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Georgia judge dismisses two charges against Trump in RICO case

A Georgia judge dismissed three criminal charges on Thursday in the 2020 election interference case involving former President Donald Trump. Fulton County Superior Court Judge Scott McAfee dismissed two counts brought against Trump, and additionally dropped one charge against some of Trump’s allies. The initial 41-count indictment accused Trump and several of his co-defendants of […]

A Georgia judge dismissed three criminal charges on Thursday in the 2020 election interference case involving former President Donald Trump.

Fulton County Superior Court Judge Scott McAfee dismissed two counts brought against Trump, and additionally dropped one charge against some of Trump’s allies. The initial 41-count indictment accused Trump and several of his co-defendants of attempting to overturn the results of the 2020 election in Georgia, and Trump was initially listed on 13 counts.

FILE – Fulton County Superior Judge Scott McAfee presides in court, March, 1, 2024, in Atlanta. A Georgia appeals court has agreed to review a lower court ruling allowing Fani Willis to continue to prosecute the election interference case she brought against Donald Trump.  (AP Photo/Alex Slitz, Pool)

McAfee ruled that state prosecutors lacked the authority to pursue charges related to the alleged submission of false documents in federal court. But he declined an effort to dismiss the entire indictment.


“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,” McAfee wrote. 

Despite these dismissals, the rest of the case will proceed, including eight remaining charges against Trump.

In March, McAfee dismissed six other counts in the indictment, including three for which Trump had been charged. However, he offered prosecutors a chance to re-file those charges with additional evidence.

“President Trump and his legal team in Georgia have prevailed once again. The trial court has decided that counts 15 and 17 in the indictment must be quashed/dismissed,” Trump attorney Steve Sadow said.

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Trump and 14 co-defendants have pleaded not guilty to racketeering and other charges tied to what prosecutors describe as a plan to overturn his narrow 2020 election loss in Georgia.

The case is currently on hold while an appeals court weighs Trump’s bid to disqualify Fulton County District Attorney Fani Willis over an alleged conflict of interest, and oral arguments over that matter are set for nearly one month after the Nov. 5 presidential election.

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