3 more counts are dismissed in indictment : NPR

Fulton County Superior Judge Scott McAfee presides in court during a hearing in the Georgia election interference case.

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ATLANTA — A judge has dismissed three more counts in the Georgia election interference case against former President Donald Trump and his allies.

But in a separate ruling, the judge upheld the bedrock charge in the indictment — racketeering.

A grand jury indicted Trump and 18 others more than a year ago on charges that they attempted to overturn the 2020 election result in Georgia. Four defendants have pleaded guilty.

The three quashed counts — counts 14, 15 and 27 — all have to do with filing false documents to a federal court. Trump is charged with two of those three counts.

Fulton Superior Judge Scott McAfee dismissed the three counts based on the Supremacy Clause of the U.S. Constitution, which says state law must yield to federal law when the two conflict.

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In March, McAfee dismissed six other counts in the indictment. Thirty-two felony counts still remain.

Trump will now face eight felony counts — down from 13 in the original indictment.

For many defendants, including Trump, the case is paused amid appeals over whether Fulton District Attorney Fani Willis can stay on the case following misconduct allegations. As a result, the counts in question will not actually be dropped for the defendants involved in that effort until their cases resume.

The Georgia Court of Appeals will hold oral arguments in December to consider whether Willis can remain on the case. A decision is not expected until next year.

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In May, a jury in New York convicted Trump on 34 felony counts. But the other cases against the former president have stalled or been dismissed altogether. A federal judge in Florida threw out the classified documents case against Trump.

The federal election interference case was also delayed and diminished by a U.S. Supreme Court ruling granting sweeping immunity from criminal prosecution to presidents for many official acts.