ATLANTA– The judge who supervises the Georgia election interference case against Donald Trump and others on Thursday dismissed three counts in the indictment — including two counts against the former president — saying they fall outside the state’s jurisdiction.
The case against Trump and others appealing an order allowing Fulton County District Attorney Fani Willis to prosecute the case has been stayed until the case is concluded. appeal is being processedBut Fulton County Circuit Court Judge Scott McAfee issued the orders Thursday based on motions filed by two defendants, Shawn Still and John Eastman, who are not part of that appeal, meaning the case against them is not stayed.
The judge in March had thrown out six counts of the indictment, a ruling that prosecutors are appealing. Even with a total of nine counts overturned, 32 counts remain, including a overarching charge of extortion filed against all defendants.
Thursday’s ruling challenges two charges related to the filing of a document in federal court in Atlanta declaring that Trump had won Georgia and that the 16 Republicans who signed the document were the state’s “duly elected and qualified electors.”
One of the indictments charges three of those Republicans, including Still, with filing false documents. The other charges Trump and others, including Eastman, with conspiracy to file false documents.
McAfee wrote that punishing someone who files certain documents in federal court “would allow a state to limit the scope of the materials reviewed by a federal court and to impede the administration of justice in that court from controlling its own proceedings.” He concluded that those two charges should be quashed “because they are outside the jurisdiction of this state.”
The third complaint accuses Trump and Eastman of filing false documents, alleging they “willfully and unlawfully” filed a lawsuit in federal court in Atlanta when they had “reason to know” the document contained at least one “materially false” statement about the 2020 election in Georgia.
McAfee cited case law showing that complaints filed in federal court fall within the scope of federal perjury law and argued that the charges should be dropped.
A spokesman for Willis said prosecutors are reviewing the warrant and declined to comment.
Buddy Parker, an attorney for Eastman, praised McAfee’s findings in an email. Steve Sadow, Trump’s lead attorney, also celebrated the ruling, saying in an email that Trump and his legal team “won again” in Georgia.