Judge Dismisses Three Counts in Trump’s Georgia Election Interference Case

A judge has dismissed three counts against Donald Trump in his Georgia election interference case, leaving him with 32 felony counts.

At a Glance

• A judge dismissed two criminal counts against Donald Trump in his Georgia election interference case.
• The top racketeering charge and other counts remain intact.
• The court cited the Supremacy Clause in dismissing state jurisdiction over the charges.
• Proceedings are on hold as Trump appeals the ruling to disqualify the prosecutor.

A Fulton County judge has dismissed three counts related to filing false documents, arguing they do not fall within the state’s jurisdiction. The decision reduces Trump’s potential charges significantly, leaving him facing 32 felony counts out of the 41 initially filed by Fulton County District Attorney Fani Willis.

The dismissed counts include conspiracy to commit filing false documents and filing false documents. A third count, related to the criminal attempt to commit filing false documents, was also quashed. Judge Scott McAfee of the Fulton County Superior Court cited an 1890 U.S. Supreme Court ruling, which preempts state prosecution of perjury and false filings in federal court, in his decision.

Despite the dismissals, the most serious charge against Trump—racketeering (violating Georgia’s Racketeer Influenced and Corrupt Organizations Act)—remains. This charge, along with other remaining counts, alleges that Trump and his allies attempted to overturn the 2020 election results in Georgia as part of a broader effort to reverse the national election outcome.

“President Trump and his legal team in Georgia have prevailed once again. The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed,” Trump’s lead lawyer, Steve Sadow, said in a statement. 

The case has already seen four guilty pleas out of the 19 defendants initially indicted. Judge McAfee had previously dismissed three counts of solicitation of violation of an oath by a public officer against Trump, decreasing the charges further.

The court proceedings are currently on hold, pending an appeal by Trump and other defendants against McAfee’s previous ruling, which allowed District Attorney Fani Willis to continue prosecuting the case despite allegations of personal misconduct. Oral arguments for Trump’s appeal are scheduled for December at the Georgia Court of Appeals.

Willis’s office had initially brought 41 counts against 19 defendants in August 2023. Since then, six additional charges have been dismissed by Judge McAfee. The rulings applied only to John Eastman and Shawn Still, who are not part of the effort to disqualify Willis, but are expected to impact other defendants as well.

While Trump’s legal team views the dismissals as a victory, the retention of the racketeering charge and other serious counts indicate the legal challenges are far from over.