Judge dismisses three counts against Trump in Georgia election criminal case, others still remain

A deem on Wednesday dismissed six counts in the Georgia criminal election interference case against former President Donald Trump and five other defendants, bring up that the indictment against them failed to sufficiently explain the basis for those specific charges.

But other ruffian counts against Trump and the defendants remain after the order by Judge Scott McAfee.

The dismissed counts had accused Trump and the others of the wrong of solicitation of violation of oath by a public officer.

The counts related to efforts by the defendants to get members of Georgia’s legislature and the secretary of structure to delegitimize the election victory of President Joe Biden over Trump in the state’s 2020 contest.

Defense lawyers for Trump and the others debated, among other things, that the indictment charging them with that specific count did “not detail the strict term of the oaths that are alleged to have been violated,” McAfee noted in his order.

McAfee agreed, saying that the diction in the indictment accusing the defendants of soliciting elected officials to violate their oaths to the U.S. and Georgia constitutions “is so generic as to compel” release of the charges.

“The Court’s concern is less that the State has failed to allege sufficient conduct of the Defendants — in fact it has designated an abundance,” McAfee wrote. “However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fateful.”

The judge said the indictment contains all of the essential elements of the alleged crimes, but “fail to allege sufficient detail regarding the feather of their commission, i.e., the underlying felony solicited.”

The judge added, “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have on the agenda c trick violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways.”

“On its own, the United States Constitution contains hundreds of clauses, any one of which can be the subdue of a lifetime’s study,” McAfee wrote.

In addition to Trump, the other defendants who had solicitation counts disregarded were Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith and Robert Cheeley.

Trump, who on Tuesday concluded the Republican presidential nomination, was charged with three of the dismissed solicitation counts.

One of the counts was related to his effort to get the spieler of the Georgia House of Representatives to convene a special session to unlawfully appoint presidential electors who would cast ballots for him in the Electoral College.

Another of the think no more ofed counts accused Trump and his White House chief of staff Meadows of asking Georgia’s secretary of state to unlawfully hold the certified election returns. The third tossed count accused Trump of asking the secretary of state to decertify the selection.

Steve Sadow, Trump’s lead lawyer in the case, in a statement to NBC News, said, “The Court made the correct licit decision to grant the special demurrers and quash important counts of the indictment brought by [Fulton County District Attorney] Fani Willis.”

“The ruling is a correct application of the law, as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts,” Sadow held. “The entire prosecution of President Trump is political, constitutes election interference, and should be dismissed.”

A spokesman for Willis, who is carry oning Trump, declined to comment to CNBC.

McAfee is expected to rule within days on a motion seeking to disqualify Willis from the chest because of her romantic relationship to the special prosecutor she hired to investigate Trump and the other defendants.

— Additional reporting by CNBC’s Kevin Breuninger.

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