'Dumb': Legal expert says Fani Willis would be unwise to hit Trump again
March 14, 2024
A legal expert warned Thursday that Fulton County District Attorney Fani Willis would be unwise to refile indictments against Donald Trump and his co-defendants.
The judge overseeing the case zapped six criminal counts in Georgia's sprawling RICO election subversion criminal case, including three directed against Trump.
Willis is now considering if she will refile them.
Judge Scott McAfee decided in a 9-page court filing that the charges he dismissed, which involved soliciting state officials to violate their oaths of office, were worded too ambiguously.
"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," according to the papers.
Atlanta defense attorney Andrew Fleischman suggested it would be "dumb" of Willis to take another try.
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"If she reindicts, that would be a big mistake because that would offer an opportunity for people to ask to be re-arraigned," he told Salon.
The concern would be the game board changes with re-arraignments, opening up more pathways for parties to introduce evidence and file new motions that may have previously been limited or capped.
McAfee's tossed charges relate to the infamous taped phone call when then-President Trump leaned on Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021 to find more votes to flip the state from Biden to him.
“All I want to do is this. I just want to find 11,780 votes, which is one more than we have,” Trump said.
Trump and at least 12 others are charged with conspiring to flip his 2020 election defeat in the state.
He has pleaded not guilty.
Willis is awaiting an imminent ruling by McAfee on whether or not she and her prosecuting team can remain on the case or be disqualified based on allegations she committed misconduct by hiring special prosecutor Nathan Wade, with whom she had a romantic relationship.
McAfee has signaled he has a decision is imminent.