What Judge McAfee dismissing counts against Trump in Georgia really means

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

Judge Scott McAfee has ruled in Georgia — but not in the disqualification decision we’ve been waiting for. Rather, the judge overseeing the Donald Trump election case in Fulton County dismissed six counts in an unrelated order on Wednesday. But while dismissal sounds dramatic, this latest order might not ultimately have much effect on the case against Trump and others. Importantly, the initial 41-count indictment itself, including the powerful RICO charge, isn’t dismissed.

“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,” the judge wrote. Crucially, he pointed out that his ruling doesn’t apply to the corresponding conduct alleged in the racketeering charge. That’s one of the reasons that his ruling doesn’t doom the case. The state has some options for how to react.

 

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