Fulton Superior Court Judge Scott McAfee on Wednesday struck down six counts of the August indictment that alleged felony conduct by former President Donald Trump and 18 others, saying they lacked sufficient detail.
In a nine-page ruling, McAfee dismissed counts lodged against Trump, former New York City Mayor Rudy Giuliani, lawyer [John] Eastman, former White House Chief of Staff Mark Meadows and attorneys Ray Smith and Bob Cheeley.
Many of the charges relate to allegations that defendants illegally urged Georgia elected officials, including Secretary of State Brad Raffensperger, then-House Speaker David Ralston and members of the General Assembly to violate their oaths of office by convening a special session of the Legislature to appoint pro-Trump electors.
“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,” McAfee wrote. “However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
McAfee said the six counts contain “all the essential elements of the crimes” but don’t provide enough detail regarding the alleged felonies committed. “They do not give the Defendants enough information to prepare their defenses intelligently,” he added.
All of the remaining defendants are still under indictment for racketeering and other various offenses. McAfee noted, “This does not mean the entire indictment is dismissed.”
The order is here.