Sadow said in a statement Thursday that he respectfully disagreed with McAfee’s order but could potentially raise the issue again later.
The Georgia case is one of four criminal trials pending against Trump and he has pleaded not guilty in each of them. He previously tried to have Fulton County District Attorney Fani Willis removed from the case because of her relationship with another prosecutor, but only special prosecutor Nathan Wade had to resign.
Trump and 18 co-defendants were charged with a racketeering conspiracy that tried to steal the 2020 election by urging state officials to overturn the results. Four of the co-defendants have pleaded guilty and the rest await trial.
The indictment alleges defendants Rudy Giuliani, Ray Smith and Robert Cheeley “knowingly and willfully made false statements” about election fraud to state lawmakers. The indictment also alleges the Trump campaign recruited Republicans – three of whom are charged in the case – to file false documents posing as presidential electors despite President Joe Biden winning the state. And the indictment alleges Trump and co-defendant John Eastman conspired to file false documents in a federal lawsuit challenging the election results.
In rejecting Trump’s request to dismiss the charges, McAfee ruled that a jury must decide whether he and other defendants acted “willfully” and “knowingly” to break the law.
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