In a significant development for Donald J. Trump and his associates, a Georgia judge has dismissed three additional charges in the election interference case. Judge Scott McAfee of Fulton County Superior Court ruled that the state lacked jurisdiction to prosecute these charges.
Despite this, Judge McAfee upheld the core felony racketeering charge against Trump and 14 other defendants, deeming it “facially sound and constitutionally sufficient.”
The decision to drop three of the remaining 35 charges represents a win for the defense team, which has been actively working to dismantle the case. The defense is also pursuing efforts to disqualify Fulton County District Attorney Fani T. Willis, who originally filed 41 counts against 19 defendants in August 2023. Four defendants have since pleaded guilty, and Judge McAfee had previously dismissed six additional charges.
The dismissed charges pertain to filing false documents and conspiracy related to fraudulent claims made in a federal lawsuit challenging the 2020 election results in Georgia. These counts involved documents submitted to federal officials that falsely represented a group of pro-Trump electors as Georgia’s legitimate Electoral College representatives.
The rulings announced on Thursday apply specifically to John Eastman, an architect of the fake electors scheme, and Shawn Still, one of those electors. The outcomes are expected to extend to other defendants once the disqualification issue is resolved. As a result, Trump, who initially faced 13 charges, will now likely confront eight.
Steven Sadow, Trump’s lead attorney in the Georgia case, hailed the ruling as a victory, stating, “President Trump and his legal team in Georgia have prevailed once again.” Harvey Silverglate, representing Eastman, described the dismissal as part of the “gradual dismemberment of an ill-considered indictment.”
Fani Willis’s office, which is appealing a previous ruling that dismissed six counts, had no immediate comment on Thursday’s decision.
The defendants have employed various legal strategies to challenge the case, including invoking the Supremacy Clause of the U.S. Constitution, which prioritizes federal law over state law. The judge’s decision partly reflected arguments from an 1890 Supreme Court case involving perjury charges related to a contested congressional election.
The Georgia case is not expected to go to trial until next year at the earliest. It has been complicated by the revelation of a romantic relationship between Willis and Nathan Wade, a lawyer previously hired to manage the Trump prosecution. The defense argued this created a conflict of interest. Judge McAfee ruled that Willis could continue with the case if Wade departed, which he did. The Georgia Supreme Court is set to hear arguments on this appeal on December 5 in Atlanta.
In addition to the Georgia case, Trump faces separate federal charges related to election interference and was convicted earlier this year of 34 felonies related to hush money payments made during the 2016 election.
The Georgia case remains a focal point, with ongoing legal maneuvers and strategic decisions shaping its trajectory.
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