The judge just dismissed three criminal charges against former President Donald Trump in Georgia because District Attorney Fani Willis failed to clearly identify the felonies he was accused of inciting public officials to commit. When Willis charged Trump and 18 others, three of the charges were related to “Solicitation of Violation of Oath by a Public Officer,” which carries a maximum sentence of up to three years.
However, the Georgia criminal code specifies that the solicitation must be to commit a “felony,” which was not clearly outlined in the original indictment. Willis and other Democrats believe that Trump’s actions were an attack on democracy and the Constitution, but these are opinions rather than specific allegations of criminal activity.
Judge Scott McAfee wrote:
“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. As written, these … 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. … 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.”
Trump is still confronted with all the remaining accusations in the indictment. Judge McAfee is expected to make a decision by the week’s end regarding Willis’ involvement in the case, following accusations of misconduct involving a relationship with fellow prosecutor Nathan Wade.
