Judge’s Humorous Ruling on Dismissal Request in Trump RICO Case
Judge McAfee humorously denies co-defendant Chesebro’s motion to dismiss in the Trump RICO case, highlighting Chesebro’s argument about a missing document and the lack of demonstrated prejudice or constitutional violations. (Photo:dailymail)
Legal Dispute Over Oath Requirement in Trump RICO Case
According to lawandcrime.com, in a recent development in the historic Trump RICO case against former President Donald Trump and numerous associates, Fulton County Superior Court Judge Scott McAfee humorously denied co-defendant Kenneth Chesebro’s request to dismiss the indictment against him.
Chesebro, one of the authors of the “coup memo” that sought to provide legal grounds for Trump’s continued presidency after losing the 2020 election, argued that the District Attorney’s office failed to file a necessary document before bringing the Trump RICO case, specifically, the oath of Special Assistant District Attorney Nathan Wade.
Judge McAfee refuted Chesebro’s legal arguments, pointing out that Wade’s role as a prosecutor for this particular Trump RICO case falls under an exception in Georgia law, making the oath requirement irrelevant. Even if this exception didn’t apply, Georgia law stipulates that official acts of an officer are valid regardless of the omission to take and file the oath, except in cases specifically declared otherwise. Chesebro failed to address this crucial provision in the Trump RICO case.
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Judge’s Humorous Analogy and Dismissal Decision in Trump RICO Case
McAfee’s final point humorously referenced the Monty Python “dead parrot” sketch, suggesting that Chesebro’s motion was akin to trying to revive a lifeless parrot within the Trump RICO case. The judge emphasized that Chesebro had not demonstrated how Wade’s actions had resulted in prejudice or violated his constitutional rights to the extent that would justify outright dismissal within the Trump RICO case. Consequently, the judge concluded by denying Chesebro’s motion.
Chesebro is among the 19 defendants in the Trump RICO case, which accuses Trump and his associates of conspiring to undermine the 2020 election results in Georgia. McAfee had previously rejected Chesebro’s claims of immunity and efforts to exclude some of his emails from the Trump RICO case.
