Judge Scott F. McAfee, presiding over the high-profile racketeering case involving former President Donald Trump and numerous associates, displayed a touch of levity in his recent ruling.
Fulton County Superior Court Judge Scott F. McAfee firmly rejected Kenneth Chesebro’s plea to dismiss the indictment against him in his capacity as a co-defendant in the Donald Trump RICO case
Chesebro, a contributor to the contentious “coup memo,” contended that the District Attorney’s office, led by Fani Willis, failed to file the required oath for Special Assistant District Attorney Nathan Wade, thereby breaching Georgia law.
Judge Scott F. McAfee countered Chesebro’s legal assertions, pointing out that the code section in question may not be pertinent to Special ADA Wade, who was specifically engaged for this case, thus exempting him from the requirement. Even if this exception did not apply, Georgia law stipulates that an officer’s official actions remain valid even if the oath was not taken and filed, unless expressly declared otherwise.
Judge Scott F. McAfee highlighted Chesebro’s oversight in addressing this provision
Ultimately, Judge Scott F. McAfee underscored that Chesebro did not demonstrate how Wade’s actions led to prejudice or constitutional rights infringement, justifying dismissal.
Chesebro, one of the 19 defendants in the RICO case against Trump and his associates, faces allegations of plotting to subvert the 2020 election results in Georgia.
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