A judge has dismissed three counts in the Fulton County, Georgia, District Attorney Fani Willis‘s RICO case against former President Donald Trump and several co-defendants. This decision includes two specific counts against Trump himself.
The original indictment contained 41 counts and alleges Trump and his associates attempted to illegally overturn Georgia’s 2020 election results. Trump was included in 13 of these counts. In a decision released Thursday, Judge Scott McAfee stated that Counts 14, 15, and 27 involve accusations of perjury or false statements under federal jurisdiction and, therefore, cannot be pursued by the state.
“Because Counts 14, 15, and 27 lie beyond this State’s jurisdiction and must be quashed, the Defendants’ motions to dismiss the indictment under the Supremacy Clause are granted in part,” McAfee wrote. However, the judge did not dismiss the entire indictment as some of the defendants requested.
Trump’s lawyer, Steven Sadow, welcomed the decision, noting that “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.”
Two other defendants, John Eastman and Shawn Still, initially brought the challenge. However, Trump’s legal team confirmed that the judge’s decision will also apply to Trump.
Willis’s prosecution is paused as Trump and other defendants appeal McAfee’s refusal to disqualify the District Attorney over ethical and professional breaches. The Georgia Court of Appeals will hear arguments in December regarding this matter.
In a ruling earlier in March this year, Judge McAfee dismissed six other counts, including three against Trump, citing insufficient evidence.