The phone conversation between Georgia Secretary of State Brad Raffensperger and former President Donald Trump in January 2021, central to the criminal allegations in the RICO case against Trump, has been dismissed by Judge McAffee presiding over the trial.
McAffee dismissed six charges in total, including three against Trump himself, as reported by The Post Millennial. The judge argued that while the charges included all essential elements of the alleged crimes, they lacked sufficient detail regarding their execution.
The crucial “find the votes” call formed the basis for count 28 against Trump.
BREAKING: Fulton County Superior Judge Scott McAfee has dropped six counts in the Georgia criminal election interference case against former President Donald Trump and five other defendants, writing:
— Charlie Kirk (@charliekirk11) March 13, 2024
"The lack of detail concerning an essential legal element is, in the… pic.twitter.com/xngpojna0i
In the hour-long dialogue, Trump was recorded stating, “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”
While Trump’s legal team had requested a recount in the state, accusations against the former president contended that he pressured Raffensperger to invent votes, effectively manufacturing ballots where none previously existed.
“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,” wrote McAfee in the ruling.
One of the charges dismissed, Solicitation of Violation of Oath by a Public Officer, accused Trump and Mark Meadows of unlawfully urging Georgia Secretary of State Brad Raffensperger to engage in behavior constituting the felony offense of Violation of Oath by a Public Officer.
In January 2021, Trump addressed the call, stating on X, formerly Twitter, “I spoke to Secretary of State Brad Raffensperger yesterday about Fulton County and voter fraud in Georgia. He was unwilling, or unable, to answer questions such as the ‘ballots under table’ scam, ballot destruction, out-of-state ‘voters,’ dead voters, and more. He has no clue!”
I spoke to Secretary of State Brad Raffensperger yesterday about Fulton County and voter fraud in Georgia. He was unwilling, or unable, to answer questions such as the “ballots under table” scam, ballot destruction, out of state “voters”, dead voters, and more. He has no clue!
— Donald J. Trump (@realDonaldTrump) January 3, 2021
McAffee emphasized that the dismissal “does not imply the complete dismissal of the indictment,” thus allowing the Fulton County district attorney’s office the option to pursue reindictment after refining the charges.
However, prosecutors would need to provide more precise details in any new charges they bring forth.
McAffee also mentioned that prosecutors can still utilize the purported “overt” actions, like the Raffensperger phone call, in a trial involving other charges.
The judge is presently considering whether Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade should be disqualified from the case due to their disclosed romantic relationship, which Trump and other defendants contend has created a conflict of interest.
As of the current moment, no trial date has been scheduled for Trump in this case.
