'Correct Legal Decision': Trump Team Responds to Dismissal of Several Charges in Fulton County Case

On Wednesday, former President Donald Trump and his codefendants scored a win — albeit a relatively minor one — in the Fulton County criminal case brought against the former president and 18 others by District Attorney Fani Willis.

Judge Scott McAfee dismissed several charges against Trump and other defendants after determining that they "fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited."

Following the ruling, Steve Sadow, Trump's lead counsel in the matter, issued a statement indicating that the Trump legal team, while pleased with the ruling, still maintains the entire case should be dismissed.

Comment of Steve Sadow, lead defense counsel for President Trump in the Fulton County, GA case:

"The Court made the correct legal decision to grant the special demurrers and quash important counts of the indictment brought by DA Fani Willis. The counts dismissed against…
— Steve Sadow (@stevesadow) March 13, 2024

"The Court made the correct legal decision to grant the special demurrers and quash important counts of the indictment brought by DA Fani Willis. The counts dismissed against President Trump are 5, 28 and 38, which falsely claimed he solicited GA public officials to violate their oath of office. The ruling is a correct application of the law, as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts. The entire prosecution of President Trump is political, constitutes election interference and should be dismissed.”

As noted, three of the counts dismissed (5, 28, and 38) are as to Trump. Count 28 also includes Trump's former Chief of Staff, Mark Meadows. The three other counts dismissed (2, 6, and 23) pertain variously to former Trump lawyers Rudy Giuliani, John Eastman, Jenna Ellis, Ray Smith III, and Robert Cheeley. (Ellis has already pleaded guilty in the case.)

In his order, McAfee noted that the prosecution may seek to reindict and supplement the six dismissed counts, though that could arguably add further delay to the already troubled case. McAfee has indicated his intention to rule sometime this week on the disqualification motions as to Willis and her office.

George Washington Law professor Jonathan Turley shared his thoughts on the dismissal on X:

Judge McAfee dismissal of the six counts presents a difficult question for the prosecution. If they try to secure a superseding indictment to correct the earlier mistakes, it will make it difficult to try the case before the election...
— Jonathan Turley (@JonathanTurley) March 13, 2024

...Part of the value of the multiplicity of counts was to convey a pattern criminality as a foundation for the more serious racketeering charges. This does not disable the case, but it adds yet another set back for the prosecution as it awaits the disqualification decision.
— Jonathan Turley (@JonathanTurley) March 13, 2024

As Turley rightly notes, "This does not disable the case, but it adds yet another set back for the prosecution as it awaits the disqualification decision."