Posts tagged with "McAfee wrote in his decision that three of the counts could no longer stand because they involved accusations of perjury or false statements under federal jurisdiction"

September 13, 2024

Fulton County Judge Scott McAfee—who is overseeing the lection interference case against Donald Trump— has thrown out three counts in the indictment, including two counts brought against the former president. McAfee wrote in his decision that three of the counts could no longer stand, because they involved accusations of perjury or false statements under federal jurisdiction, reports NBC News.

The original 41-count indictment accused Trump and several of his allies of a broad scheme to overturn the results of the 2020 election in Georgia, but the case has been stalled for months as an effort to disqualify the top prosecutor remains on appeal.

Judge McAfee upheld a challenge to the sweeping racketeering charge on Thursday, September 12— but wrote in his decision that certain counts involving allegations of filing false documents should no longer go forward because they belong in federal, not state, court.

“Because Counts 14, 15, and 27 lie beyond this State’s jurisdiction and must be quashed, the Defendants’ motions to dismiss the indictment under the Supremacy Clause are granted in part,” McAfee wrote.

Trump’s lawyer Steven Sadow praised the decision: “President Trump and his legal team in Georgia have prevailed once again,” he said in a statement, adding, “The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed.”

The challenge to the counts was brought by two other defendants—John Eastman and Shawn Still. But a lawyer for Trump confirmed that McAfee’s decision would also apply to Trump.

The case is on hold as Trump and other defendants appeal McAfee’s decision not to disqualify Fulton County District Attorney Fani Willis. The Georgia Court of Appeals is set to hear arguments on that issue in December.

In March, the same judge dismissed six other counts in the indictment—including three against Trump—because the indictment lacked sufficient detail. However, he said at the time that the state could attempt to refile those charges in the future.

Research contact: @ NBCNews