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Trump Georgia Case Falling Apart

September 13, 2024 By The Editors

The case brought against Donald Trump and his co-defendants by District Attorney Fani Willis is falling apart. A.R. Hoffman reports in The New York Sun:

The dismissal of three of the criminal charges handed up against President Trump at Fulton County is the latest sign that District Attorney Fani Willis’s case against the 45th president is in freefall.

The ruling came from Judge Scott McAfee, who has presided over the racketeering case that alleges a criminal enterprise to overturn the result of the 2020 presidential election in Georgia. Of the 41 charges first brought against Trump and his allies, nine have now been nullified. In March, Judge McAfee found six to be tainted with vagueness, which impairs a defendant’s right to fair notice.

Judge McAfee deemed the three charges he dismissed Thursday — filing false documents, attempting to file false documents, and criminally conspiring to file false documents — to be federal matters, not crimes that Fulton County could prosecute. Of the 13 charges Trump originally faced in the case, only eight survive. Judge McAfee, though, demurred from dismissing the case altogether.

The judge’s ruling is a validation of Trump’s contention that he is protected from state and federal prosecution by the prerogative of the office he once held. Another one of Ms. Willis’s defendants, Chief of Staff Mark Meadows, has made a similar argument to the Supreme Court in an effort to remove his case to federal court. Trump and Mr. Meadows both maintain that the district attorney’s case encroaches on federal power.

Now Judge McAfee has determined that Ms. Willis has, with respect to at least some of her charges, acted crosswise with the Constitution. Trump, Meadows, and the other defendants will likely attempt to leverage this finding to whittle down the case further. Expect the 45th president to soon mount a challenge on the basis of the Supreme Court’s landmark immunity ruling in Trump v. United States, which granted presumptive immunity for all official presidential acts.

Read more here.

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