(PatriotWise.com) — Attorneys for Donald Trump filed a motion in Fulton County Superior Court on Wednesday seeking to dismiss two of the felony counts against the former president in District Attorney Fani Willis’ sprawling election interference case.
In March, Superior Court Judge Scott McAfee rejected a motion to dismiss three of the felony counts against Trump due to a lack of sufficient detail.
This time, defense attorneys Steve Sadow and Jennifer Little are asking Judge McAfee to dismiss two other felony counts against Trump.
The first count accuses Trump and some of his co-defendants of conspiring to file a false document in federal court. The second count accuses Trump and attorney John Eastman of filing a federal lawsuit that included “materially false statements,” including the claims that 10,315 dead people and 2,506 felons voted in Georgia’s 2020 election.
In their filing, Trump’s attorneys asserted that the two counts could only be prosecuted in federal court, arguing that the charges directly impacted the federal judiciary and therefore could not be tried under state criminal statutes.
If the judge agrees to dismiss the two counts, Trump would still be tried on the other counts, including the racketeering charge.
If the two counts are dismissed against Trump, they would also be dismissed against the other defendants facing the same charges, including John Eastman, Michael Roman, Rudy Giuliani, and lawyers Bob Cheeley and Ray Smith.
It is also possible that a dismissal could apply to the three fraudulent electors—state Senator Shawn Still, former GOP Coffee County Chair Cathleen Latham, and former GOP state Chair David Shafer—who were all charged with filing a false certificate in federal court.
The motion to dismiss was filed the same day an Arizona grand jury indicted 18 people for their roles in attempting to overturn the 2020 presidential election results in the state. Among those facing charges are Rudy Giuliani, former Trump chief of staff Mark Meadows, John Eastman, and former Arizona GOP Chair Kelli Ward.
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