In a recent development in the Georgia criminal case against former President Donald Trump, two of the 13 charges have been dismissed. On Thursday, Fulton County Superior Court Judge Scott McAfee ruled that the charges fell under the Supremacy Clause of the U.S. Constitution, which states that federal law takes precedence over state law when there is a conflict.
Judge McAfee decided that two counts related to filing false documents, along with an additional charge against several of Trump’s co-defendants, should be dropped. However, he allowed the remaining charges, including a racketeering charge, to stand.
This decision reduces the number of charges Trump faces from 13 to 8. Trump has pleaded not guilty to the charges, which are part of a broader investigation into efforts to overturn the results of the 2020 election. Along with Trump, 18 other co-defendants were charged, with four of them having already reached plea deals and agreed to testify against the others.
The dismissed charges were related to the submission of fake elector certificates in an attempt to declare Trump the winner of the 2020 election, despite his loss. These certificates were sent to the National Archives ahead of the Congressional certification of Joe Biden’s victory on January 6, 2021.
Trump’s lead attorney, Steve Sadow, welcomed the decision, stating, "President Trump and his legal team in Georgia have prevailed once again. The trial court has decided that counts 15 and 27 in the indictment must be dismissed."
The case’s future remains uncertain as the Georgia appeals court is expected to review whether District Attorney Fani Willis can continue with the prosecution. This follows allegations of a conflict of interest due to Willis’s reported relationship with her deputy, Nathan Wade. Judge McAfee has not removed Willis from the case but has required Wade to resign.
Additionally, McAfee rejected a motion from former Trump lawyer John Eastman and fake elector Shawn Still to dismiss the entire indictment, arguing that it was based on an overly broad interpretation of Georgia’s racketeering laws.
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