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GA Judge Drops Selected Charges Against Trump in RICO Case

 September 13, 2024

A Georgia judge dismissed two charges on Thursday in an ongoing case against former President Donald Trump, stemming from alleged interference in the 2020 election results, and the ruling affects some of Trump’s co-defendants as well.

Though the dismissal of the counts against Trump is something of a win for the former president, the case will move forward with eight charges still standing against him, as the Washington Examiner reports.

Fulton County Superior Court Judge Scott McAfee dropped two charges against Trump, as well as one against some of his allies, ruling that Georgia state prosecutors overstepped their jurisdiction.

The dismissed charges -- counts 14, 15, and 27 -- relate to the alleged submission of false documents in federal court. These charges were found to be beyond the state's legal authority.

Judge McAfee Rules Prosecutors Overstepped Jurisdiction

The ruling stems from an indictment that initially included 41 criminal counts, accusing Trump and others of attempting to overturn Georgia’s 2020 election results. While Trump was charged with 13 counts in total, the court found that the three dismissed counts involved actions that occurred in federal court, which is outside the jurisdiction of the state.

Counts 14 and 15 were related to alleged attempts and conspiracy to file false documents, while Count 27 accused the defendants of actually filing false documents. These charges affected both Trump and his co-defendants, including attorney John Eastman and Georgia state Sen. Shawn Still.

“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,” Judge McAfee wrote in his ruling.

Dismissals Impact Trump Allies, But Case Proceeds

The decision also affects other co-defendants, like Eastman and Still, who were accused alongside Trump of participating in efforts to challenge the 2020 election results. The initial indictment sought to hold these individuals accountable for their roles in the alleged submission of false documents, which Georgia prosecutors claimed contributed to an attempt to undermine the outcome of the election.

Despite these recent developments, the judge declined to dismiss the entire indictment. The case will continue, with Trump facing eight remaining charges. These charges include accusations of racketeering, a key part of the state's case against him and 14 co-defendants.

Prosecutors May Appeal Recent Dismissals

While McAfee’s ruling is significant, it does not represent the end of the road for state prosecutors. They retain the option to refile some of the dismissed charges if they can provide additional evidence. They may also appeal Thursday's decision to a higher court.

This is not the first time Judge McAfee has dismissed charges in the ongoing case. In March, the judge threw out six counts from the indictment, three of which were also brought against Trump. However, prosecutors were given the opportunity to revisit those charges with new evidence if necessary.

Trump's legal team, meanwhile, expressed confidence in the ruling. “President Trump and his legal team in Georgia have prevailed once again,” said Steve Sadow, one of Trump’s attorneys. He emphasized that the court’s decision to dismiss counts 15 and 27 was a victory for the former president.

Legal Challenges Continue As Case Is On Hold

While the case moves forward, it is currently on pause as an appeals court considers a separate request from Trump’s legal team. Trump’s attorneys have asked the court to disqualify Fulton County District Attorney Fani Willis, who has been leading the prosecution against the former president and his co-defendants.

Oral arguments in that matter are expected to take place about a month after the upcoming November 5 presidential election, meaning that the case could remain in legal limbo for several more weeks.

Despite these developments, Trump and his 14 co-defendants have maintained their innocence, pleading not guilty to the remaining charges, including racketeering. As it stands, there are still 32 felony counts in the indictment against Trump and others, signaling that the case is far from over.

Conclusion

In a major development in the 2020 election interference case, three charges against former President Donald Trump were dismissed by a Georgia judge due to jurisdictional issues.

Despite the dismissal, Trump still faces eight charges related to his efforts to challenge the results of the election in Georgia. Judge McAfee’s decision impacts some of Trump’s co-defendants as well, although the broader case remains largely intact.

While the case is currently on hold pending further legal challenges, prosecutors may refile or appeal the dismissed charges in the future. The outcome of this legal battle could have significant implications as Trump continues to contest the remaining charges.