A Fulton County, Georgia judge dismissed three charges in the state’s 2020 election interference case against Donald Trump and his co-defendants, citing a conflict with federal law. Judge Scott McAfee determined that Counts 14, 15, and 27 in the state’s indictment must be dropped due to an 1890 US Supreme Court ruling that preempts states from prosecuting perjury committed in federal courts.
The charges pertained to the filing of false documents with the US District Court for the Northern District of Georgia. Judge McAfee concluded that Georgia has no “legitimate interest” or jurisdiction to prosecute these acts, as they affect the federal judiciary system. Instead, jurisdiction lies solely with the federal government.
The dismissed charges were part of broader allegations outlined in the indictment, which accused Trump, attorney John Eastman, Georgia State Senator Shawn Still, and others, including former Trump attorney Rudy Giuliani, of conspiring to submit a false slate of electors for the 2020 presidential election. It also charged Trump and Eastman with filing a complaint containing six false statements regarding alleged election fraud.
Although Judge McAfee’s ruling effectively removed the counts of filing false documents from the state case, other charges remain. These include counts related to alleged efforts to pressure Georgia officials, such as Secretary of State Brad Raffensberger, to influence the election results.
Trump’s charges in Counts 15 and 27 will not be formally dismissed until his appeal to disqualify Fulton County District Attorney Fani Willis from the case is resolved. The district attorney faced scrutiny over her relationship with special prosecutor Nathan Wade, whom she appointed to the case, as per an earlier ruling by another Georgia judge.
Oral arguments for Trump’s disqualification appeal are scheduled for October. More information can be found in the original article on JURIST.