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3 Trump Counts Dropped Because ‘Felony’ Not Specified

A judge on Wednesday dismissed three criminal charges against former President Donald Trump in Georgia because District Attorney Fani Willis failed to specify the felonies he was seeking from public officials.

As Breitbart News noted at the time, when Willis indicted Trump and 18 co-defendants, three of the counts included “inciting violation of oath by a public official.” He was charged with a lesser charge and faced up to three years in prison.related section Georgia criminal law states that solicitation constitutes a “felony.”Problem: Original indictment In fact, it’s pretty vague as to what that “felony” is.

Willis, along with other Democrats and commentators, believes that Trump’s efforts to challenge the election results are an “attack on democracy and the Constitution.”

However, these are opinions, not specific criminal charges.

As Judge Scott McAfee of Fulton County Superior Court I have written In an order dismissing the solicitation charge, it stated:

The court’s concern is not that the state is not alleging sufficient conduct by the defendants, but rather that the state is alleging that the defendants have acted profusely. However, in the opinion of the signatories, the lack of detail regarding important legal elements is fatal. As written, these…charges contain all the essential elements of the crime, but do not allege sufficient detail about the nature of the commission, i.e., solicitation of the underlying felony. . …The defendant may have violated the Constitution, and thus the statute, in dozens, if not hundreds, of different ways, and the defendant has not been provided with enough information to intelligently prepare a defense. not.

Trump still faces all other charges in the indictment. Judge McAfee is expected to rule by the end of the week on whether Willis can remain on the case following his alleged affair with fellow prosecutor Nathan Wade.

Joel B. Pollack is a senior editor at Breitbart News. Breitbart News Sunday Sunday nights from 7:00 PM to 10:00 PM ET (4:00 PM to 7:00 PM PT) on Sirius XM Patriot. He is the author of a new biography, Rhoda: “Comrade Cadderly, you are abnormal.”. He is also the author of a recently published e-book. Neither Free nor Fair: The 2020 US Presidential Election. He is the recipient of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter @joelpolak.

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