BREAKING: Georgia judge tosses 2 criminal counts against Trump in Fani Willis’ RICO case

The two counts that were thrown out against Trump and other codefendants were conspiracy to commit filing false documents and filing false documents. A third count that had been lodged against a number of codefendants in the case was count 14, criminal attempt to commit filing false documents, according to CNBC.

In his decision, McAfee said that an 1890 ruling in the In re Loney case from the US Supreme Court preempted a "State’s ability to prosecute perjury and false filings in a federal district court," and as a result, the three counts "must be quashed." There are eight remaining charges against Trump in the case.

The case has been on hold, with a hearing set for December to determine whether Willis can remain on the case.

In March, McAfee threw out six charges, three of which were brought against Trump directly in the case. The tossed charges related to alleged efforts by Trump and some of his co-defendants to solicit Georgia officials to violate their oaths of office to "unlawfully appoint presidential electors," "unlawfully influence the certified election returns," or "unlawfully decertify the election."

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