A Fulton County judge on Wednesday quashed multiple counts contained in the election interference indictment against former President Donald Trump and several of his co-defendants.
The order from Judge Scott McAfee dismissed six counts related to a specific charge: Solicitation of Violation of Oath by a Public Officer.
Of the 13 counts Trump faced, three of them were tossed by the judge’s order. Trump now faces 10 counts in the case.
The ruling is a win for Trump and several of his co-defendants, who filed to dismiss the counts on the grounds that they were legally deficient.
Judge McAfee essentially agreed, writing that they “fail to allege sufficient detail regarding the nature of their commission.” He said the “lack of detail concerning an essential legal element” is “fatal.”
“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,” the order says.
The motions, called demurrers, were brought by Trump, his former attorney Rudy Giuliani, former Chief of Staff Mark Meadows, election lawyer John Eastman, and others.
Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.
Mike Stewart/AP
Wednesday’s order by the judge quashes three of the 13 counts against Giuliani, who no longer faces two counts of solicitation and one count of false statements and writings, according the order.
The conduct underpinning those now-dropped counts dates back to December of 2020, when Giuliani made three public appearances at hearings before Georgia state lawmakers — one in the Georgia House of Representatives and two in the Georgia Senate — where he aired unfounded allegations of fraud in the 2020 election and encouraged lawmakers to assign a false slate of electors.
Giuliani now faces 10 counts in the Fulton County indictment.
The judge’s order quashes one of the two counts against Meadows, who now faces one count — the racketeering or RICO count that all 19 defendants were charged with.
It quashes one of the nine counts against Eastman; three of the 12 counts against Georgia lawyer Ray Smith III; and one of the 10 counts against Georgia lawyer Robert Cheeley.
“The Court made the correct legal decision to grant the special demurrers and quash important counts of the indictment brought by DA Fani Willis,” Trump attorney Steve Sadow said in a statement. “The ruling is a correct application of the law, as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts.”
Don Samuel, the lawyer for Smith who filed the original demurrer, said in a statement to ABC News that he was “delighted with the court’s ruling.”
“We believe this is the first step to exonerate Ray of all the charges,” Samuel said. “A few more counts to go.”
The Fulton County district attorney’s office declined to comment to ABC News.
Trump and 18 others pleaded not guilty last August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Defendants Kenneth Chesebro, Sidney Powell, Jenna Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.
The former president has blasted the district attorney’s investigation as being politically motivated.
A federal judge has recently dismissed six counts of indictment against former President Donald Trump for alleged election interference in Georgia. The charges stemmed from accusations that Trump had pressured state officials to overturn the results of the 2020 presidential election in his favor.
The judge’s decision to dismiss these charges comes as a significant blow to those who have been seeking accountability for Trump’s actions in the aftermath of the election. However, legal experts say that the judge’s ruling was based on a lack of evidence rather than a judgment on the merits of the case.
In his ruling, the judge noted that while there may have been some questionable behavior on the part of Trump and his associates, there was not enough evidence to support the charges of election interference. The judge also pointed out that the burden of proof in a criminal case is high, and that prosecutors must be able to prove their case beyond a reasonable doubt.
This ruling does not mean that Trump is completely off the hook, as there are still other legal challenges pending against him related to his conduct surrounding the 2020 election. However, it does highlight the difficulties of holding a former president accountable for his actions, especially when it comes to matters as sensitive as election interference.
Many critics of Trump have expressed disappointment with the judge’s decision, arguing that it sets a dangerous precedent for future cases involving election interference. They believe that if Trump is not held accountable for his actions, it could embolden other politicians to engage in similar behavior in the future.
Despite this setback, those who are seeking justice for the alleged election interference in Georgia are vowing to continue their fight. They are hopeful that other legal avenues will provide a path to holding Trump accountable for his actions and ensuring that such behavior is not tolerated in the future.
Overall, the dismissal of six counts of indictment against Trump for alleged election interference in Georgia is a significant development in the ongoing legal battles surrounding the 2020 election. While it may be a setback for those seeking accountability, it also serves as a reminder of the challenges of holding powerful individuals responsible for their actions.
