Judge Dismisses Three More Counts in Georgia Election Interference Case Against Trump
A Georgia judge has dismissed three additional counts in the election interference case against former President Donald Trump and his allies, though the central racketeering charge remains intact. The ruling brings the total number of charges Trump faces down to eight felony counts from the original 13.
Fulton Superior Court Judge Scott McAfee ruled that counts 14, 15, and 27, all related to filing false documents in federal court, should be dismissed. These charges were dropped based on the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state law when the two conflict.
The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution. It establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority are the "supreme Law of the Land." This means that federal law takes precedence when there is a conflict between federal and state law. States are required to comply with federal law, even if their laws or constitutions provide otherwise.
The Supremacy Clause plays a key role in cases where there is a dispute between state and federal authority. It ensures that federal law overrides state laws in matters under federal jurisdiction.
Fulton Superior Judge Scott McAfee applied this principle in dismissing three charges in the Georgia election interference case against former President Donald Trump. The dismissed counts involved allegations of filing false documents, which the judge ruled conflicted with federal authority, citing the Supremacy Clause.
In this case, Judge McAfee determined that the state charges related to actions involving federal courts, where federal law governs. As a result, the state law could not be applied, leading to the dismissal of those counts.
Despite these dismissals, Trump and several co-defendants still face several charges, including racketeering, a bedrock charge in the indictment. Judge McAfee upheld the racketeering count, which alleges a broader conspiracy to overturn the 2020 election results in Georgia.
The indictment, filed over a year ago, originally included 13 felony counts against Trump and charged 18 other individuals involved in efforts to overturn the 2020 election. Four of these defendants have since pleaded guilty. Many of the remaining defendants, including Trump, are appealing the case on the grounds of prosecutorial misconduct by Fulton District Attorney Fani Willis.
The Georgia Court of Appeals is expected to hear oral arguments in December on whether Willis can remain on the case. A final decision on her involvement may not come until next year, and as a result, the dismissed counts will not be formally dropped for defendants engaged in appeals until their cases resume.
This case is just one of several Trump faces as he prepares for a potential return to the White House. In May, a jury in New York convicted Trump on 34 felony counts. However, a federal judge has thrown out other legal cases that have stalled or been dismissed, including a classified documents case in Florida.
