How Fani Willis Will Strike Back Against Donald Trump

Fulton County District Attorney Fani Willis is likely to refile three charges against former President Donald Trump that were dismissed by a judge on Wednesday, according to a number of legal experts.

Judge Scott McAfee quashed three counts related to allegations that Trump attempted to solicit former Georgia House Speaker David Ralston and Georgia Secretary of State Brad Raffensperger into breaking their oaths of office in a bid to overturn the 2020 presidential election result in the state. During a phone call with Raffensperger, Trump said: "I just want to find 11,780 votes" to flip the state in his favor. In August, Trump, who was charged along with 18 co-defendants, pleaded not guilty to 13 counts.

Referring to the three charges he dismissed, McAfee wrote that "the lack of detail concerning an essential legal element is, in the undersigned's opinion, fatal."

In a post on X, formerly Twitter, professor Anthony Michael Kreis, who teaches at the Georgia State College of Law, predicted Willis will amend and then refile the three charges.

He wrote: "Fani Willis has a habit of swinging back hard... I have a hard time believing she won't be back with perfected indictments just to prove a point.

"I think Judge McAfee made the correct call here. These charges were lacking in the constitutional theory animating them. So, let's see what happens but I have a suspicion there will be a second bite at the apple had."

Professor Randall Eliason, a legal expert at George Washington University, shared Kreis' X post, adding: "As a general prosecutor rule, if you thought the charge was important enough to bring in the first place, and the problem can be fixed relatively easily, there's usually little reason you wouldn't fix it."

Lawyer and legal commentator Tristan Snell, who was involved in the legal case against Trump University, also said the charges are likely to be refiled and suggested the judge is trying to make any verdict watertight.

He wrote: "No, Fani Willis's case against Trump has NOT been destroyed. Judge McAfee made it crystal clear that Willis can re-file, adding more details.

"He's just covering himself — making sure he can't be overturned on appeal after Trump and his cronies get convicted. Because they will be."

Newsweek has contacted Fulton County District Attorney's Office, Trump attorney Alina Habba and representatives of his 2024 presidential election campaign for comment by email.

Appearing on Fox News shortly after McAfee's ruling, Habba welcomed the decision as a "step in the right direction."

"I wish all the counts had been dropped because that's probably what should have been," she said. "I mean, at least it's a step in the right direction.

"It goes to the sloppiness of, frankly, the prosecutors down there. We know that's the case, and more importantly that they should have not been brought in general."

McAfee is expected to rule in the coming weeks on whether to remove Willis and special prosecutor Nathan Wade, whom she appointed, from the case over claims the pair had an inappropriate romantic relationship. She is also facing an investigation by the Republican-controlled Georgia state Senate over her activities with Wade, though both continue to deny wrongdoing.

Trump is facing three other criminal trials over allegations he orchestrated the payment of hush money to an adult film actress, mishandled classified documents and broke the law attempting to overturn Joe Biden's 2020 election win on a nationwide basis. He pleaded not guilty to all counts and said the cases are part of a bid to disrupt his 2024 presidential campaign. Trump is the presumptive Republican nominee.