• a lil bee 🐝@lemmy.world
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    10 months ago

    It’s important to note that this was not an exoneration, but rather more procedural. The judge’s argument is that the charges brought are not specific enough as to what elements of their oaths were broken. Now, the prosecutors will either have to drop those charges or refile them in front of a grand jury with more specific charges. The racketeering charges remain and are unaffected by this ruling.

    We also still haven’t heard anything on the removal of the prosecutor for an alleged inappropriate relationship. This case is a clusterfuck.

    • Optional@lemmy.world
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      10 months ago

      The alleged inappropriate relationship, which was it’s own box of mess all on its own still never indicated why that was prejudicial to the case.

      Y’know - the main point of brining it up? Unless the whole point was to create smoke and noise to delay and obfuscate. Or else they just got in there and then - didn’t have anything.

      • a lil bee 🐝@lemmy.world
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        10 months ago

        It’s one of those things where it’s obviously intended to derail the case, but I’m still pretty upset with everyone involved for leaving themselves open to this. When you shoot for the king, you better not miss. If you’re not interested in being a super clean goody-goody, don’t take this job. It’s part of the obligations for the important job you chose to do.

        But yeah, agreed. I don’t think the defense’s argument is that it would be prejudicial to their case, but rather just arguing that there is other incentive for the prosecutor to be removed. Having the lead prosecutor removed just completely screws a case in the short term.

    • xmunk@sh.itjust.works
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      10 months ago

      It’s also important to realize that this is how our justice system works. Participants will rarely file a single charge if there are thirty that may apply - it’s essentially free to file those 29 extra charges and it’s extremely punishing if you file one and choose poorly. The early stages of trial are throwing everything at the wall and seeing what sticks.

  • CM400@lemmy.world
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    10 months ago

    This seems like lazy reporting in an effort to be first…

    “On its own, the United States Constitution contains hundreds of clauses, any one of which can be the subject of a lifetime’s study,” McAfee wrote.

    Why is this included? It seems like it would be important to the story, but there’s no context or explanation…

    • ChocoboRocket@lemmy.world
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      10 months ago

      Full quote for visibility

      "Defense lawyers for Trump and the others argued, among other things, that the indictment charging them with that specific count did "not detail the exact term of the oaths that are alleged to have been violated,” McAfee noted in his order.

      McAfee agreed, saying that the language in the indictment accusing the defendants of soliciting elected officials to violate their oaths to the U.S. and Georgia constitutions “is so generic as to compel” dismissal of the charges."

      I understand dismissing a charge of “failure to uphold and oath” when the accuser cannot establish which part of an oath was broken through specific actions in a legal case.

      I’m not exactly familiar with the law, or the oath in question.

      Hopefully oaths become more legally binding with updated, specific, terminology and do away with generic, vague platitudes that are entirely open to interpretation.

  • ganksy@lemmy.world
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    10 months ago

    Judge Scott McAfee appointed by Georgia Governor Brian Kemp. In case you were wondering.

    • a lil bee 🐝@lemmy.world
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      10 months ago

      I might catch flak for this here, but I have watched a lot of the televised proceedings in this case and I think Judge McAfee has been more than fair so far in this case. This sucks but it is a legitimate procedural issue and a judge has to rule on these things. Frankly, I’m disappointed in the prosecution at this point. Between this and the relationship allegations, they have let multiple outside factors interfere in what might have been the best case against Trump for his election interference.