In a significant development in the 2020 election interference case in Georgia, Fulton County Judge Scott McAfee dismissed two criminal counts against former United States president Donald Trump and one count against his allies on Thursday.
The judge ruled that state prosecutors lacked the authority to bring these charges, which were related to the filing of alleged false documents in federal court.
Despite this, McAfee permitted the remaining eight charges against the 78-year-old Republican presidential candidate to proceed.
Trump, along with 14 co-defendants, has pleaded not guilty to charges, including racketeering, stemming from an alleged scheme to overturn his narrow defeat in Georgia during the 2020 election.
The case has been on hold since June pending a decision by a Georgia appeals court on whether the lead prosecutor, Fulton County District Attorney Fani Willis, must be disqualified over alleged misconduct tied to a romantic relationship she had with a former top deputy.
Arguments in the appeals court are scheduled for December, meaning the case will not progress before the November 5 presidential election when Trump faces Democratic Vice President Kamala Harris.
A separate federal case Trump faced for his efforts to overturn his election defeat nationally has also been slowed dramatically by a U.S. Supreme Court ruling that found that presidents have broad immunity from criminal prosecution.
Thursday’s decision relates to allegations that Trump and his allies assembled a slate of fraudulent presidential electors and filed a civil lawsuit challenging the election results that contained false claims.
The ruling means that five of the original 13 criminal counts against Trump in the indictment obtained last year have now been tossed out. McAfee in March dismissed six other counts, including three against Trump.
Trump lawyer Steve Sadow said in a statement that the ruling showed that Trump and his legal team “have prevailed once again.”
A spokesperson for Willis’ office did not immediately respond to a request for comment.
In a separate decision on Thursday, McAfee upheld the primary charge in the case, racketeering, which has been brought against all the defendants.
