Georgia Judge Denies Pro-Trump Attorneys’ Motions Seeking to Dismiss RICO Charges, Clearing Way for Trial Start on Friday

Fulton County Superior Court Judge Scott McAfee on Tuesday denied a slate of motions by Kenneth Chesebro and Sidney Powell seeking dismissal of the charges they face in the Georgia election-racketeering case, clearing the way for the two pro-Trump lawyers' trial to begin at the end of this week.

McAfee's order applies to 11 separate motions filed by Chesebro and Powell in recent weeks in which they sought to challenge the charges against them on a variety of grounds.

Powell and Chesebro have pleaded not guilty to seven state felony counts against them in the election-racketeering indictment that also included charges against former President Donald Trump and 16 others.

"After reviewing the law, record, and parties’ arguments, and finding that each challenged count is facially sound as alleged, the motions are DENIED," McAfee wrote in his 18-page order.

The judge wrote that none of the arguments made by Chesebro or Powell justified dismissing the charges against them before trial.

While Chesebro argued the racketeering charge should be dismissed because there was no allegation of pecuniary gain from his activities, McAfee wrote that the relevant statutes “make no mention of pecuniary gain as an element of the crime.”

Chesebro also tried to argue that the application of the racketeering law in the case betrayed “legislative intent” —  what lawmakers wanted the law to do. His attorneys tried to introduce testimony from a former Georgia state senator to that effect, but McAfee wasn’t buying it.

“The opinion of former State Senator Chuck Clay… is an interesting historical tangent,” McAfee wrote, adding: “But this and other arguments made by the Defendant as indicative of legislative intent have absolutely no bearing.”

McAfee pointed out that Clay’s “subjective view” of the law was just one of hundreds of lawmakers involved in drafting it.

“At a minimum, approximately 120 elected legislators and the assent of a Governor were required to pass the amendment, and determining their collective intent is a pointless exercise,” he wrote. 

The two co-defendants had also argued that the racketeering charge – also known as the Racketeer Influenced and Corrupt Organizations Act, or RICO – should be dismissed because the actions alleged in the indictment were not continuous.

McAfee did not find that argument convincing, noting that the continuity requirement is not the same in Georgia’s RICO statute as it is in federal RICO law. 

“Continuity is not a term found in the Georgia RICO statute, instead originating from the United States Supreme Court’s analysis of federal RICO,” he wrote.

Powell also argued in a motion that racketeering charges require prosecutors to show that the defendants were part of an “enterprise” and that Fulton County District Attorney Fani Willis’ office did not adequately define the alleged “enterprise.” McAfee wrote that that argument “lacks merit.”

McAfee had signaled that he would not dismiss charges against the co-defendants before trial during hearings on several of the motions last week.

One outstanding motion to dismiss the indictment by Chesebro’s team, relying on a First Amendment argument, remains outstanding. McAfee indicated in his Tuesday ruling that he would address it in a separate order. McAfee’s order Tuesday denied a separate motion by Powell that also made a First Amendment argument.

Jury selection for the trial of Chesebro and Powell is currently scheduled to begin Friday. The two former Trump election attorneys are facing trial ahead of the other defendants after requesting expedited proceedings under Georgia's Speedy Trial Act.