Georgia election case judge dismisses 2 charges against Trump
The ruling adds to a series of recent legal successes for the former president.
TroibNews 
A judge presiding over the case in Georgia that accuses Donald Trump of conspiring to interfere in the 2020 election dismissed three additional charges from the prosecution on Thursday, two of which involve the former president.
Fulton County Superior Court Judge Scott McAfee ruled that the three counts were legally flawed, as they related to claims that Trump or his associates had violated state law by submitting fraudulent documents to a federal court in Atlanta.
One of the dismissed counts was related to a lawsuit Trump filed on December 31, 2020, against Republican Governor Brian Kemp, in which he sought to prevent the certification of the state's electoral votes for Joe Biden.
The other two charges involved certifications sent to the federal court regarding an alternate slate of electors that were created by Trump’s aides and allies during their attempts to challenge the election results in Georgia. Similar actions were taken in other battleground states.
McAfee cited a U.S. Supreme Court ruling from 1890, which asserts that state courts lack jurisdiction over alleged falsehoods presented to federal courts. “Punishment for filing certain documents would enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice in that tribunal,” McAfee wrote in a 22-page opinion. “Georgia does not have a ‘legitimate interest’ and jurisdiction to punish such statements.”
This ruling adds to a series of recent legal victories for Trump, who is also the Republican presidential nominee. However, it does not derail the overall case against him in Georgia, particularly the more serious charge of racketeering conspiracy. Currently, no trial date has been established, and there is no possibility of a trial before the November election, in which Trump will face Vice President Kamala Harris, the Democratic nominee.
The criminal case initiated against Trump in August 2023 by Fulton County District Attorney Fani Willis is effectively on hold at present after a state appeals court agreed to consider whether Willis’ romantic involvement with a key prosecutor on the case, Nathan Wade, has compromised the integrity of the prosecution to the point that it must be dismissed or reassigned.
In March, McAfee ruled that either Willis or Wade needed to step aside from the case to eliminate any “appearance of conflict.” Wade subsequently resigned.
The Georgia Court of Appeals has scheduled arguments on this matter for December 5 and has paused the case until further notice for ten of the defendants, including Trump. The ruling on Thursday was made in response to motions filed by two defendants who did not participate in the appeal. However, the reasoning behind McAfee's decision suggests that should he regain full control of the case, he would likely dismiss the two related charges against Trump.
In his decision on Thursday, McAfee rejected a broader defense argument that claimed most of the actions outlined in the indictment were not appropriate for prosecution in state court due to their fundamentally federal nature. He determined that the drafting of allegedly false elector certificates intended for submission to the National Archives could still be prosecuted at the state level, even though the archives are federally operated.
In March, McAfee previously dismissed six of the 41 counts in the case, including three that pertained to Trump, indicating that the charges could potentially be re-filed with greater specificity.
Sanya Singh contributed to this report for TROIB News
Fulton County Superior Court Judge Scott McAfee ruled that the three counts were legally flawed, as they related to claims that Trump or his associates had violated state law by submitting fraudulent documents to a federal court in Atlanta.
One of the dismissed counts was related to a lawsuit Trump filed on December 31, 2020, against Republican Governor Brian Kemp, in which he sought to prevent the certification of the state's electoral votes for Joe Biden.
The other two charges involved certifications sent to the federal court regarding an alternate slate of electors that were created by Trump’s aides and allies during their attempts to challenge the election results in Georgia. Similar actions were taken in other battleground states.
McAfee cited a U.S. Supreme Court ruling from 1890, which asserts that state courts lack jurisdiction over alleged falsehoods presented to federal courts. “Punishment for filing certain documents would enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice in that tribunal,” McAfee wrote in a 22-page opinion. “Georgia does not have a ‘legitimate interest’ and jurisdiction to punish such statements.”
This ruling adds to a series of recent legal victories for Trump, who is also the Republican presidential nominee. However, it does not derail the overall case against him in Georgia, particularly the more serious charge of racketeering conspiracy. Currently, no trial date has been established, and there is no possibility of a trial before the November election, in which Trump will face Vice President Kamala Harris, the Democratic nominee.
The criminal case initiated against Trump in August 2023 by Fulton County District Attorney Fani Willis is effectively on hold at present after a state appeals court agreed to consider whether Willis’ romantic involvement with a key prosecutor on the case, Nathan Wade, has compromised the integrity of the prosecution to the point that it must be dismissed or reassigned.
In March, McAfee ruled that either Willis or Wade needed to step aside from the case to eliminate any “appearance of conflict.” Wade subsequently resigned.
The Georgia Court of Appeals has scheduled arguments on this matter for December 5 and has paused the case until further notice for ten of the defendants, including Trump. The ruling on Thursday was made in response to motions filed by two defendants who did not participate in the appeal. However, the reasoning behind McAfee's decision suggests that should he regain full control of the case, he would likely dismiss the two related charges against Trump.
In his decision on Thursday, McAfee rejected a broader defense argument that claimed most of the actions outlined in the indictment were not appropriate for prosecution in state court due to their fundamentally federal nature. He determined that the drafting of allegedly false elector certificates intended for submission to the National Archives could still be prosecuted at the state level, even though the archives are federally operated.
In March, McAfee previously dismissed six of the 41 counts in the case, including three that pertained to Trump, indicating that the charges could potentially be re-filed with greater specificity.
Sanya Singh contributed to this report for TROIB News
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