Partial dismissal by Georgia Judge McAfee (6 of 41 counts) leaves most of the sprawling racketeering indictment intact

[bigtree]

McAfee ruled that six charges in the 41-count indictment related to Trump and some co-defendants allegedly soliciting the violation of oath by a public officer lacked the required detail about what underlying crime the defendants were soliciting.

Prosecutors alleged that Trump and some of his co-defendants violated the law by pressuring members of the Georgia legislature to unlawfully appoint presidential electors. They also brought the charge against Trump and his ex-White House chief of staff Mark Meadows for the January 2021 phone call with Georgia Secretary of State Brad

“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,” McAfee wrote in Wednesday’s order.

“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,”

“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.”

Though he threw out the solicitation of violation of oath by a public officer charge, McAfee said that the alleged conduct that was the foundation of that charge could still be relied upon by prosecutors as part of the larger racketeering charge that is the heart of the Georgia case.

“This does not mean the entire indictment is dismissed,” he wrote.

https://www.cnn.com/2024/03/13/politics/georgia-trump-mcafee-election-interference-case/index.html

[MOMFUDSKI]

1. That is nice. But is he making a RICO case

just a little easier for the next prosecutor after he dumps Fani?

[bigtree]

2. or is this the final touch on his softening up the prosecutor for the Trump jury?

...I think this is a two-fer, with McAfee not risking deciding against the DA on such a fraught and unproven claim by the defense, allowing her to go forward after the defense and he did the little they could to muddy the water.

It reminds of every other half-assed attempt made by MAGA syncophants to stand in the way of Trump's charges.

[Ocelot II]

3. No, it doesn't alter the RICO charges at all.

I'd be very surprised if he disqualified Willis, too. Obviously he recognizes the complexity and the seriousness of the case even without the six dismissed charges, and that removing the lead attorneys at this point would be prejudicial to the state - which also has the right to a fair trial.

[LiberalFighter]

4. Phang indicated why would the judge do that if he was going to disqualify her?

[Baitball Blogger]

5. Are we finally witnessing our first case of RICO?

Someone please explain.

[Warpy]

10. My understanding is that this applies to racketeering within the state

although he should be open to interstate racketeering (RICO) charges for the fake electors and multiple phone calls to lean on vaious people to get them tyo falsify election results.

He is alleged to have tried to interfere in multiple counties in GA, which is why he's got the in state racketeering charge hanging onver him.

One hopes that if this isn't enough to get His Corpulence to flee the country, RICO charges will soon follow.

[Baitball Blogger]

11. Thank you!

[FBaggins]

12. It would have to

A Georgia DA in a Georgia court can’t bring federal charges

[DaBronx]

6. My money remains on Fani

And when she moves forward she will decide whether to resubmit the lacking detail on the thrown out charges or whether to push ahead. I imagine the preparation, level of detailed evidence available, and timing involved will all weigh in on that decision. Of course there is still the matter of the Supreme Court hearing on presidential immunity, which a complete farce.

[bigtree]

7. good point about the ruling

...I wouldn't be surprised to see the DA try to make those charges comply with the disclosure argument the judge made in dismissing them.

[onenote]

8. Link to Judge McAfee's decision

https://www.documentcloud.org/documents/24478977-mcafee-order-on-racketeering-charges

[Warpy]

9. Racketeering is what might send him to prison

unless there are too many Chumps on the jury. The only thing that will get him to flee the country for his declining years is a date when he's scheduled to surrender to prison.

And flee he must. Afterward, only the most fundagelical assholes will be diehard fan club members, praying and waving snakes around and babbling for his triumphant return. They will be far too busy to vote for anyone but their fat Jebus.

Cops and DAs always come up with dozens of charges that they know won't stick in the hope a judge will see the difference between those and the ones that will. They also try to scare defendants into guilty pleas for shorter sentences by reducing the charges they know won't stick. The latter doesn't apply to TFG, malignant narcissists won't ever admit they did anything wrong, it was all those other people who did, they're surrounded by enemies.

I'm glad McAfee left the racketeering charge, it sounds so much nastier than the others because it is.