
Fulton County Superior Judge Scott McAfee has dismissed three more counts in the Georgia election interference case against former President Donald Trump and his allies. The dismissed counts, specifically counts 14, 15, and 27, were related to the filing of false documents with a federal court. Two of these counts directly implicated Trump.

The judge's decision was based on the Supremacy Clause of the U.S. Constitution, which mandates that state law must yield to federal law when the two are in conflict.
Despite this ruling, the core charge of racketeering remains intact. A grand jury had indicted Trump and 18 others in August 2023, accusing them of attempting to overturn the 2020 election results in Georgia. Four defendants have already pleaded guilty. With the dismissal of these three counts, Trump now faces eight felony counts, down from the original 13.
The case is currently paused for many defendants, including Trump, due to ongoing appeals regarding whether Fulton District Attorney Fani Willis can continue to prosecute the case following allegations of misconduct. Oral arguments in this matter are scheduled for December, with a decision expected next year.
Judge McAfee's ruling also addressed motions filed by defendants Shawn Still and John Eastman, who are not part of the appeal. The judge concluded 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." Consequently, these counts were deemed beyond the state's jurisdiction.
In March, McAfee had previously dismissed six other counts from the indictment, leaving 32 felony counts still standing. The overarching racketeering charge, supported by 161 alleged acts, continues to loom over all defendants. The U.S. Supreme Court's July ruling granting former presidents absolute immunity from prosecution for official acts has not yet been fully briefed or argued in this case.
Steve Sadow, Trump's lead attorney, celebrated the dismissal, stating that Trump and his legal team "have prevailed once again." Meanwhile, prosecutors are reviewing the order and have declined to comment further.
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