Trump Subversion Case: GA Judge Quashes 6 Counts In Indictment: Report

ATLANTA, GA — Fulton Superior Court Judge Scott McAfee dismissed six counts against former President Donald Trump and others in a racketeering and election subversion case due to a lack of detail, the Atlanta Journal-Constitution reported Wednesday.

The counts were also dismissed against former New York Mayor Rudy Giuliani, former White House Chief of Staff Mark Meadows and attorneys Ray Smith, John Eastman and Robert Cheeley, according to a nine-page ruling shared by the AJC.

McAfee rejected six counts of solicitation of violation of oath by public officer against the defendants.

"This does not mean the entire indictment is dismissed. The State may also seek a re-indictment supplementing these six counts," McAfee wrote in the ruling Wednesday.

Trump, a Republican, has been accused of trying to interfere with the 2020 presidential election, during which he lost the race to current Democratic President Joe Biden. McAfee's ruling comes less than a day after both Trump and Biden presumably clutched victories in the 2024 Georgia presidential preference primary.

McAfee said the charges stem from an allegation that the six defendants solicited Georgia senators and then-Speaker of the House David Ralston to illegally appoint presidential electors.

Smith and Giuliani were accused of soliciting Georgia House representatives to do the same.

Trump and Meadows were suspected of requesting that Georgia Secretary of State Brad Raffensperger illegally influence certified election returns in January 2021. This comes after Trump was accused of asking Raffensperger to decertify the election, McAfee wrote in his ruling.

"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. 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," McAfee wrote in the ruling.

State prosecutors are allowed to appeal McAfee's decision, which he said "the Court would likely grant due to the lack of precedential authority."

Trump and 18 top-ranking officials, including Georgia Sen. Shawn Still, were indicted on Aug. 14 by a Fulton County grand jury on racketeering charges. Some of the defendants are accused of impersonating a police officer, acting as fake electors and trying to access a Coffee County voting machine to change votes.

The former president was charged in the initial indictment on suspicion of violation of the Racketeer Influenced and Corrupt Organizations Act, three counts of solicitation of violation of oath by public officer, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and false statements and writings.

He surrendered to the Fulton County Jail on Aug. 24 and was released on a $200,000 bond, using Lawrenceville's Foster Bail Bonds.

RELATED: Rudy Giuliani Surrenders At Fulton Jail On RICO Charges

Additionally, charges in the initial indictment were as follows:

• Giuliani: charged on suspicion of violation of the RICO Act, three counts of solicitation of violation of oath of office by public officer, three counts of false statements and writings, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings and conspiracy to commit filing false documents.
• Smith: charged on suspicion of violation of the RICO Act, three counts of solicitation of violation of oath of office by public officer, two counts of false statements and writings, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings and conspiracy to commit filing false documents.
• Eastman: charged on suspicion of two counts of first-degree conspiracy to commit forgery, solicitation of violation of oath of office by public officer, conspiracy to commit impersonating a public officer, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and violation of the RICO Act.
• Meadows: charged on suspicion of violation of the RICO Act and solicitation of violation of oath by public officer.
• Cheeley: charged on suspicion of violation of the RICO Act, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, solicitation of violation of oath of office by public officer, false statements and writings and perjury.

RELATED: Mark Meadows Pleads Not Guilty In Fulton RICO Case: Reports

Trump has maintained his innocence throughout his indictment, contending the Georgia case against him has "no basis" and calling the case a "witch hunt."

He has pleaded not guilty and waived a formal arraignment in the case.