On Thursday, September 12, a Georgia judge handling the case of Trump’s interference in the election overturned three charges in the indictment, two of which were against Trump personally.
Judge Scott McAfee of the Georgia Superior Court approved a motion to dismiss filed by two co-defendants: Trump supporter lawyer John Eastman and Georgia State Senator Shawn Still, canceling the three charges filed by Fulton County District Attorney Fani Willis accusing Trump of submitting false electoral college documents claiming Trump won Georgia in 2020.
In his ruling, the judge stated that these charges fall under federal criminal law and that the Georgia court lacks jurisdiction. Punishing these federal law-related documents at the state level would interfere with the normal operation and decision-making process of federal courts. Hence, he deemed these charges “beyond the state’s jurisdiction and must be dismissed.”
Meanwhile, the judge denied Trump and co-defendants’ request to dismiss other charges, including the fraud charges brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) in the indictment. However, the judge also mentioned that the Supreme Court’s decision in July granting the president broad immunity “is likely to affect” the legal basis and procedures the court relies on in handling this core allegation.
Judge McAfee had previously dismissed other charges against Trump in this case. Following Thursday’s ruling, Trump now faces 8 charges, significantly fewer than the initial 13. Trump has pleaded not guilty to these charges, with his lawyers asserting his right to challenge the election results.
Trump’s lead defense attorney, Steve Sadow, stated, “This ruling is another victory for President Trump and the Georgia legal team.”
However, ABC News analysis points out that while Thursday’s ruling is indeed a victory for the Trump camp, it is not a significant one, as the charges under RICO remain in effect.
Moreover, Trump and other co-defendants had previously appealed, alleging that Prosecutor Willis spent public funds to hire her lover, Nathan Wade, as a special prosecutor to join in prosecuting Trump, citing conflicts of interest and violations of Georgia public officials’ conduct rules. They requested the court to disqualify Willis from the prosecutor role and remove her from the case.
The Georgia Court of Appeals has ordered a temporary halt to the proceedings in the Trump election case until a decision is made by the judges on whether to replace the prosecutor.
Willis has admitted to a relationship with Wade and is currently suspended from work.