March 13 (UPI) — Superior Court Judge Scott McAfee dismissed six of the 41 counts against Donald Trump and other defendants in the election subversion case in Fulton County, Ga., on Wednesday.
McAfee determined that the charges related to the defendants’ soliciting Georgia officials to violate their oath of office failed to clearly state the crime those officials were asked to commit, according to Wednesday’s filing.
“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.”
McAfee goes on to explain that the six counts in question contain “all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission.”
He adds that the charges do not give defendants enough information to prepare their defenses.
“The defendants could have violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways,” McAfee wrote.
Despite the dismissal of these charges, McAfee clarifies that the “overt conduct” alleged in the charges can be argued by prosecutors to support other charges in the racketeering case.
“And even then, a defendant can be found guilty of conspiracy even after acquittal of any overt acts alleged to have been committed by that defendant, as long as at least one overt act is proven to have been committed by a co-conspirator,” McAfee wrote.
McAfee denied the defendants’ attempt to challenge overt acts charged in six other counts, citing different pleading standards.
McAfee has not ruled on an attempt by the defense to remove Fulton County District Attorney Fani Willis and lead prosecutor Nathan Wade from the case. He said in a hearing on March 1 that he hopes to have a decision by Friday.
