Trump gets partial reprieve from judge in Georgia election subversion case

Atlanta, Georgia - A Georgia judge on Thursday dismissed three of the counts in the indictment accusing ex-president Donald Trump and co-defendants of conspiring to overturn the results of the 2020 election in the state.

Two of the 10 felony charges former President Donald Trump was facing in Georgia have been quashed by a judge.
Two of the 10 felony charges former President Donald Trump was facing in Georgia have been quashed by a judge.  © REUTERS

Two of the three charges thrown out by Fulton County Superior Court Judge Scott McAfee involved Trump, and he now faces a total of eight felony counts in Georgia.

McAfee did not, however, quash the entire indictment, which accuses the Republican presidential candidate and his allies of racketeering and other offenses.

The three dismissed charges involved the filing of fake elector certificates with a federal court stating that Trump had won the election in Georgia, although he lost to Joe Biden by some 12,000 votes.

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McAfee said that under the Supremacy Clause of the Constitution, state prosecutors cannot bring a case for federal crimes.

"The Supremacy Clause declares that state law must yield to federal law when the two conflict," the judge said in his order.

Trump had been charged with filing false documents and conspiring to file false documents.

Trump's Georgia appear to be heard in December

Fulton County district attorney Fani Willis has been at the center over Trump's efforts to have the case against him dismissed.
Fulton County district attorney Fani Willis has been at the center over Trump's efforts to have the case against him dismissed.  © ALYSSA POINTER / POOL / AFP

The Georgia case has been frozen by an appeals court until it hears a bid by Trump and his co-defendants to disqualify Fani Willis, the Fulton County district attorney who brought the charges.

In March, McAfee rejected an attempt to disqualify Willis following revelations she had a romantic relationship with the man she hired as a special prosecutor.

Trump and his co-defendants appealed the ruling, and the Georgia Court of Appeals is to hear arguments in December.

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Because the case is paused, the two counts against Trump of filing false documents will not technically be dropped until after the appeals court rules.

Evidence in the case includes a taped phone call in which Trump asked Georgia Secretary of State Brad Raffensperger to "find" enough votes to reverse the result.

Eighteen co-defendants were indicted in Georgia along with Trump on racketeering and other charges, including his former personal lawyer Rudy Giuliani and ex-White House chief of staff Mark Meadows.

Four of Trump's original co-defendants, including three former campaign lawyers, have pleaded guilty to lesser charges in deals that spared them prison time.

Cover photo: REUTERS

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