On Thursday, a Georgia judge dismissed two criminal counts in the 2020 election interference case against Republican presidential candidate Donald Trump and one additional count against his allies. Fulton County Judge Scott McAfee ruled that state prosecutors lacked the authority to bring charges related to the alleged filing of false documents in federal court.
However, McAfee allowed the rest of the case to proceed, including eight charges against Trump. Trump and 14 co-defendants have pleaded not guilty to racketeering and other charges, which prosecutors claim stemmed from a plan to overturn Trump’s narrow loss in Georgia during the 2020 election.
The case has been on hold since June while a Georgia appeals court reviews whether lead prosecutor Fani Willis, Fulton County District Attorney, must be disqualified due to alleged misconduct related to a romantic relationship with a former top deputy. The appeals court will hear arguments in December, meaning the case won’t progress before the November 5 election when Trump faces Democratic Vice President Kamala Harris.
In a related federal case, Trump’s efforts to overturn the 2020 election results nationwide have also faced delays. A U.S. Supreme Court ruling granted presidents broad immunity from criminal prosecution, slowing down proceedings.
Thursday’s ruling pertains to claims that Trump and his allies created a fraudulent slate of presidential electors and filed a civil lawsuit with false claims challenging the election results. With this decision, five of the original 13 criminal counts against Trump have been dismissed. In March, McAfee dismissed six other charges, including three against Trump.
Trump’s lawyer, Steve Sadow, expressed satisfaction with the ruling, saying it showed Trump and his legal team “have prevailed once again.” A spokesperson for Willis’ office did not immediately comment. In a separate decision, McAfee upheld the primary racketeering charge against all defendants.