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Judge Dismisses Two Charges Against Trump in Georgia 2020 Election Case

Rules that Fulton County DA Fani Willis Did Not Have Authority to Bring Charges Under Federal Jurisdiction


Judge Dismisses Two Charges Against Trump in Georgia 2020 Election Case

Fulton County Superior Court Judge Scott McAfee has dismissed two charges against former President Donald J. Trump and one charge against a co-defendant in the Georgia election interference case.


The case, which involves 19 defendants, stems from a grand jury indictment issued in August 2023. The indictment accuses Trump and his allies of conspiring to interfere with the certification of the 2020 election results.


The charges include allegations of a coordinated effort to pressure Georgia election officials, tamper with voting machines, and solicit alternate electors in an attempt to overturn the election's certified results.


In a 22-page ruling, McAfee explained that Fulton County District Attorney Fani Willis lacks the authority to pursue charges that fall under federal jurisdiction. The dismissed counts pertained to perjury and filing false documents.


This brings the total number of dropped charges against Trump to five. Earlier this year, the same judge dismissed three other charges, citing a lack of specificity in the allegations.


Of the original 13 charges against Trump, eight remain.


The ruling specifically dismissed the following counts:


  • Count 14: It alleged that Shawn Still, along with co-defendants David James Shafer and Cathlene Alston Latham, criminally filed false documents in December 2020 by sending a Georgia alternate electors certificate to the U.S. District Court for the Northern District of Georgia.

  • Count 15: It alleged that John Eastman, Trump, Rudy Giuliani, Kenneth Chesebro, Ray Smith III, Robert Cheeley, and Michael Roman conspired to file false documents between December 6, 2020, and December 14, 2020, by submitting an alternate electors certificate to the same federal court.

  • Count 27: It accused Eastman and Trump of filing false documents on December 31, 2020, when they submitted a "Verified Complaint for Emergency Injunctive and Declaratory Relief" in a federal civil action.


McAfee noted in his ruling that punishing individuals for filing documents in federal court could improperly limit the information federal courts can review, potentially impeding their ability to carry out their responsibilities.


He further explained that Counts 14 and 15 imposed “a state sanction when a federal sanction is already in place,” which exceeded the state’s jurisdiction.


Willis has not responded to requests for comment from multiple media outlets.


Steve Sadow, Trump’s attorney, issued a brief statement following the decision.


“President Trump and his legal team in Georgia have prevailed once again,” he wrote. “The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed.”

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