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lite.cnn.com - on gopher - inofficial
ARTICLE VIEW:
Fulton County DA asks appeals court to restore three election
subversion charges against Donald Trump
By Holmes Lybrand, CNN
Updated:
4:00 PM EDT, Wed October 16, 2024
Source: CNN
Fulton County District Attorney Fani Willis has in the election
subversion case against Donald Trump and his co-defendants, including
three specifically against the former president.
The court filing brings the aftermath of the 2020 presidential
election, and the effort to overturn Trump’s election defeat, back
into the spotlight as early voting begins in Georgia in the 2024
election.
In March, Judge Scott McAfee ruled that six charges in the related
to Trump and some co-defendants over the alleged solicitation of
the violation of oath by a public officer lacked the required detail
about what underlying crime the defendants were soliciting.
The counts relate to Trump and his co-defendants’ alleged efforts to
have state officials appoint a fake slate of electors for the state
following his loss in the 2020 election.
In his March decision, McAfee wrote that Willis failed to give the
defendants “enough information” to prepare their defenses.
“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,” McAfee
wrote at the time. “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.”
Despite throwing out the charges, McAfee said the alleged conduct that
was the foundation of that charge could still be used by prosecutors as
part of the Georgia racketeering case.
Willis on Tuesday responded, arguing to the appeals court that the
indictment against Trump and others had plenty of information that
would allow defendants to sufficiently prepare for their case.
“The indictment included an abundance of context and factual
allegations about the solicitations at issue,” Willis wrote in the
brief submitted Tuesday, “including when the requests were made, to
whom the requests were made, and the manner in which the requests were
made.”
Separately, the Georgia appeals court is also considering an effort
from Trump and his co-defendants to disqualify Willis from prosecuting
her 2020 election subversion case because of alleged conflicts related
to her her romantic relationship with her former special prosecutor.
Trump has pleaded not guilty to all charges.
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