Jonathan Turley Explains Why Fani Willis’ RICO Case Against Trump in Jeopardy After Judge Dismisses 6 Counts

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Written By Maya Cantina

Fulton County Superior Court Judge Scott McAfee on Wednesday dismissed 6 charges in Fani Willis’ bogus RICO case against Trump and his associates.

In August Fulton County District Attorney Fani Willis hit President Trump and 18 others with RICO and conspiracy charges for daring to challenge the 2020 election.

A Fulton County grand jury returned a 41-count indictment which included RICO and conspiracy charges against Trump.

On Wednesday Judge McAfee quashed 6 counts in Fani Willis’ indictment – including 3 counts against President Trump.

According to the ruling:

  • Count Two alleges that multiple Defendants solicited elected members of the Georgia Senate to violate their oaths of office on December 3, 2020, by requesting or importuning them to unlawfully appoint presidential electors;
  • Count Five alleges that Defendant Trump solicited the Speaker of the Georgia House of Representatives to violate his oath of office on December 7, 2020, by requesting or importuning him to call a special session to unlawfully appoint presidential electors;
  • Count Six alleges that Defendants Smith and Giuliani solicited members of the Georgia House of Representatives to violate their oaths of office on December 10, 2020, by requesting or importuning them to unlawfully appoint presidential electors;
  • Count 23 alleges that multiple Defendantssolicited elected members of the Georgia Senate to violate their oaths of office on December 30, 2020, by requesting or importuning them to unlawfully appoint presidential electors;
  • Count 28 alleges that Defendants Trump and Meadows solicited the Georgia Secretary of State to violate his oath of office on January 2, 2021, by requesting or importuning him to unlawfully influence the certified election returns; and
  • Count 38 alleges that Defendant Trump solicited the Georgia Secretary of State to violate his oath of office on September 17, 2021, by requesting or importuning him to unlawfully decertify the election.

The judge in his ruling left the door open to a superseding indictment, however, this move still may not get Fani Willis her pre-election conviction since the defense is allowed discovery and time to respond to any new charges.

Judge McAfee is still weighing whether to disqualify Fani Willis and her office after it was revealed she financially benefitted from an improper relationship with Nathan Wade, the special prosecutor she hired to hunt down Trump.

Constitutional law professor Jonathan Turley explained why the judge’s decision to quash six counts of the RICO indictment severely wounded Fani Willis.

“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… The defense is allowed discovery and time to prepare for the new alleged crimes. That will take time off the clock. The court has indicated that they can still rely on the underlying conduct to make out the general racketeering charge. However, that theory was already thin soup and it just got a bit thinner,” Turley said.

Turley continued: “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.”

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