Fulton County Senior Judge Scott McAfee presides over Georgia election interference trial.
Brynn Anderson/Pool/AP
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Brynn Anderson/Pool/AP
ATLANTA — A judge has dismissed three more counts in a Georgia election interference lawsuit against former President Donald Trump and his allies.
But in a separate ruling, the judge upheld the underlying charge in the indictment — extortion.
A jury prosecuted Trump and 18 others more than a year ago on charges that they tried to overturn the 2020 election results in Georgia. Four defendants have pleaded guilty.
Three counts dismissed — count 14, 15 and 27 — all related to filing false documents in federal court. Trump was charged with two of the three crimes.
Fulton County Circuit Judge Scott McAfee dismissed the three counts based on the Supremacy Clause of the U.S. Constitution, which states that state law must yield to federal law when the two conflict.
In March, McAfee fired Six other counts remain in the indictment. Thirty-two felony counts remain.
Trump will now face eight felony counts — down from 13 in the original indictment.
For many defendants, including Trump, the case is on hold amid appeals over whether Fulton County District Attorney Fani Willis can continue the case after allegation of misconduct. Therefore, the charges in question will not actually be dismissed against the defendants involved in that attempt until their cases are resumed.
The Georgia Court of Appeals will hold oral arguments in December to consider whether Willis can proceed with the case. A decision is not expected until next year.
In May, a New York jury convicted Trump on 34 felony counts. But other cases against the former president have stalled or been dismissed entirely. A federal judge in Florida dismissed secret document case against Trump.
The federal election interference case was also delayed and diminished by a US Supreme Court ruling granting the president blanket immunity from criminal prosecution for many official acts.
