ATLANTA — The judge overseeing the election interference case against Donald Trump and several co-defendants in Georgia has dismissed three counts in the indictment, including two counts against the former president.
The original 41-count indictment accused Trump and several of his allies of a vast scheme to overturn the results of the 2020 election in Georgia. But the case has been stalled for months as an appeal seeking to disqualify the top prosecutor continues.
Judge Scott McAfee on Thursday granted a challenge to the broad racketeering charge, but wrote in his ruling that certain charges involving filing false documents should no longer proceed because they belong in federal court, not state court.
“Because Counts 14, 15, and 27 are outside the jurisdiction of this State and must be quashed, Defendants’ motions to dismiss the counts pursuant to the Supremacy Clause are granted in part,” McAfee wrote.
Trump’s lawyer Steven Sadow praised the decision.
“President Trump and his legal team in Georgia have won again,” he said in a statement. “The court has decided that Counts 15 and 27 in the indictment must be quashed/dismissed.”
The challenge to the counts was brought by two other defendants — John Eastman and Shawn Still. But a lawyer for Trump confirmed that McAfee’s decision would apply to Trump as well.
The case is currently on hold as Trump and other defendants appeal McAffee’s decision not to disqualify Fulton County District Attorney Fani Willis. The Georgia Court of Appeals is scheduled to hear arguments on the issue in December.
In March, the same judge dismissed six other charges in the indictment, including three against Trump, because the charges lacked sufficient detail. However, he said at the time that the state could seek to refile those charges in the future.
Charlie Gile reported from Atlanta, Laura Jarrett from New York and Ginger Gibson from Washington.
This article was originally published on NBCNews.com
