The Fulton County District Attorney made an “embarrassing” error in the continuing election interference case against former President Donald Trump and his co-defendants, according to attorney and legal analyst Elie Honig.
While appearing on CNN’s Newsroom with Jim Acosta, Honig discussed Judge Scott McAfee’s recent decision to dismiss part of the allegations brought against Trump in Georgia, saying, “Look, it’s embarrassing for prosecutors.”
“It’s a screw-up by prosecutors when you bring a charge and then a judge throws it out before it even goes to trial,” Honig told the court.
The Context
Willis indicted Trump and 18 others on accusations of allegedly interfering with the state’s 2020 election. Willis claimed that Trump and others had violated Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act.
On Wednesday, McAfee dismissed six counts in the indictment, including three against the former president for allegedly persuading former Georgia House Speaker David Ralston and Georgia Secretary of State Brad Raffensperger to breach their oaths of office.
In his decision on Wednesday, McAfee stated that “the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
What We Know
Despite the ongoing case, Trump steadfastly maintains his innocence and one of his co-defendants, Michael Roman, has previously attempted to have Willis removed from the proceedings.
According to Roman, Willis was involved in a romantic relationship with Nathan Wade, a special prosecutor hired by the Fulton County District Attorney’s Office, while the investigation into Trump was ongoing. Both Willis and Wade testified that their relationship started after Wade was enlisted for the job.
Views
On X, formerly Twitter, legal analyst Anthony Michael Kreis said that he believes McAfee’s ruling was correct, saying: “The DA never clearly detailed the constitutional theory of why what the defendants were doing violated constitutional standards. There are numerous ways to express this, but the defendants were not given proper notice by the DA to mount a defense.”
“Judge McAfee has said the state can come back for a second bite at the apple but they must give adequate, detailed explanations in order to protect the defendants’ due process rights. This is a good thing,” Kreis added.
What’s Next
McAfee is anticipated to make a decision this week regarding the efforts to disqualify Willis from the case.
According to former federal prosecutor Jennifer Rodgers, if Willis is disqualified, it would essentially mean that the case against Trump is finished.
