Donald Trump’s lawyer Alina Habba on Wednesday spoke out on Judge Scott McAfee’s decision to drop three charges against the former president in the Georgia election interference case.
Trump and 18 co-defendants were indicted on a total of 41 counts in August, accused of conspiring to overturn President Joe Biden’s 2020 election win in Georgia, following a years-long investigation led by Fulton County District Attorney Fani Willis. Trump has pleaded not guilty to all charges and claims the case is politically motivated.
In a new ruling on Wednesday, McAfee, who is presiding over the racketeering case, quashed six counts in the indictment, including three counts against Trump accusing him in attempts to solicit former Georgia House Speaker David Ralston and Georgia Secretary of State Brad Raffensperger into violating their oaths of office.
McAfee ruled that the allegations were not detailed enough, finding that “the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
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In an interview with Fox News’ The Story with Martha MacCallum, Habba spoke about the judge’s decision to drop the three charges, adding that it was a “step in the right direction.”
Newsweek reached out to Habba’s office and the Fulton County court via email for comment on Wednesday.
“I wish all the counts had been dropped because that’s probably what should have been. 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,” Habba said.
Habba continued by pointing out Willis’ potential ethics violation related to her relationship with special prosecutor Nathan Wade.
“At the end of the day, we’ve got a prosecutor here who is being questioned about her own ethical obligations, her ability to even stay on this case. I’m going to defer to this judge to make the right decision, but today was a good step in the right direction,” Habba added.
Willis continues to face calls for disqualification in the case. Last month, Willis gave evidence in a two-day hearing following accusations by former Trump staffer and co-defendant Michael Roman that she was having an affair with Wade. It was also alleged the pair had benefited financially from taxpayers’ money.
McAfee will decide whether to remove Willis from the case. He has said he will make a decision within two weeks.
Habba’s comments come after Steve Sadow, lead defense counsel for Trump in the Georgia case, told Newsweek in an emailed statement on Wednesday that the court made the “correct legal decision” to quash “important counts” of the indictment.
“The ruling is a correct application of the law, as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts,” Sadow said. “The entire prosecution of President Trump is political, constitutes election interference and should be dismissed.”
Trump still faces 10 felony charges in the Georgia case. Glenn Kirschner, legal analyst for MSNBC and NBC News, staunch Trump critic and ex-federal prosecutor, wrote on X, formerly Twitter, following McAfee’s ruling that the case is a “marathon, not a sprint.” He called the ruling “not a good look” for Willis, but said that it can be remedied.
Willis’ office can refile the counts or appeal McAfee’s ruling.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.