ATLANTA – The supervising judge allegation of election interference Donald Trump and several defendants in Georgia have denied three counts of the indictment, including two 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 Georgia’s 2020 election, but the case has been stalled for months as an attempt to disqualify the attorney general remains on appeal.
Fulton County Superior Court Judge Scott McAfee upheld the challenge to the sweeping charge Thursday, but wrote in his ruling that some counts of filing false documents should not go forward because they belong in federal, not state, court.
“Because Counts 14, 15, and 27 are beyond this state’s jurisdiction and must be dismissed, 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 won once again,” he said in a statement. “Articles 15 and 27 contained in the court indictment should be annulled/informally decided.”
Two other defendants – John Eastman and Sean Still – filed objections to the counts. But Trump’s lawyer confirmed that McAfee’s decision will apply to Trump as well.
The case was put on hold as Trump and the other defendants filed an appeal McAfee’s decision not to disqualify Fulton County District Attorney Fanny Willis. The Georgia Court of Appeals is set to hear arguments on this issue in December.
The same judge in March rejected the other six items in the indictment, including three against Trump, because the indictment lacked sufficient detail. However, he said at the time that the state may try to refile those charges in the future.
Charlie Gile reported from Atlanta, Laura Jarrett from New York and Ginger Gibson reported from Washington.