Fani Willis 'has a habit of swinging back hard' and will refile Trump charges: professor

Fulton County District Attorney Fani Willis appears before Judge Scott McAfee for a hearing in the 2020 Georgia election interference case at the Fulton County Courthouse on November 21, 2023 in Atlanta, Georgia.

After three of the charges she leveled against Donald Trump in his Georgia election interference case were thrown out by a judge, Fulton County District Attorney Fani Willis is likely to update and refile them, according to a legal expert.

Earlier this week, Judge Scott McAfee dropped a total of six charges in the case, including three accusing Trump of soliciting Georgia's former House Speaker David Ralston and Secretary of State Brad Raffensperger to tip the 2020 presidential election in his favor. Trump was charged along with 18 co-defendants and has pleaded not guilty to 13 counts.

According to Georgia State College of Law professor Anthony Michael Kreis, Willis is likely to update and refile the charges.

"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," he wrote in a post to X.

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Kreis went on to say that he agreed with McAfee's ruling, saying he "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," Kreis wrote.

Doubling down on Kreis' post was George Washington University professor Randall Eliason, who shared Kreis' post and added, "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 agreed, writing that Willis's case against Trump "has NOT been destroyed."

"Judge McAfee made it crystal clear that Willis can re-file, adding more details," Snell wrote, adding that McAfee is "just covering himself — making sure he can't be overturned on appeal after Trump and his cronies get convicted. Because they will be."

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