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Such a reimbursement practice may be unusual and the lack of any documentary corroboration understandably concerning. Yet the testimony withstood direct contradiction, was corroborated by other evidence (for example, her payment of airfare for two on the 2022 Miami trip), and was not so incredible as to be inherently unbelievable. However, as the District Attorney herself acknowledged, no ledger exists. Other than a "best guesstimate," there is no way to be certain that expenses were split completely evenly - and the District Attorney may well have received a net benefit of several hundred dollars. Despite this, after considering all the surrounding circumstances, the Court finds that the evidence did not establish the District Attorney's receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship Page 7 23SC188947 with Wade. Simply put, the Defendants have not presented sufficient evidence indicating that the expenses were not "roughly divided evenly," or that the District Attorney was, or currently remains, "greatly and pecuniarily interested" in this prosecution. Nichols v. State, 17 Ga. App. at

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Fulton County Superior Court Judge Scott McAfee emphasized that prosecutors may refile the charges with greater detail or appeal his ruling. However, McAfee found that as written, the allegations that Donald Trump and several allies solicited Georgia officials to violate their oaths of office - in part by sending false electors to Congress - were too generic. "The lack of detail concerning an essential legal element is ... fatal," McAfee wrote.

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. However, the lack of detail concerning an essential legal element is, in the undersigned's opinion, fatal. As written, these six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited. Kimbrough, 300 Ga. at 884. They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways. Id. at 882. Under the standards articulated by our appellate courts, the special demurrer must be "The State's supplemental citation to Wiggins v. State, 272 Ga. App. 414 (2005) (vacated on other grounds by Wiggins v. State, 280 Ga. 268 (2006)) makes this a closer call, but does not change the result. The indictment in Wiggins may not have listed the specific "crime against the State" that the defendant committed in violation of his oath, but it did include enough additional detail to create a much smaller universe of possibilities, in contrast to the reference in this indictment incorporating the entirety of both the state and federal constitutions. Page 7 of 9 23SC188947 granted, and Counts 2, 5, 6, 23, 28, and 38 quashed.89

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Such a reimbursement practice may be unusual and the lack of any documentary corroboration understandably concerning. Yet the testimony withstood direct contradiction, was corroborated by other evidence (for example, her payment of airfare for two on the 2022 Miami trip), and was not so incredible as to be inherently unbelievable. However, as the District Attorney herself acknowledged, no ledger exists. Other than a "best guesstimate," there is no way to be certain that expenses were split completely evenly - and the District Attorney may well have received a net benefit of several hundred dollars. Despite this, after considering all the surrounding circumstances, the Court finds that the evidence did not establish the District Attorney's receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship Page 7 23SC188947 with Wade. Simply put, the Defendants have not presented sufficient evidence indicating that the expenses were not "roughly divided evenly," or that the District Attorney was, or currently remains, "greatly and pecuniarily interested" in this prosecution. Nichols v. State, 17 Ga. App. at

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