A Georgia judge has dismissed two criminal charges against Donald Trump in the case concerning his efforts to overturn the 2020 election, ruling that state prosecutors lacked authority to bring them. Fulton County Superior Court Judge Scott McAfee found that the charges fell under the supremacy clause of the US Constitution, which bars state prosecutors from charging federal crimes.
The dismissed counts related to the filing of false documents and conspiring to file false documents, stemming from the Trump campaign's submission of fake elector certificates to the National Archives. Trump now faces eight charges, down from 13, while the racketeering charge remains. He has pleaded not guilty.
The judge's 22-page order also dismissed an additional count against several Trump allies. Trump's lead lawyer, Steve Sadow, welcomed the decision, stating that the trial court had ruled in their favour. The case's future remains uncertain as the Georgia appeals court considers whether District Attorney Fani Willis can continue prosecuting, following allegations of a conflict of interest due to her relationship with a deputy.
McAfee previously declined to remove Willis from the case on condition that her deputy resigned. Trump's lawyers have appealed that decision, also arguing that Willis should be disqualified for comments she made about the case. Separately, McAfee rejected a motion from co-defendants to dismiss the entire indictment based on an overly broad interpretation of Georgia's racketeering statute.
