ATLANTA - Fulton County Superior Court Judge Scott McAfee has scheduled a hearing on March 28 in connection to the Georgia election interference case for one motion filed by former President Donald Trump's attorney and two motions filed on behalf of David Shafer.
This is the first hearing since McAfee's ruling on the motions to disqualify Fulton County District Attorney Fani Willis and her office from prosecuting Trump and his co-defendants in connection to alleged interference in the 2020 Georgia presidential election.
McAfee ruled at that time that either Willis or Special Prosecutor Nathan Wade would need to step aside for the case to proceed. A few hours later, Wade submitted his resignation.
After the ruling, a motion requesting a Certificate of Review was submitted and granted by McAfee, meaning the Georgia Court of Appeals will decide if it wishes to review McAfee's decision.
However, McAfee stated that he would continue handling motions as needed before the trial, which has yet to be scheduled.
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Former President Donald Trump's motion
The motion filed by Trump's team on Dec. 18 argues that the criminal solicitation counts should be demurred for failing to allege the oath of office or the portion of the oath they solicited Georgia officials to violate. Additionally, the motion claims the prosecution is attempting to violate their First Amendment rights and that the statutes are unconstitutional as applied.
David Shafer's motion
Shafer's motion requests dismissing all charges against him on the basis that his actions were lawful. Shafer, a prominent figure in Georgia's political landscape, was accused of playing a key role in organizing fake electors in the state. He claims he was trying to comply with legal counsel advice and the former federal Electoral Count Act at the time.
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Regarding the RICO charge against Shafer, the motion argues that even viewing the allegations favorably to the State, the charge is "fatally defective" for failing to establish a "pattern" of alleged racketeering activity.
Shafer also requests striking phrases like "duly elected and qualified presidential electors," "false Electoral College votes," and "lawful electoral votes" from the indictment, claiming the prosecution's indictment is riddled with conclusory legal assertions that should be addressed by the Court or the jury at trial.
Trump and his co-defendants were indicted in August 2023 after a 2-½ year investigation by the Fulton County District Attorney. Since then, 4 of the defendants have agreed to plea deals. Trump and the remaining co-defendants have pled not guilty. Six of the charges were dismissed by McAfee on March 13. However, the state has the option to re-indict the defendants on the dismissed charges if it chooses to do so. Three of those charges were against Trump.
When is the hearing
The hearing will occur at 10 a.m. in Judge McAfee's courtroom. Interested parties may attend in person or via Zoom.