Judge tosses some counts in Georgia election case against Trump and others

2025-01-12 00:17:26 source: category:Invest

ATLANTA (AP) — The judge overseeing the Georgia election interference case against Donald Trump and others on Thursday tossed out three counts in the indictment — including two counts brought against the former president — saying that they lie beyond the state’s jurisdiction.

The against Trump and others who are appealing an order allowing Fulton County District Attorney Fani Willis to continue prosecuting the case is on hold while that appeal is pending. But Fulton County Superior Court Judge Scott McAfee issued orders Thursday based on motions filed by two defendants, Shawn Still and John Eastman, who are not part of that appeal, meaning the case against them is not paused.

The judge in March had thrown out six counts of the indictment, a ruling that prosecutors are appealing. Even with a total of nine counts quashed, 32 counts remain, including an overarching racketeering charge brought against all of the defendants.

At issue in Thursday’s ruling are two counts having to do with the filing of a document with the federal court in Atlanta that declared that Trump had won the state of Georgia and 16 Republicans who signed the document were the “duly elected and qualified electors” from the state.

RELATED COVERAGE Top-ranked Georgia seeks 3-0 start in SEC opener at Kentucky, which aims for improved performance Georgia Republican leader seeks policy changes after school shooting but Democrats want more Vanderbilt looks to improve to 3-0 when Commodores visit Georgia State

One of the counts charges three of those Republicans, including Still, with filing false documents. The other charges Trump and others, including Eastman, with conspiracy to file false documents.

McAfee wrote that punishing someone for filing certain documents with a federal court would “enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice in that tribunal to police its own proceedings.” He conclude that those two counts must be quashed “as beyond the jurisdiction of this State.”

The third count charges Trump and Eastman with filing false documents, saying they “knowingly and unlawfully” filed a a lawsuit with the federal court in Atlanta while “having reason to know” that the document included at least one “materially false” statement about the 2020 election in Georgia.

McAfee cited case law that says complaints filed in federal court fall within the scope federal perjury statutes and said the charge must be quashed.

A spokesman for Willis said prosecutors are reviewing the order and declined to comment.

Buddy Parker, a lawyer for Eastman, in an email applauded McAfee’s findings. Steve Sadow, Trump’s lead attorney, also celebrated the ruling, saying in an email that Trump and his Georgia legal team “have prevailed once again.”

More:Invest

Recommend

Patricia Heaton criticizes media, 'extremists' she says 'fear-mongered' in 2024 election

"The Middle" star Patricia Heaton is making her stance on politics known after former President Dona

Starbucks December deals: 50% off drinks and free hot chocolate offerings this month

In the mood for Starbucks this month? You can get your order half off if you order at the right time

Brandon Aubrey, kicker for the Cowboys, hasn't missed a field goal. Maybe he should.

Lawrence Tynes was an NFL kicker for 12 years. He won two rings with the Giants. He twice made game-