Fani Willis Challenges Dismissal of Charges Against Trump Georgia Election Case

Fulton County DA Fani Willis files cross appeal against dismissed charges in Trump election interference case, challenging lack of specificity.

Fulton County District Attorney Fani Willis has taken action by filing a notice of cross appeal against a recent decision made by Fulton County Superior Court Judge Scott McAfee. This decision dismissed several charges against former President Donald Trump and his codefendants due to a lack of specificity in the charges.

The appeal comes after Judge McAfee's ruling on March 13, which resulted in the quashing of six counts in the indictment against President Trump and others. These counts included allegations that the defendants solicited public officials to violate their oaths of office in an attempt to influence the outcome of the 2020 presidential election.

The State's cross appeal, filed within the necessary 15-day window following the initial notices of appeal from the defendants, aims to challenge Judge McAfee's decision to dismiss the counts in question. The notice of cross appeal was submitted by Ms. Willis, Chief Senior Assistant District Attorney F. McDonald Wakeford, and Deputy District Attorney John W. Wooten.

This filing is a response to the defendants' appeal of a previous decision in which Judge McAfee ruled against disqualifying Ms. Willis from the case due to a romantic relationship with former special prosecutor Nathan Wade.

President Trump and the other defendants were granted permission to file an appeal by Judge McAfee on March 20, and their application for an interlocutory appeal was approved by the Court of Appeals on May 8. Following this, the defendants began filing their notices of appeal between May 10 and May 17, which then allowed the state to file a cross-appeal.

The judge removed six charges from the original indictment, which involved allegations of soliciting officials to violate their oaths of office. These charges were related to a phone call from President Trump to Georgia Secretary of State Brad Raffensperger. Judge McAfee noted that while the indictment detailed the alleged conduct of the defendants, it lacked the necessary detail regarding the exact terms of the oaths that were allegedly violated.

The remaining charges include a RICO charge for Mr. Meadows and varying counts for President Trump, Mr. Giuliani, Mr. Smith, Mr. Cheeley, and Mr. Eastman. The judge clarified that the RICO charge remains, and the indictment as a whole has not been dismissed.

In his ruling, Judge McAfee emphasized that the removal of these charges was essential to protect the due process rights of the defendants. He noted that the charges were too vague as they did not specify the exact oaths that were allegedly solicited to be violated.

The judge allowed prosecutors to seek indictment for the six dismissed counts again within a six-month deadline to resubmit to a grand jury. He also mentioned that the state may seek review of his decision, as there is a lack of precedential authority in this case.

Overall, Fulton County District Attorney Fani Willis's notice of cross appeal signifies a continued effort to challenge the dismissal of charges against President Trump and his codefendants. The legal proceedings surrounding this case are complex and ongoing, with both sides working to present their arguments and seek justice in the court of law.