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Georgia judge drops two charges against Trump in election interference case

Prosecutor Fani Willis received a setback from Scott McAfee, who cited a Supreme Court case to support his decision.

This legal victory for Trump means a defeat for the prosecutor in the case, Fani Willis/ Andrew Caballero- ReynoldsAFP

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Judge Scott McAfee dismissed two of the charges facing Donald Trump in the Georgia election interference case. The magistrate accepted the motion filed by other co-defendants and dropped the following charges: conspiracy to commit filing false documents and filing false documents.

In justifying his decision, Judge McAfee cited longstanding Supreme Court precedent, which precluded "a state's ability to prosecute perjury and false filings in federal district court." With those two charges dismissed, Trump still faces eight counts in the case brought by prosecutor Fani Willis.

"Punishment for filing certain documents would allow a state to restrict the scope of materials evaluated by a federal court and impair the administration of justice in that court," added the judge, who found that these charges were subject to federal criminal law and that the Peach State lacked jurisdiction.

This is the second time McAfee has dismissed charges against Trump in this case. He had already done the same with three other charges related to racketeering, in which prosecutors did not present sufficient evidence.

The former president's lawyers celebrated the ruling through a statement. "President Trump and his legal team in Georgia have prevailed once again," said the Republican presidential candidate's lead attorney, Steve Sadow.

As for the future of the Georgia election interference case, it remains on hold and awaits a hearing scheduled for December, which will determine whether or not prosecutor Willis can stay on the case.

Specifically, the state Court of Appeals froze the case in early June until they are able resolve appeals by Trump and eight other co-defendants seeking to separate Willis from the case because of her affair with a high-ranking prosecutor involved.

What is Trump being charged with in Georgia?

Joe Biden defeated Trump in Georgia by about 11,779 votes in 2020, among more than 5 million cast. The Republican's legal team tried unsuccessfully to prove election interference and instances of fraud sufficient to be able to skew the numbers, so Willis ended up indicting him.

The prosecutor has been at the forefront of the investigation from the beginning and is trying to determine whether Trump violated state laws by trying to reverse President Biden's victory in Georgia. On the other side, the former president is accusing Willis of being biased against him, something he already brought before Fulton County Superior Court Judge Robert McBurney.

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