Judge tosses two criminal counts against Trump, keeps top charge in Georgia election case

A judge on Thursday dismissed two criminal counts against Donald Trump in his Georgia election interference case, but kept intact the top racketeering charge and other counts against the former president and other defendants.

Fulton County Superior Judge Scott McAfee also tossed out a third count that had been lodged against a number of Trump allies.

Trump, who is the Republican presidential nominee, was not charged with that other count.

The ruling leaves in place the overall indictment against Trump and the others, including the most serious charge of violating Georgia's Racketeer Influenced and Corrupt Organizations Act.

The indictment alleges that Trump and his allies illegally tried to reverse his loss in the 2020 election to President Joe Biden in Georgia, as part of his broader effort to overturn Biden's victory in the national election for the White House.

"President Trump and his legal team in Georgia have prevailed once again," Trump's attorney Steve Sadow said in a statement on the ruling.

"The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed," Sadow said.

The two counts that McAfee dismissed against Trump and other defendants are conspiracy to commit filing false documents and filing false documents.

The third count the judge tossed — numbered as Count 14 in the indictment — was criminal attempt to commit filing false documents.

McAfee in his decision found that an 1890 ruling by the U.S. Supreme Court, in a case known as In re Loney, preempted a "State's ability to prosecute perjury and false filings in a federal district court," and as a result the three counts related to alleged false filings "must be quashed."

This is the second time that McAfee has dismissed counts in the indictment against Trump. In March, judge tossed out three counts of solicitation of violation of oath by a public officer that had been lodged against Trump.

But McAfee left open the door for prosecutors to refile those charges if they substantiated them with additional evidence.

Proceedings in the case have been largely on hold while Trump and other defendants appeal McAfee's ruling that allowed Fulton County District Attorney Fani Willis to remain as the top prosecutor.

Trump's appeal is set to be heard in oral arguments at the Georgia Court of Appeals in December.