Michael Gabriel Hernandez
13 March 2024•Update: 14 March 2024
WASHINGTON
A state judge in Georgia allowed a racketeering case against ex-President Donald Trump to move forward Wednesday but threw out six of 41 election-related charges against the former commander-in-chief.
Fulton County Superior Court Judge Scott McAfee said in a nine-page order that the six charges against Trump and five of his co-defendants lacked sufficient detail. They related to alleged efforts to have officials violate their oaths of office to overturn state election results.
McAfee said the lack of detail in the indictment does not allow Trump's attorneys "to prepare their defenses intelligently," because the defendants could have violated the law "in dozens, if not hundreds, of distinct ways."
"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," wrote McAfee.
"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," he said. "This does not mean the entire indictment is dismissed."
The judge granted prosecutors six months to resubmit the charges to a grand jury. The case against Trump and 18 co-defendants centers on alleged efforts to overturn the state's 2020 presidential election results.
Trump was indicted by a Georgia grand jury in August on 13 criminal counts, including violations of the state Racketeer Influenced and Corrupt Organizations (RICO) Act, solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, and conspiracy to commit false statements.
McAfee threw out the solicitation charges.
Trump has been indicted four times in state and federal courts since he left office. The charges range from hush money payments to an adult film star, efforts to overturn national election results, unlawful retention of classified documents and efforts to prevent investigators from completing their duties.
Fulton County District Attorney Fani Willis' probe was sparked by a Jan. 2, 2021 telephone call Trump made to Georgia Secretary of State Brad Raffensperger in which he urged the senior state official to "find 11,780 votes,” the number he would have needed to win the battleground state. A recording of the call was later leaked to the media.
The investigation went on to include a probe of fake local electors who attempted to certify fraudulent election results in Trump's favor.
