A Fulton County judge overseeing the case charging Donald Trump with conspiring to interfere in the 2020 presidential election has dismissed three more charges against the former president and his allies. Judge Scott McAfee ruled that the charges, which involved the submission of fraudulent documents to a federal court in Atlanta, were legally flawed and outside of state jurisdiction.
Dismissed Charges Involving Federal Court Filings
Two of the dismissed charges pertained directly to Trump, including one connected to a December 2020 lawsuit he filed to block the certification of Georgia’s electoral votes in favor of Joe Biden. The other dismissed charges involved an alternate slate of electors sent to federal court as part of efforts to dispute the election results.
Judge McAfee cited a U.S. Supreme Court decision from 1890 in his 22-page opinion, stating that state courts do not have jurisdiction over alleged falsehoods told to federal ones. “Georgia does not have a ‘legitimate interest’ and jurisdiction to punish such statements,” McAfee wrote, effectively removing state legal oversight over actions tied to federal processes.
No Impact on Racketeering Charges
Despite this ruling, the decision does not impact the broader case against Trump, which includes a racketeering conspiracy charge. The criminal case, brought by Fulton County District Attorney Fani Willis in August 2023, is largely paused due to a separate issue involving a potential conflict of interest in the prosecution. The case will remain on hold while a state appeals court reviews whether the relationship between Willis and Nathan Wade, a top prosecutor, tainted the case.
Broader Legal Context and Future Implications
This ruling marks another legal victory for Trump, who has seen several charges dismissed in recent months. In March, Judge McAfee dismissed six counts in the case, including three against Trump, though he allowed the possibility for some charges to be refiled.
The Georgia Court of Appeals has scheduled arguments on the Willis-Wade issue for December 5, and the case will remain on hold for most defendants, including Trump, until further notice.
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