In a significant development, the judge overseeing former President Donald Trump’s election-subversion case in Georgia has dismissed two charges against him and another charge against some of his co-defendants. The ruling, issued by Judge Scott McAfee, was based on the determination that three of the charges fall under federal jurisdiction, not state.
Judge McAfee largely upheld the broader indictment brought last year by Fulton County District Attorney Fani Willis but dismissed charges relating to the filing of false documents. He ruled that these charges must proceed in federal court rather than state court, citing the U.S. Constitution’s Supremacy Clause, which establishes that federal law takes precedence over conflicting state law.
“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 wrote in his Thursday ruling.
Just The News explains how earlier this year, McAfee dismissed six other counts, including three against Trump, due to insufficient detail in the indictment. As a result of these rulings, Trump now faces eight counts, down from the original 13 filed against him. The initial indictment contained 41 counts against Trump and 18 of his allies, many of whom have since pleaded guilty to reduced charges in exchange for testimony in future trials.
Notably, the most serious charge—the violation of Georgia’s RICO (Racketeer Influenced and Corrupt Organizations) Act—remains intact. McAfee rejected attempts to dismiss the racketeering charge, declaring that it was “facially sound and constitutionally sufficient.”
However, in a footnote, McAfee acknowledged that the U.S. Supreme Court’s recent ruling on presidential immunity could potentially affect the case’s future. “Unlike the many other challenges raised by the Defendants, the impact of Presidential immunity has not been fully briefed or argued by the parties, and this order does not reach that issue,” McAfee added.
The charges were challenged by defendants John Eastman and Shawn Still, but Trump’s legal team confirmed that the dismissal of the three charges applies to him as well. “President Trump and his legal team in Georgia have prevailed once again,” said Trump’s defense attorney Steven Sadow.
No trial date has been set as Trump and his co-defendants continue to appeal McAfee’s decision to allow Fani Willis to prosecute the case. Trump’s legal team has argued that Willis should be disqualified due to an inappropriate romantic relationship with then–special prosecutor Nathan Wade, which they claim presents a conflict of interest. The Georgia appeals court has delayed the trial indefinitely as it prepares to hear arguments in December on whether Willis should be removed from the case.
