Why Fani Failed: 3 Trump Counts Dropped Because ‘Felony’ Not Specified

The judge who threw out three criminal charges against former President Donald Trump in Georgia on Wednesday did so because District Attorney Fani Willis did not specify the felonies she said he was asking public officials to commit.

As Breitbart News noted at the time, when Willis charged Trump and 18 co-defendants, three of the counts involved allegations of “Solicitation of Violation of Oath by a Public Officer.” It was among the milder charges, with a maximum sentence of up to three years. The relevant section of the Georgia criminal code requires that the solicitation be to commit a “felony.” The problem: the original indictment is rather vague about what, in fact, that “felony” is.

Willis, like other Democrats, and members of the pundit class, are convinced that Trump’s effort to contest the election results was an “assault on democracy” and the Constitution. . .

As Judge Scott McAfee of the Superior Court of Fulton County wrote in his order dismissing the solicitation charges:

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 … 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.

(Read more from “Why Fani Failed: 3 Trump Counts Dropped Because ‘Felony’ Not Specified” HERE)

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