富尔顿县法官监督唐纳德·特朗普的格鲁吉亚选举干预案周四,他又驳回了起诉书中的三项指控,其中两项是前总统面临的。
法官斯科特·麦卡菲,以前扔掉的起诉书中的六项罪名,其中三项是针对特朗普的。
“特朗普总统和他在佐治亚州的法律团队再次获胜,”特朗普的律师史蒂夫·萨多在周四的命令后发表声明说。审判法庭决定起诉书中的第15和27条罪状必须撤销/驳回。"
特朗普在该案中仍面临八项指控。他最初被控13项罪名。
在周四的裁决中,迈克菲法官驳回了与向联邦法院提交虚假文件有关的三项指控,主要是发现该州无权对联邦政府犯下的所谓罪行提出指控。
McAfee写道,这三项指控“超出了该州的管辖范围,必须予以撤销。”
这三项罪名包括企图提交虚假文件、共谋提交虚假文件和提交虚假文件。
驳回动议是由特朗普的两名共同被告约翰·伊斯曼(John Eastman)和肖恩·斯蒂尔(Shawn Still)提出的,理由与最高条款有关。
在周四的另一项命令中,迈克菲拒绝了一项撤销起诉书中最高敲诈勒索罪(或RICO)指控的动议,称该指控“表面上合理,符合宪法规定。”
美国广播公司新闻撰稿人克里斯·蒂蒙斯(Chris Timmons)是佐治亚州的一名前检察官,他说,周四驳回指控的裁决“肯定是辩方的胜利”,但“这不是一个重大的胜利”,因为整个RICO指控仍然存在。
蒂蒙斯说:“联邦法院的行动可以而且很可能会在审判中被视为‘推动RICO阴谋的行为’,这些行为不一定是犯罪。”
富尔顿县地方检察官办公室的发言人告诉ABC新闻,他们正在审查命令,没有进一步的评论。
特朗普和其他18人去年在一次听证会上对所有指控不认罪全面的敲诈勒索起诉涉嫌试图推翻佐治亚州2020年总统选举的结果。
四名被告随后接受了认罪协议,以换取同意指证其他被告。
佐治亚上诉法院暂停案件六月,在取消资格裁决的上诉得到解决之前,地方检察官Fani Willis继续调查此案。
该上诉的口头辩论目前定于12月5日,即总统选举后一个月。
前总统抨击地方检察官的调查是出于政治动机。
Judge tosses 2 more counts against Trump in Georgia election interference case
The Fulton County judge overseeing Donald Trump'sGeorgia election interference caseon Thursday tossed out three more counts in the indictment, two of which the former president was facing.
The judge, Scott McAfee,previously threw outsix counts in the indictment, three of which were against Trump.
"President Trump and his legal team in Georgia have prevailed once again," Trump attorney Steve Sadow said in a statement following Thursday's order. The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed."
Trump still faces eight counts in the case. He originally was charged with 13.
In his ruling Thursday, Judge McAfee dismissed three counts that related to the filing of false documents in federal court -- essentially finding that the state did not have the authority to bring charges for alleged crimes committed against the federal government.
McAfee wrote that those three counts "lie beyond this State's jurisdiction and must be quashed."
The three counts include attempt to commit filing false documents, conspiracy to commit filing false documents, and filing false documents.
The motion to dismiss was brought by two of Trump's codefendants, John Eastman and Shawn Still, on grounds related to the supremacy clause.
In a separate order Thursday, McAfee declined a motion to throw out the top racketeering -- or RICO -- charge in the indictment, writing that it is "facially sound and constitutionally sufficient as alleged."
ABC News contributor Chris Timmons, a former Georgia prosecutor, said that Thursday's ruling dismissing the charges "is definitely a win for the defense" but that "it's not a significant victory" because the overall RICO charge remains in place.
"The actions in federal court can and likely will be brought in at trial as 'acts in furtherance of the RICO conspiracy' which don't need to be crimes," Timmons said.
A spokesperson for the Fulton County district attorney's office told ABC News they were reviewing the order and had no further comment.
Trump and 18 others pleaded not guilty last year to all charges in asweeping racketeering indictmentfor alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.
Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.
A Georgia court of appealspaused the casein June pending the resolution of an appeal of the disqualification ruling that allowed District Attorney Fani Willis to stay on the case.
Oral arguments in that appeal are currently scheduled for Dec. 5, a month after the presidential election.
The former president has blasted the district attorney's investigation as being politically motivated.