Georgia's Fulton County District Attorney Fani Willis is seeking to reinstate three criminal charges against President Trump the judge previously dismissed.
Last year, Willis indicted Trump on 13 felony charges related to election subversion, one of four criminal indictments against him. However, in March, Fulton County Superior Court Judge Scott McAfee dismissed six charges against Trump and his co-defendants, including three against Trump, citing a “lack of detail concerning an essential legal element.”
Willis on Thursday filed a notice of cross-appeal to challenge McAfee's ruling.
Although the notice does not present any legal arguments for overturning the initial decision, Georgia law permits prosecutors to file appeals if a defendant has filed an appeal first.
The previously dismissed charges involve accusations that Trump and his co-defendants attempted to persuade public officials to “overturn” the 2020 election.
The dismissed charges pertained to Solicitation of Violation of Oath by Public Officer. President Trump and his co-defendants had argued that these counts were legally deficient, leading to a favorable ruling for Trump. Many of the dismissed counts alleged that the men unlawfully asked Georgia election officials to convene a special legislative session and appoint pro-Trump electors.
Three of these dismissed counts directly named Trump, alleging that he solicited Georgia Secretary of State Brad Raffensperger to “influence the certified election results” during a notorious phone call in which Trump asked him to “find” more votes. McAfee noted that prosecutors could pursue a new indictment on the dismissed charges.
The Georgia Court of Appeals agreed earlier this month to consider Trump's appeal against McAfee's ruling that allowed Willis to remain on the case. At the time, Trump attorney Steve Sadow stated that “Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”
