Judge Scott McAfee, the judge in the Georgia election interference case against President Trump, has thrown out two counts brought against Trump in the indictment and one against his co-defendants.

“Fulton County Judge Scott McAfee found that state prosecutors did not have the authority to bring those charges, which related to the alleged filing of false documents in federal court,” Reuters reports.

However, the remainder of the case, including eight charges against Trump, will proceed.

Per Reuters:

McAfee allowed the remainder of the case to move forward, including eight charges against Trump. Trump and 14 co-defendants have pleaded not guilty to racketeering and other charges stemming from what prosecutors allege was a scheme to overturn Trump’s narrow defeat in Georgia in the 2020 election.

NBC News reports:

The original 41-count indictment accused Trump and several of his allies of a broad scheme to overturn the results of the 2020 election in Georgia. Trump was listed on 13 of the counts.

Judge Scott McAfee wrote in his decision released on Thursday that the counts could no longer be allowed to stand because they involved accusations of perjury or false statements under federal jurisdiction.

“However, 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.

The judge did not, however, grant a request to dismiss the entire indictment.

In March, McAfee dismissed six other counts in the indictment, including three counts against Trump.

“The case is currently on hold pending an appeal from Trump and other defendants on McAfee’s decision not to disqualify prosecutor Fani Willis,” NBC News noted.

The Georgia Court of Appeals will hear arguments for that bid on December 5th.

 

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