Judge dismisses some charges against Trump in the Georgia 2020 election interference case

[BumRushDaShow]

Last edited Wed Mar 13, 2024, 01:17 PM - Edit history (2)

Source: AP

Updated 12:15 PM EDT, March 13, 2024


ATLANTA (AP) — The judge overseeing the Georgia 2020 election interference case on Wednesday dismissed some of the charges against former President Donald Trump and others, but the rest of the sweeping racketeering indictment remains intact.

Fulton County Superior Court Judge Scott McAfee quashed six counts in the indictment, including three against Trump, the presumptive 2024 Republican presidential nominee. But the judge left in place other counts — including 10 facing Trump — and said prosecutors could seek a new indictment to try to reinstate the ones he dismissed.

The ruling is a blow for Fulton County District Attorney Fani Willis, who already is facing an effort to have her removed from the prosecution over her romantic relationship with a colleague. It’s the first time charges in any of Trump’s four criminal cases have been dismissed, with the judge saying prosecutors failed to provide enough detail about the alleged crime.

The sprawling indictment charges Trump and more than a dozen other defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO. The case uses a statute normally associated with mobsters to accuse the former president, lawyers and other aides of a “criminal enterprise” to keep him in power after he lost the 2020 election to Democrat Joe Biden.

Read more: https://apnews.com/article/georgia-election-interference-2020-trump-46e0b68c25719c404130f7e6eab69dcd

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Short article at post time.

Article updated.

Previous articles/headlines -

Updated 10:55 AM EDT, March 13, 2024


ATLANTA (AP) -- The judge overseeing the Georgia 2020 election interference case on Wednesday dismissed some of the charges against former President Donald Trump and others, but many counts in the sweeping racketeering indictment remain intact.

Fulton County Superior Court Judge Scott McAfee wrote in an order that six of the counts in the indictment must be quashed, including three against Trump, the presumptive 2024 Republican presidential nominee. But he left in place other charges, and he said prosecutors could seek a new indictment on the charges he dismissed.

The ruling is a blow for Fulton County District Attorney Fani Willis, whose case has already been on shaky ground with an effort to have her removed from the prosecution over her romantic relationship with a colleague. It's the first time charges in any of Trump's four criminal cases have been dismissed, with the judge saying prosecutors failed to provide enough detail about the alleged crime.

The sprawling indictment charges Trump and more than a dozen other defendants with violating Georgia's Racketeer Influenced and Corrupt Organizations Act, known as RICO. The case uses a statute normally associated with mobsters to accuse the former president, lawyers and other aides of a "criminal enterprise" to keep him in power after he lost the 2020 election to Democrat Joe Biden.

Judge dismisses some charges against Trump in the Georgia election interference case

Updated 10:48 AM EDT, March 13, 2024


ATLANTA (AP) -- The judge overseeing the Georgia election interference case on Wednesday dismissed some of the charges against former President Donald Trump, but many other counts in the indictment remain.

Fulton County Superior Court Judge Scott McAfee wrote in an order that six of the counts in the indictment must be quashed, including three against Trump, the presumptive 2024 Republican presidential nominee. But the order leaves intact other charges, and the judge wrote that prosecutors could seek a new indictment on the charges he dismissed.

The ruling is a blow for Fulton County District Attorney Fani Willis, whose case has already been on shaky ground with an effort to have her removed from the prosecution over her romantic relationship with a colleague. It's the first time charges in any of Trump's four criminal cases have been dismissed, with the judge saying prosecutors failed to provide enough detail about the alleged crime.

The six charges in question have to do with soliciting elected officials to violate their oaths of office. That includes two charges related to the phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021.

Updated 10:35 AM EDT, March 13, 2024


ATLANTA (AP) -- The judge overseeing the Georgia election interference case on Wednesday dismissed some of the charges against former President Donald Trump, but many other counts in the indictment remain.

Fulton County Superior Court Judge Scott McAfee wrote in an order that six of the counts in the indictment must be quashed, including three against Trump, the presumptive 2024 Republican presidential nominee. But the order leaves intact other charges, and the judge wrote that prosecutors could seek a new indictment on the charges he dismissed.

The six charges in question have to do with soliciting elected officials to violate their oaths of office. That includes two charges related to the phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021. "All I want to do is this. I just want to find 11,780 votes, which is one more than we have," Trump said.

The case accuses Trump and 18 others of conspiring to overturn his 2020 election loss in the state to Democrat Joe Biden. Trump has pleaded not guilty.

Judge overseeing Georgia election interference case dismisses some charges against Trump

Updated 10:24 AM EDT, March 13, 2024


ATLANTA (AP) -- The judge overseeing the Georgia election interference case on Wednesday dismissed some of the charges against former President Donald Trump, but many other counts in the indictment remain.

Fulton County Superior Court Judge Scott McAfee wrote in an order that six of the counts in the indictment must be quashed, including three against Trump, the presumptive 2024 Republican presidential nominee. But the order leaves intact other charges, and the judge wrote that prosecutors could seek a new indictment on the charges he dismissed.

The six charges in question have to do with soliciting elected officials to violate their oaths of office. That includes two charges related to the phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021. "All I want to do is this. I just want to find 11,780 votes, which is one more than we have," Trump said.

The case accuses Trump and 18 others of conspiring to overturn his 2020 election loss in the state to Democrat Joe Biden. Trump has pleaded not guilty.

Original article -

Updated 10:16 AM EDT, March 13, 2024


ATLANTA (AP) -- The judge overseeing the Georgia election interference case has dismissed some of the charges against former President Donald Trump, but others remain.

Fulton County Superior Court Judge Scott McAfee wrote Wednesday in an order that six of the charges in the indictment must be quashed, including three against Trump. But the order leave intact many other charges in the indictment and the judge wrote that prosecutors could seek a new indictment on the charges he dismissed.

The six charges in question have to do with soliciting elected officials to violate their oaths of office. That includes two charges related to the phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021.

[Hugin]

1. Before I start running in tiny circles screaming, I will wait for the DU...

Legal Eagles to weigh in on this. Since they were dismissed without prejudice, it may mean that these charges are weak and need to be brought again.

[BumRushDaShow]

3. AP is continually updating

but he removed 3 from 45 for "soliciting elected officials to violate their oath", two of which related to Raffensperger (who actually didn't go through with the request).

[Hugin]

7. I am tentatively optimistic that this is a sign of...

Getting back to ‘bidness after the DA having a relationship goat rodeo. A positive sign for staying the course?

*crosses fingers*

[BumRushDaShow]

8. Hopefully

I think there were 13 counts total in this case, so that will take it down to 7.

[forgotmylogin]

34. From what I heard on NPR and as I understand it...

The prosecution didn't spell out exactly what part of the oath that 45 solicited them to violate, and that was the question the defense asked. The prosecution was given a time period to adjust the charge so it answered the question they asked and re-file, or the judge would cooperate with them appealing it.

Not good due to the time limit, but makes sense to cross every T.

And also tiny victory in that if he was going to remove Fani Willis from it wholesale it wouldn't make sense to make this ruling before that.

[BumRushDaShow]

35. Yeah I have been seeing more explanation about the "vagueness"

I expect due to the fact that Fulton Co. went through 2 grand jury processes (a "special" one and a regular one that actually did the indictments) added extra time and they probably looked at the calendar and wanted to get SOMETHING finished to present before the end of last summer (given all the hints and promises that "charges are imminent" ). It might not be a big leap for them to add that and re-file.

And agree that taking care of the defendant motions prior to his final determination about Fani seems to hint that he's not going to upend the whole thing (including her, as there really is no "conflict of interest" - especially when you have, as I recently found out, 2 of the defendant's lawyers being husband and wife).

[aggiesal]

9. The judge thought that the phone call to Georgia Secretary of State Brad Raffensperger was weak. ...

There better be some legalese language, that someone needs to explain to me.

[mysteryowl]

23. "Before I start running in tiny circles screaming,"

(I would insert here the emoji: running-with-hair-on-fire and screaming, if I had it.)

Your comment was so funny to me, you took me off the ledge I was approaching.



Thanks!

[BumRushDaShow]

25. "I would insert here the emoji: running-with-hair-on-fire and screaming, if I had it."

Here ya go! Used to be one of the DU smilies under DU2.

[Hugin]

28. I gotta grab that link!

(Note: Add https:// to i.imgur.com/5XMAUYH.gif for those needing some primal panicking)

[mysteryowl]

36. YES! this is the one!

It is perfect for some situations.

Thanks for posting it.

[Hugin]

27. My pleasure.

[angrychair]

2. Trump wins yet again

So tired of this man and his ilk.
Reality is the world isn't fair and rich white men rarely face justice.
I'm resigned that we aren't going to win. We, as a society, so desperately want fascism, and misery and death.
Resigned to the fact that society wants to be miserable.

[NJCher]

13. we're all tired

but that is no excuse to come in here with negative thinking like this. At least other posters are waiting to hear from the legal people before they throw in the towel.

[Wednesdays]

15. That is exactly how MAGA wants you to feel. nt

[Fiendish Thingy]

4. Somehow, someway, I am certain this will be blamed on Merrick Garland.

[BumRushDaShow]

5. LOL

[Novara]

6. It sounds like McAfee wants Willis to build a stronger, more "convictable" case

And it also sounds like he may end up dismissing the idiotic attempt at getting her disqualified. That decision is due by Friday.

[NJCher]

14. calling Andrew Weissman, calling Andrew Weissman

sounds like McAfee wants Willis to build a stronger, more "convictable" case

will be watching for his take on this.

Interesting point. If one interprets quashing and without prejudice as criticism, and criticism makes us better (two legal minds are better than one), then this might very well be the case.

on edit:

NY Times is reporting that it's for lack of detail:

“These six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission,” Judge McAfee wrote in his ruling. “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways.”

https://www.nytimes.com/2024/03/13/us/donald-trump-charges-quashed-georgia-mcafee.html

[Novara]

17. See? It's an invitation to re-indict with more of an air tight case.

And that will be harder to appeal.

[NJCher]

21. --

[Attilatheblond]

10. What is known about this judge? Good guy, AKA fair and just? Or ambitious and open to manipulation?

A lot of us want to take a big majority in House & Senate so we could expand the SCOTUS. Does TSF dangle seats on the bench HE says he will expand in order to dance around rock solid cases against him?

Yes, sadly, I have become that cynical.

[Kennah]

11. Supposedly linked to the Federalist Society

[Attilatheblond]

12. oh damn, not a promising situation n/t

[Hassin Bin Sober]

18. He was Vice President of the local chapter in law school

While in law school, he was the vice president of the school's Federalist Society chapter, treasurer of Law Republicans and inducted into The Order of Barristers.[1][5][4][6]

https://en.wikipedia.org/wiki/Scott_F._McAfee

[Attilatheblond]

24. Damn....

Now where did I leave those antacid tablets?

[GregariousGroundhog]

20. As a prosecutor, he was known as being pretty thorough and even-keeled.

Fani Willis was his supervisor for a while. He eventually went on to become a federal prosecutor and then Georgia's Inspector General. He only recently became a judge.

[onenote]

16. Link to Judge McAfee's decision.

https://www.documentcloud.org/documents/24478977-mcafee-order-on-racketeering-charges

Its a a narrow decision and the judge expressly notes that the state can seek re-indictment of these six charges or directly appeal the decision.

[bluestarone]

19. Not a lawyer here, so i'm asking, has this judge seen all the evidence Fani and her associates have concerning

These charges that he dismissed? If not, could she ask for reconsideration?

[KS Toronado]

22. Shame Fani Willis couldn't add on charges

for tsf's romantic relationships with underage girls. Can't two play this game?

[Ellipsis]

26. Excellent explanation on the decision from MEIDASTOUCH here.

[elleng]

29. 'Not sufficient facts to support solicitation claim,'

in some instances, 6 out of 41.

[DVRacer]

30. I'm hearing that the phone call maybe inadmissible

The big phone call about find me the votes was played for the Grand Jury. The point of contention is Florida is a two party consent state requiring all parties to know it’s being recorded or wiretapping comes into question. So fruit of the poisonous tree says the GJ maybe should not have heard it if not lawfully obtained. Now I believe the parties can be called in and asked what was said but the actual recording not played.

[BumRushDaShow]

32. "The point of contention is Florida is a two party consent state requiring all parties to know it's being recorded"

This case and the 2 Grand Juries that heard the evidence, were NOT in FL but were in GA.

GA is a "one-party consent" state regarding "recording" and IIRC, Raffensperger's office recorded the call from their end (I think because they kept trying call and get hold of him).

Found this article that explains - https://www.atlantamagazine.com/news-culture-articles/yes-its-legal-to-record-a-phone-call-in-georgia-without-telling-the-other-person/

[LudwigPastorius]

33. It was Trump's weasel language. "We need only 11,000 votes." "I have to find 12,000 votes."

Trump didn't say, to Raffensperger, "You have to find 12,000 votes."

If he had, those charges would have been a slam dunk.

[onenote]

38. where are you hearing that the call may be inadmissible?

Judge McAfee expressly rejected the defendants' attempt to quash the part of the indictment that cites the call as an overt act in support of the RICO conspiracy charge. See post 37.

[LiberalLovinLug]

31. Removing the "perfect" phone call removes the most viceral polically damaging piece of evidence

A shame. Because that would have been a show piece of their evidence. And whether it was important or not important in the legal sense, it was very important to remain a part of the case so that news media could continue to play it as part of what Trump was shown to have done.

Begging for 11,000 votes or whatever it was, on the phone, should be front and center.

[onenote]

37. McAfee expressly did NOT remove the "perfect" phone call.

First, the counts in the indictment that McAfee quashed are Counts 2, 5, 6, 23, 28 and 38. He did not quash Count 1, which is the RICO count. Second, and more to the point, McAfee expressly rejected the defendants' request that he quash certain overt acts cited in Count 1, including Overt Act 112, which is the "perfect" phone call.

Thus, your concern is misplaced.