Concerns and fears have been on the rise surrounding the sprawling criminal election conspiracy case that’s currently ongoing against scandal-ridden former President Trump in the state of Georgia, spearheaded by Fulton County District Attorney Fani Willis, who’s had her own fair share of scandal lately.
Ever since Willis and her alleged inappropriate relationship with a prosecutor in her office was brought under the microscope, Americans have feared that Donald J. Trump will once again manage to skirt all accountability and punishment for his wide range of crimes.
Now, that fear seems to be growing more validity, as Fulton County Superior Court Judge Scott McAfee has just dismissed 6 out of the 41 criminal counts lodged against Donald Trump and his co-defendants in the high-profile Georgia RICO case.
In a ruling delivered today, Judge McAfee wrote, “The Defendants challenge Counts 2, 5, 6, 23, 28, and 38 of the indictment by way of special demurrer. The ultimate purpose is to put the Defendant on notice and protect against double jeopardy.”
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Of those 6 dismissed charges, the former president was facing 3 of them — counts 5, 28, and 38. All of those 3 charges allege solicitation of violation of oath by a public officer. The other 3 dismissed charges were filed against Trump’s various co-defendants.
“Turning to the indictment itself, these six challenged counts charge various Defendants with Solicitation of Violation of Oath by Public Officer in violation of O.C.G.A. §§ 16-4-7 and 16-10-1,” McAfee’s ruling further stated. “The term of the oath alleged to have been violated must be ‘expressly prescribed,’ meaning it is explicitly contained in the applicable statutory provisions.”
The Georgia judge noted that both the ex-president and his co-defendants argued that “the counts do not detail the exact term of the oaths that are alleged to have been violated.”
“The indictment, when detailing the manner and means of the criminal enterprise alleged in Count One, describes the Defendants as soliciting Georgia officials’ to violate their oaths to the Georgia Constitution and to the United States Constitution.’ Thus, reading the indictment as a whole, which the trial court is required to do, confirms that these are the prescribed terms at issue in the six challenged counts,” the ruling states.
“While the averments do contain a reference to the terms of the violated oaths, this Court finds that the incorporation of the United States and Georgia Constitutions is so generic as to compel this Court to grant the special demurrers,” Judge McAfee writes. “The lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
McAfee declined to dismiss an additional 6 charges against former President Trump and his Georgia co-defendants.
You can read the full ruling here.
Featured image via Political Tribune Gallery
