BREAKING: Georgia Judge tosses ‘Find the Votes’ phone call charge in Trump case

The counts, McAffee said, "contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission."

The phone call formed the basis for count 28 against Trump. During the hour long call, Trump said "So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state."

It was alleged in the conspiracy case against him that Trump was telling Raffensperger to manufacture votes, to create votes where none existed before. Trump's attorneys called for a recount in the state.

Trump later added, "So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state," adding that "There’s no way I lost Georgia. There’s no way. We won by hundreds of thousands of votes."

"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," McAfee wrote in the ruling.

"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."

Trump spoke about the call, saying "I spoke to Secretary of State Brad Raffensperger yesterday about Fulton County and voter fraud in Georgia. He was unwilling, or unable, to answer questions such as the “ballots under table” scam, ballot destruction, out of state “voters”, dead voters, and more. He has no clue!"

That count, Solicitation of Violation of Oath by a Public Officer, alleged that Trump and Mark Meadows, "individually and as persons concerned in the commission of a crime, and together with unindicted co-conspirators , in the County of Fulton and State of Georgia, on or about the 2nd day of January 2021, unlawfully solicited, requested, and importuned Georgia Secretary of State Brad Raffensperger, a public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Officer, O.C.G.A. 16 10-1, by unlawfully altering, unlawfully adjusting, and otherwise unlawfully influencing the certified returns for presidential electors for the November 3,2020, presidential election in Georgia, in willful and intentional violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof."

McAffee said that the ruling “does not mean the entire indictment is dismissed," and that the Fulton County district attorney’s office could seek reindictment after supplementing the charges, with a six-month extension being granted for the state to resubmit the case to a grand jury.