Donald Trump’s lawyer, Alina Habba, expressed her thoughts on Judge Scott McAfee’s decision to dismiss three charges against the former president in the Georgia election interference case.
Trump, along with 18 co-defendants, faced a grand total of 41 counts in August. They were indicted for allegedly conspiring to overturn President Joe Biden’s 2020 election victory in Georgia. The investigation, spearheaded by Fulton County District Attorney Fani Willis, had been ongoing for several years. Trump has maintained his innocence and pleaded not guilty to all charges, asserting that the case is driven by political motives.
In a recent ruling, Judge McAfee presided over the racketeering case and dismissed six counts from the indictment. Among these were three counts that accused Trump of trying to persuade former Georgia House Speaker David Ralston and Georgia Secretary of State Brad Raffensperger to violate their oaths of office.
In the ruling, McAfee determined that the allegations lacked sufficient detail and stated that the absence of essential legal elements was detrimental to the case.
During an interview with Fox News’ The Story with Martha MacCallum, Habba expressed his opinion on the judge’s decision to dismiss the three charges, stating that he viewed it as a positive and encouraging development.
On Wednesday, Newsweek contacted Habba’s office and the Fulton County court via email to request a comment.
“I think all the charges should have been dropped, and that would have been the right thing to do. However, it’s a small step in the right direction. It highlights the incompetence of the prosecutors involved in this case. We are well aware of their sloppy work. Most importantly, these charges should not have been brought in the first place,” expressed Habba.
Habba then highlighted the ethics violation that Willis could potentially face due to her connection with special prosecutor Nathan Wade.
Habba added that, ultimately, the prosecutor’s ethical obligations and her ability to continue handling the case were under scrutiny. He expressed confidence in the judge’s ability to make the appropriate decision and regarded the proceedings as a positive step forward.
Willis is still being urged to step down from the case due to ongoing controversy. In a recent two-day hearing, she provided testimony in response to allegations made by her co-defendant, Michael Roman, a former Trump staffer, claiming that she had engaged in a romantic relationship with Wade. Furthermore, it was claimed that both of them had profited financially from public funds.
Within a span of two weeks, McAfee will make a crucial decision regarding the removal of Willis from the case.
In response to the court’s decision to dismiss certain charges from the indictment, Habba expressed his thoughts. “The court made the right legal decision in quashing these significant counts,” he stated. Steve Sadow, Trump’s lead defense counsel in the Georgia case, also shared a similar sentiment in an email statement to Newsweek.
According to Sadow, the ruling correctly applied the law since the prosecution did not provide any specific allegations of wrongdoing related to those counts. He further argues that the entire prosecution of President Trump is politically motivated and amounts to election interference, thus warranting its dismissal.
Legal analyst Glenn Kirschner, a staunch critic of Trump and former federal prosecutor, commented on the ruling by Judge McAfee in the Georgia case. Kirschner emphasized that despite the ruling, Trump still faces 10 felony charges and described the case as a “marathon, not a sprint.” He expressed his view that the ruling was “not a good look” for Willis, but also noted that there is still room for remedy.
Willis’ office has the option to refile the counts or appeal McAfee’s ruling.