September 13, 2024

An Atlanta-area judge has thrown out two more charges facing Trump and a third against several of his allies in the election interference case that accuses them of criminally conspiring to try to overturn the 2020 election in Georgia. Via the Washington Post:

Fulton County Superior Court Judge Scott McAfee stopped short in two rulings issued Thursday of dismissing the entire indictment, which Fulton County District Attorney Fani T. Willis (D) sought more than a year ago under Georgia’s anti-racketeering statute. All the remaining defendants, including Trump, still stand accused of engaging in a racketeering conspiracy for their alleged efforts after the 2020 election.

McAfee had previously dismissed three other charges against Trump and others. Trump now faces eight charges, down from 13 in the original indictment.

[...] In Thursday’s ruling, McAfee dismissed the three charges under the supremacy clause of the U.S. Constitution, which prohibits state prosecutions of activities that fall under federal jurisdiction.

“The Supremacy Clause declares that state law must yield to federal law when the two conflict,” McAfee wrote.

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