On Thursday, Judge Scott McAfee of Fulton County, Georgia, dismissed three charges in the state’s election interference case against former President Donald Trump and his co-defendants.
Judge McAfee ruled that Counts 14, 15, and 27 of the indictment must be dropped due to a conflict with federal law, specifically referencing an 1890 US Supreme Court ruling that prohibits state prosecution of perjury occurring in federal courts.
The dismissed charges involved allegations related to the filing of false documents with the US District Court for the Northern District of Georgia.
The indictment accused Trump, along with attorney John Eastman, Georgia State Senator Shawn Still, and former Trump lawyer Rudy Giuliani, of conspiring to submit a false slate of electors for the 2020 presidential election. The charges included criminal attempts or conspiracy to file false documents, and specific allegations that Trump and Eastman submitted a complaint containing false statements about alleged election fraud.
Judge McAfee determined that Georgia lacks the jurisdiction to prosecute perjury in federal court filings, as such matters fall under the federal government’s jurisdiction. He emphasized that Georgia does not have a legitimate interest in penalizing these false statements, which primarily affect the federal justice system.
Charges related to alleged undue pressure on Georgia officials, including Secretary of State Brad Raffensperger, to alter election results remain unaffected by this ruling.
The charges against Trump in Counts 15 and 27 will not be dismissed until his appeal to disqualify Fulton County District Attorney Fani Willis from the case is resolved. This appeal, which challenges Willis’s appointment of special prosecutor Nathan Wade, is scheduled for oral arguments in October.
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