‘The trial court does not have the authority’: Lawyer Sidney Powell loses bid to dismiss indictment in Georgia RICO case

Fulton County Superior Judge Scott McAfee.

Fulton County Superior Judge Scott McAfee during a motions hearing on Oct. 5, 2023. (Law&Crime Network)

A Georgia judge on Thursday denied a motion by so-called “Kraken” lawyer Sidney Powell to dismiss the racketeering (RICO) and other charges she faces in Fulton County, telling her defense attorney that the trial court lacks the procedural authority to issue such relief.

Fulton County Superior Court Judge Scott McAfee appeared receptive to some of the claims and arguments advanced during the motions hearing by Powell’s attorney, Brian Rafferty, and suggested the defense had laid out a compelling case. The judge said he was bound, in the end, to let the disputed facts be decided by a jury.

Powell notched a smaller victory on an earlier-filed motion that accused the prosecution of failing to turn over potentially exculpatory evidence to the defense. McAfee said he would issue an order directing prosecutors to “double- and triple-check” their files so that there were no issues over Brady material during the trial.

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