Georgia Judge Dismisses Two Counts Against Trump

A judge dismissed two counts against former President Donald Trump on Thursday in the Georgia lawfare case related to the 2020 election.

Fulton County District Attorney Fani Willis issued a 41-count indictment in August of 2023 against Trump and 18 co-defendants for allegedly violating Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, for allegedly soliciting “false statements and writings,” and for the alleged “solicitation of violation of oath by public officer.”

Fulton County Superior Court Judge Scott McAfee (who donated to Willis’ campaign in 2020) dismissed three counts on Thursday — two of which named Trump — saying the allegations go beyond the “State’s jurisdiction.” The motion to dismiss was brought by co-defendants John Eastman and Shawn Still.

Eastman and Still argued “the indictment is preempted by federal statute, that presidential electors fall outside the State’s Appointment Power and Police Power, and that state action is prohibited because the subject of the indictment is inseparably connected to the functioning of the national government,” according to the ruling.

“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 ruled. The case will still proceed.

Counts 14, 15 and 27 related to the alleged filing of false documents and conspiracy.

McAfee previously dismissed six other counts — three of which were against Trump — in March. Trump now faces eight charges.

Willis’ lawfare case derailed after she allegedly hired her lover, Nathan Wade, as a special prosecutor to help run the prosecution against Trump. Trump and his co-defendants alleged Willis should be disqualified from prosecuting them because she allegedly financially benefited from hiring Wade. Wade’s law firm was paid more than $650,000 for his work over a two-year span while the firms of other special prosecutors on the case were each paid less than $100,000, 11 Alive reported.

Wade allegedly treated Willis to lavish vacations with the money he earned. Willis denied the allegations and claims she reimbursed Wade for the trips.

McAfee said that Willis potentially lied and had a “tremendous lapse in judgment” but that she nonetheless could continue targeting Trump and the others so long as Wade withdrew from the case.

As Steve Roberts and Erielle Davidson wrote, “the indictment remains alive for now, but the credibility of the prosecutor is shot.”

Roberts and Davidson opine that the Supreme Court’s recent immunity ruling, which found presidents have absolute immunity for all official acts, “could neuter Willis’ lawfare campaign” since Trump has argued that his call with Secretary of State Brad Raffensperger about the 2020 election was an official act.