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Fulton County Superior Court Judge Scott McAfee dismissed six charges out of the 40-count indictment in the election interference case against former President Donald Trump and his co-defendants, including three of the counts against Trump.

The ruling, which is not linked to Fulton County DA Fani Willis's (D) relationship with a special prosecutor she hired on the case – however McAfee is expected to rule on that later this week as well.

The tossed charges do not impact the RICO charge that serves as the foundation for this unprecedented prosecution.

"The Court’s concern is less that the State has failed to allege sufficient conduct of the Defendants – in fact it has alleged an abundance," McAfee wrote. "However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal."

Judge Scott McAfee presides over a hearing regarding media access in the case against former US President Donald Trump and 18 co-defendents, at the Fulton County Courthouse in Atlanta, Georgia, on August 31, 2023.
Arvin Temkar | AFP | Getty Images

McAfee also emphasized that his ruling "does not mean the entire indictment is dismissed," and preserved Fulton County's ability to seek new indictments once they supplement the charges to his satisfaction.

He also gave the state a six-month extension to resubmit the charges to a grand jury, even if the statute of limitations expires, and that he would "likely grant" a request to appeal.