Fulton judge dismisses two charges against Trump in 2020 Georgia election fraud case • Michigan Advance

Former President Donald Trump faces two criminal charges in his trial for interfering in the 2020 presidential election after Fulton County Superior Court Judge Scott McAfee on Thursday dismissed charges related to the false slate of Republican electors.

Following McAfee's ruling, Trump faces eight of the 13 original charges he was charged with last year in a sweeping organized crime and conspiracy case against 19 defendants. The case accuses Trump, several members of his inner circle and other allies of illegally attempting to overturn the 2020 election in Georgia and several other states. McAfee wrote Thursday that his decision to drop the two charges was because the Fulton County district attorney's office did not have the authority to prosecute the federal offenses in state court.

The dismissed charges were for filing false documents and conspiracy to file false documents. They were related to a coordinated plan by Trump and allies to get alternate GOP electors to file false certificates declaring Trump the winner in Georgia. Prosecutors said the 2020 electoral convention at the Georgia Capitol played a key role in showing how far Republicans would go to overturn President Joe Biden's nearly 12,000-vote victory over Trump. Biden's victory was confirmed by multiple recounts and audits, and many court challenges were unsuccessful.

McAfee also dismissed a third charge of fraudulent election materials on Thursday against several of Trump's co-defendants who attended the December 14, 2020, meeting at the State Capitol.

In March, McAfee dismissed several charges of violating the oath of office brought against Trump and several co-defendants. McAfee's latest ruling in the sprawling case cast doubt on the six counts of violating the oath of office that were presented to a grand jury in August.

Trump's lead attorney in the case, Steve Sadow, commented on the development on Thursday with a post on X.

“President Trump and his legal team in Georgia have prevailed again. The court has ruled that counts 15 and 27 must be quashed/dismissed,” Sadow wrote.

The case has been stalled for several months, with a hearing scheduled in Georgia's Court of Appeals in December. Defense attorneys have asked to review McAfee's decision earlier this year to allow Fulton County District Attorney Fani Willis to continue to handle the case. The hearing is scheduled for several weeks after Trump's November 5 campaign against Vice President Kamala Harris.

McAfee rejected defense arguments that Willis should be removed because she had a romantic relationship with Special Prosecutor Nathan Wade. Willis hired Wade to lead the investigation in November 2021 and claims the relationship began after they began working on the case.

Wade resigned in March, shortly after McAfee ruled in May that Willis could only continue the case against the former president and his co-defendants.

Four other defendants have entered into plea agreements with prosecutors that allow them to avoid prison sentences if they cooperate as key witnesses.

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