I’m sure we’ll be hearing more from the legal eagles soon, as to whether this is a big deal. While we wait.
This is NOT the Fani Willis disqualification motion ruling.
It is an order quashing certain counts in the indictment because they lack specificity to put the defendants on notice so they can prepare an adequate defense. https://t.co/aKnhiUikYq
— Katie Phang (@KatiePhang) March 13, 2024
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The charges dismissed from the indictment include counts 2, 5, 6, 23, 28, and 38. They relate to alleged efforts by Trump and others to solicit violations of oaths of office from state officials like Brad Raffensperger and former GA House Speaker David Ralston. pic.twitter.com/IdU4cO3Aex
— Anna Bower (@AnnaBower) March 13, 2024
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New: As we await a decision from Judge McAfee on whether to disqualify Fani Willis, he has issued an order dismissing some charges in the indictment against Trump and others–but denies efforts to dismiss certain “overt acts” included in the indictment.https://t.co/jbV4sO7oVJ
— Anna Bower (@AnnaBower) March 13, 2024
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BREAKING: in somewhat of an indication that Judge McAfee will NOT disqualify Willis, he’s refusing to throw out key elements of the RICO charge although he is tossing a few of the later counts against a few of the defendants for lack of specificity (1/x) pic.twitter.com/Vr84iedqOp
— Norm Eisen (norm.eisen on Threads) (@NormEisen) March 13, 2024
h/t Omnes on this last one.
Update with further details at 2 pn:
Some nuance missing from reporting on the impact of today’s ruling on Trump’s call to Brad Raffensperger:
For now, the criminal count related to the infamous call for soliciting a violation of Raffensperger’s oath of office is out.
The related overt act, however, survives. pic.twitter.com/lmgwTVrWaX
— Adam Klasfeld (@KlasfeldReports) March 13, 2024
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Update at 4:27 pm
Is the judge saying there is not enough evidence to proceed with this case?
No. He’s saying that the state has not sufficiently explained how the evidence relates to an oath. For example, we know Rudy Giuliani went to the Georgia General Assembly with John Eastman and provided false information in order to encourage these state officials to overturn the election. The theory is that violated both the federal and state constitutions.
But a prosecutor could make that claim in a number of different ways. Did they violate the Georgia Constitution’s right to vote; did they violate the equal protection clause in the U.S. Constitution? Is it the right to vote that is spelled out in Georgia’s state Constitution? Or is there some other provision of federal or state law they violated? It’s just not clear.
Could this delay the trial against Trump and his allies in Georgia?
Maybe. We will have to see. Willis can bring a new, more detailed indictment that is more in line with the state oath. I think if Willis brings another indictment on these charges, there probably won’t be a delay.
If she appeals this decision, rather than just seeking a new indictment, that might slow things down a little.
Open thread.
Judge McAfee in GA Case – No Need To PanicPost + Comments (139)





