of the Georgia Senate and the Georgia House of Representatives, to violate their oaths of office in trying to certify alternate electors or "influence the certified election returns."
McAfee argued that the counts did not provide enough detail regarding the nature of the violations. He wrote that what he has prescribed for the prosecution are special demurrers that are "akin to a 'motion for a more definite statement.'" He added that the removal of these charges was necessary at the time to protect due process rights.
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"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," McAfee wrote. "However, the lack of detail concerning an essential legal element is, in the undersigned's opinion, fatal."
The judge added that the failure to provide the court with enough detail on the six charges means defendants do not have "enough information to prepare their defenses intelligently."
With the dismissal, Trump now only has to deal with 10 counts of violating Georgia's Racketeer Influenced and Corrupt Organizations Act, or RICO. The indictment as a whole also stands.
Fani Willis' ex-lover resigns as special prosecutor in election interference case against Trump
Meanwhile, Nathan Wade resigned Friday, March 15, as special prosecutor in the Fulton County election interference case against Trump and his co-defendants.
Wade's resignation came hours after McAfee declined to outright disqualify Fulton County District Attorney Fani Willis. But McAfee stated in his 23-page ruling that either Willis or Wade must step aside from the case due to a "significant appearance of impropriety" stemming from a romantic relationship between the two.
Wade's resignation means Willis and the rest of her team will remain on the case.
McAfee wrote that while "dismissal of the indictment is not the appropriate remedy, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team."
The conflict described by the defendants in the case presents "an appearance that must be removed through the State's selection of one of two options," McAfee ruled.
"The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys' Council for reassignment," McAfee wrote. "Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case."
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Watch this clip from Fox Business discussing Judge McAfee's decision to throw out six counts of the indictment against Trump.
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