On Thursday, September 12, 2024, former President Donald Trump achieved a legal win in Georgia as Fulton County Superior Court Judge Scott McAfee dismissed three additional counts in the election interference case against him and his associates. The judgment eradicated two charges personally confronting Trump but maintained the key racketeering allegation.
The rationale behind Judge McAfee’s resolution was the Supremacy Clause of the U.S. Constitution. This clause establishes that federal law takes precedence over state law in case of a conflict. The dismissed counts were related to the submission of purportedly false documents in a federal court, an activity the judge ruled to be beyond the scope of state jurisdiction.
In his ruling, McAfee commented, “Punishment for filing certain documents would enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice in that tribunal.”
Counts 14, 15, and 27, which were dismissed, all involved the submission of allegedly fraudulent documents to a federal court in Atlanta, Georgia. Trump was directly implicated in two of these charges, thereby reducing his total number of felony counts from 13 to eight.
This recent development follows a previous ruling in March when Judge McAfee dismissed six other counts in the indictment. Despite these dismissals, 32 felony charges, inclusive of the primary racketeering accusation, remain intact.
Steve Sadow, Trump’s principal defense attorney, hailed the decision saying, “President Trump and his legal team in Georgia have prevailed once again.”
The case was originally brought forward by Fulton County District Attorney Fani Willis who indicted Trump and 18 others on charges related to their alleged attempts to overturn the 2020 election results in Georgia. Four defendants have since pleaded guilty.
Nonetheless, the legal process has encountered an obstacle. The case is currently in a state of suspension for Trump and nine other defendants as the Georgia Court of Appeals determines whether Willis can continue to be a part of the case. This pause is due to allegations of misconduct stemming from Willis’ romantic involvement with a senior prosecutor, Nathan Wade, who has since resigned.
Oral arguments concerning this issue are set for December 5, with a decision unlikely to be reached until the following year. Consequently, the dismissed counts will not be officially stricken for the concerned defendants until their cases recommence.
While Trump continues to face legal battles in Georgia, other cases against the former president have faced hurdles. A federal judge in Florida dismissed the classified documents case, and the federal election interference case has been postponed and weakened by a U.S. Supreme Court ruling granting presidents wide-ranging immunity from criminal prosecution for many official acts.
However, in May, a jury in New York convicted Trump on 34 felony counts, demonstrating the varying outcomes across the multiple legal fronts he faces.
Despite the dismissed charges marking a victory for Trump, they do not impede the broader case against him in Georgia. The racketeering charge, which alleges a widespread conspiracy to overturn the 2020 election results, remains intact as per Judge McAfee’s ruling, covering actions beyond those negated.
As the legal and political saga unfolds, the nation’s attention is focused on Georgia. The verdict of this case could deeply impact both the former president and the American electoral system.
