ATLANTA — The judge in 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. Trump was listed on 13 of the counts.
Judge Scott McAfee wrote in his decision released Thursday that the counts could no longer be allowed to stand because they involved accusations of perjury or false statements under federal jurisdiction.
“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.
The judge did not, however, grant a request to dismiss the entire indictment.
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 will also apply to Trump.
The case is currently on hold pending an appeal from Trump and other defendants on McAffee’s decision not to disqualify prosecutor Fani Willis. The Georgia Court of Appeals is set to hear arguments on that effort in December.
In March, the same judge dismissed six other counts in the indictment, including three that had been charged against Trump. However, he said at the time that the state could attempt to refile those charges because the issue was a lack of information.
Charlie Gile reported from Atlanta, Laura Jarrett reported from New York and Ginger Gibson reported from Washington.
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