Judge tosses 2 more counts against Trump in Georgia election interference case

(ATLANTA) — The Fulton County judge overseeing Donald Trump’s Georgia election interference case on Thursday tossed out three more counts in the indictment, two of which the former president was facing.

The judge, Scott McAfee, previously threw out six counts in the indictment, three of which were against Trump.

“President Trump and his legal team in Georgia have prevailed once again,” Trump attorney Steve Sadow said in a statement following Thursday’s order. The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed.”

Trump still faces eight counts in the case. He originally was charged with 13.

In his ruling Thursday, Judge McAfee dismissed three counts that related to the filing of false documents in federal court — essentially finding that the state did not have the authority to bring charges for alleged crimes committed against the federal government.

McAfee wrote that those three counts “lie beyond this State’s jurisdiction and must be quashed.”

The three counts include attempt to commit filing false documents, conspiracy to commit filing false documents, and filing false documents.

The motion to dismiss was brought by two of Trump’s codefendants, John Eastman and Shawn Still, on grounds related to the supremacy clause.

In a separate order Thursday, McAfee declined a motion to throw out the top racketeering — or RICO — charge in the indictment, writing that it is “facially sound and constitutionally sufficient as alleged.”

ABC News contributor Chris Timmons, a former Georgia prosecutor, said that Thursday’s ruling dismissing the charges “is definitely a win for the defense” but that “it’s not a significant victory” because the overall RICO charge remains in place.

“The actions in federal court can and likely will be brought in at trial as ‘acts in furtherance of the RICO conspiracy’ which don’t need to be crimes,” Timmons said.

A spokesperson for the Fulton County district attorney’s office told ABC News they were reviewing the order and had no further comment.

Trump and 18 others pleaded not guilty last year to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.

Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.

A Georgia court of appeals paused the case in June pending the resolution of an appeal of the disqualification ruling that allowed District Attorney Fani Willis to stay on the case.

Oral arguments in that appeal are currently scheduled for Dec. 5, a month after the presidential election.

The former president has blasted the district attorney’s investigation as being politically motivated.

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