One Good call for him….
One Loss…..
The Good….
A Georgia judge on Thursday dismissed three criminal counts in the 2020 election subversion case against former President Trump and his co-defendants.
The big picture: Fulton County Superior Judge Scott McAfee allowed the remaining charges against Trump and his co-defendants to proceed despite the defendants’ argument that elections are a purely federal matter and don’t belong in state court.
- All three of the dismissed charges concerned fake electors’ attempts to file false documents with the state.
- Two of the three dismissed charges applied to Trump.
Zoom in: McAfee ruled that an 1890 U.S. Supreme Court decision “preempts the State’s ability to prosecute perjury and false filings in a federal district court.”…..
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Where it stands: Trump’s efforts to force prosecutor Fani Willis off the casehave pushed any potential verdict past the 2025 presidential inauguration.
- A Georgia appeals court last month denied his legal team’s request to postpone Dec. 5 oral arguments……
The NOT so Good….
New York’s highest court on Thursday rejected former President Trump’sappeal to lift his gag order after he was convicted in his hush money case.
Why it matters: The former president has exhausted his last option with this latest unsuccessful appeal to dismiss the partial gag order, which bars him from commenting on prosecutors and court staff until his sentencing in November.
- After Trump was convicted on 34 felony counts, his lawyers have persistently argued that the order should be lifted.
- After the GOP nominee’s previous efforts were rejected by lower courts, he took his fight to the New York Court of Appeals, the state’s top court.
Driving the news: In a brief mention on the its decision list, the court said it was booting the case on its own initiative because “no substantial constitutional question is directly involved.”
- Trump earlier this month lost his bid to move the case from New York state courts to federal jurisdiction.
State of play: The former president has repeatedly criticized the gag order as a violation of his first amendment rights, lashing out at the restriction as “illegal, un-American, unConstitutional” earlier this year.
- During the trial, Judge Juan Merchan threatened Trump with jail time and fined him after he repeatedly violated the gag order…..
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