"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. 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. Kimbrough, 300 GA at 884. They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways. id. at 882. Under the standards articulated by our appellate courts, the special demurrer must be granted and Counts 2,5,6, 23, and 38 be squashed."
throw a bunch of BS on the wall & hope something sticks?
🚨 BREAKING: Judge Scott McAfee tosses the “find me the votes” Georgia phone call charge, effectively GUTTING the RICO case against Trump.
https://twitter.com/RaheemKassam/status/1767925432282681674
MarQ
excerpt from Judge McAfee’s opinion:
“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. 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. Kimbrough, 300 GA at 884. They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways. id. at 882. Under the standards articulated by our appellate courts, the special demurrer must be granted and Counts 2,5,6, 23, and 38 be squashed.”
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Can someone translate this so that simple minded non-legal people like me know what he is saying? How can he say there is evidence against the defendants? I can’t even remember what Trump or anyone else was charged with.