Georgia judge dismisses two charges against Trump

A Georgia judge dismissed three criminal charges on Thursday in the 2020 election interference case involving former President Donald Trump.

Fulton County Superior Court Judge Scott McAfee dismissed two counts brought against Trump and additionally dropped one charge against some of his allies. The initial 41-count indictment accused the former president and several of his co-defendants of attempting to overturn the results of the 2020 election in Georgia, and he was initially listed on 13 counts.

McAfee ruled that state prosecutors lacked the authority to pursue charges related to the alleged submission of false documents in federal court, but he declined an effort to dismiss the entire indictment.

“However, because Counts 14, 15, and 27 lie beyond this State’s jurisdiction and must be quashed, the Defendants’ motions to dismiss the indictment under the Supremacy Clause are granted in part,” McAfee wrote.

Despite these dismissals, McAfee ruled that the rest of the case, including the eight remaining charges against Trump, will proceed.

“President Trump and his legal team in Georgia have prevailed once again,” Trump attorney Steve Sadow said in a statement. “The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed.”

In March, McAfee dismissed six other counts in the indictment, including three for which Trump had been charged. The judge then offered prosecutors a chance to refile those charges with additional evidence, and they can likewise appeal Thursday’s decision.

Count 14 pertains to criminal attempts to “commit filing false documents,” and Count 15 involves “conspiracy to commit filing false documents.” Count 27 specifically refers to “filing false documents.”

Aside from Trump, the decision only affects two of the 15 remaining defendants in the case: attorney John Eastman and state Sen. Shawn Still. However, the judge’s finding would eventually affect other defendants accused of the same charge after the Georgia Court of Appeals lifts a stay preventing the bulk of work in the case from moving forward.

The case is on hold while an appeals court weighs Trump’s bid to disqualify Fulton County District Attorney Fani Willis over an alleged conflict of interest, and oral arguments over that matter are set for nearly one month after the Nov. 5 presidential election.

Trump and 14 co-defendants have pleaded not guilty to racketeering and other charges tied to what prosecutors describe as a plan to overturn his narrow 2020 election loss in Georgia. There are now 32 remaining felony counts in the indictment.