ATLANTA — The judge overseeing the election interference case against Donald Trump and several co-defendants in Georgia has thrown out three counts in the indictment — including two counts brought against the former president.
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 Scott McAfee upheld a challenge to the sweeping racketeering charge Thursday 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. “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 currently on hold as Trump and other defendants appeal McAffee’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.
Charlie Gile reported from Atlanta, Laura Jarrett reported from New York and Ginger Gibson reported from Washington.