In a ruling that could have nationwide implications, Fulton County Superior Court Judge Scott McAfee dismissed two charges against former President Donald Trump on Thursday for lack of jurisdiction. The judge argued that Georgia's attempt to enforce federal laws in a state court conflicted with the Supremacy Clause of the Constitution, as the indictment covers conduct in other states.
Fulton County, Georgia , Superior Court Judge Scott McAfee dismissed two counts against former President Donald Trump on Thursday for a lack of jurisdiction. By the same logic, Trump ’s New York convictions should be tossed., Breitbart News flagged the problem that Georgia was trying to enforce federal law s in a state court, apparently in conflict with the Supremacy Clause of the Constitution.
The indictment also attempts to use a county court in Georgia to charge the defendants for crimes allegedly committed on a national scale and in violation of a federal election, which typically fall under federal jurisdiction., Judge McAfee wrote that while not all of the state charges were preempted by federal laws such as the Electoral Count Act, “the United States Supreme Court’s decision of, 134 U.S.
Judge McAfee explained that “unlike the forgery of currency which can be used to commit fraud against individuals in the state, filing false documents in U.S. District Court is an offense — like perjury — committed directly against the public justice of the United States because that is where the primary effect of the false filing lies.” Because federal laws already exist to police federal courts, the state cannot prosecute alleged violations of those courts’ rules on its own.
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