The judge overseeing the Georgia election interference case against Donald Trump and others on Thursday dismissed three counts in an indictment, including two against the former president, saying they were outside the state’s jurisdiction.
The lawsuit against Trump and others, who are appealing an order from Fulton County District Attorney Fani Willis allowing the case to continue, has been put on hold while the appeal is pending. But the case against them has not been stayed because Fulton County Superior Court Judge Scott McAfee issued the order Thursday based on a motion filed by two defendants not included in the appeal, Shawn Still and John Eastman.
A judge dismissed six of the indictments in March, but prosecutors are appealing the decision. Although nine counts in total have been dismissed, 32 charges remain, including a blanket organized crime charge against all of the defendants.
At issue in Thursday’s sentencing are two charges related to documents filed in federal court in Atlanta that falsely claimed Trump won Georgia and that the 16 Republicans who signed them were “duly elected and qualified electors” in the state, which Trump lost to Joe Biden by more than 11,000 votes.
One count accuses three Republican senators, including Still, of filing false documents, while the other charges Trump and other senators, including Eastman, with conspiring to file false documents.
McAfee wrote that punishing people for submitting certain documents to federal courts “allows the state to limit the scope of materials that federal courts will evaluate and impedes the administration of justice, which the courts can exercise oversight over their own proceedings.” He concluded that the two counts must be dismissed because they are “beyond this state’s jurisdiction.”
The third count accuses Trump and Eastman of “knowingly and unlawfully” filing false documents in federal court in Atlanta when they “had reason to know” the documents contained at least one “materially false” statement about Georgia’s 2020 election.
McAfee cited precedent that holds that charges filed in federal court fall within the scope of federal perjury law and said the charges should be dismissed.
A spokesman for Willis said prosecutors were reviewing the order and declined to comment.
Eastman lawyer Buddy Parker praised McAfee’s findings in an email. Trump’s lead lawyer, Steve Sadow, also praised the ruling, calling it “another victory” for Trump and his Georgia legal team in an email.
Brumbach is a contributor to The Associated Press.
