A Georgia judge dismissed six counts in the election interference case against Trump and others, saying the state failed to provide sufficient details in the indictment.
Judge Scott McAfee ruled the counts alleging “solicitation of violation of oath by public officer” lacked specifics on the nature of the alleged felony solicited and did not give defendants enough information to prepare their defense.
“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 opinion, fatal,” McAfee wrote.
The indictment referred to requests for Georgia officials to unlawfully appoint alternative electors and efforts to get the secretary of state to decertify the 2020 election results.
“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,” the judge added.
“They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways,” McAfee said.
McAfee said a “naked charge of solicitation cannot survive unless accompanied by additional elements establishing the solicited felony.”
He is also considering evidence presented in a hearing on whether the DA and her special counsel had a secret relationship requiring her disqualification from the case.
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