The Fulton County District Attorney’s Office plans to appeal a ruling by the judge in Donald Trump’s election interference case that dismissed some of the criminal charges against the defendants.
Fulton County Superior Court Judge Scott McAfee in March dismissed six of the counts in the sprawling indictment, including three of the 13 counts against Donald Trump. In his decision, McAfee said the allegations lacked sufficient detail about the nature of the violations.
While the dismissal left the bulk of the charges intact, McAfee’s decision was still a setback for Fani Willis.
The notice of appeal, filed by District Attorney Fani Willis, does not explain why prosecutors believe that the appellate court should reverse Judge McAfee’s ruling.
In her notice of appeal, Willis argued that Georgia law permits prosecutors to file appeals ahead of the scheduled trial if the defense had previously appealed a pre-trial ruling.
The defendants in the case previously appealed Judge McAfee’s decision not to disqualify Willis from overseeing the case due to her romantic involvement with former special prosecutor Nathan Wade. An appellate court has agreed to hear arguments on the ruling.
A grand jury indicted Donald Trump and 18 others in August last year, accusing them of participating in a plot to overturn the 2020 presidential election results in the state.
All 19 defendants were also charged under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law.
Four defendants reached plea deals with prosecutors while the others, including Donald Trump, have pleaded not guilty to the charges.
The charges dismissed by Judge McAfee involved counts of soliciting public officials to violate their oaths of office. It included the count about the now-infamous phone call between Donald Trump and Georgia Secretary of State Brad Raffensperger on January 2, 2021.
Judge McAfee left in place the other counts in the indictment, including the 10 against Trump.
In dismissing the charges, McAfee also told prosecutors that they could try to reinstate the counts by seeking a new indictment.
