Trump uses 1890 legal ruling to demand dismissal of 2 charges in Georgia election case
Donald Trump filed a demand for Judge Scott McAfee to dismiss two charges against him in the Fulton County election interference case, claiming the state lacks the ability to accuse him.
In the Wednesday filing, Trump's lawyers claim that as a state, Georgia doesn't have the authority to charge Trump for filing false documents in federal court. The only entity that can do so, they claim, is the Justice Department or federal courts.
To justify the claim, the lawyers cite an 1890 case which decided, "The courts of a state have no jurisdiction of a complaint for perjury in testifying before a notary public of the state upon a contested election of a member of the House of Representatives of the United States, and a person arrested by order of a magistrate of the state on such a complaint will be discharged by writ of habeas corpus."
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The brief came after McAfee invited supplemental briefs from the rest of the co-conspirators in the Fulton County, Georgia case. They were allowed to submit any comments about the case on counts 14, 15, and 27, Lawfare's Anna Bower reported.
"Each of those counts involve allegedly false documents filed in federal court," she explained.
“Count 15 alleges a conspiracy to file and count 27 alleges the filing of false documents in an exclusive federal tribunal.”
Meanwhile, Trump has a day off Wednesday from his Manhattan criminal trial over a hush money scheme.