Donald Trump's attorneys asked Judge Scott McAfee to quash two more charges against the former president in Fulton County District Attorney Fani Willis' election interference case against him.
Trump attorneys Steven H. Sadow and Jennifer L. Little on Wednesday filed a brief urging McAfee, who is overseeing the upcoming trial in the case, to order two charges against Trump and his co-defendants to be dropped from cases surrounding the alleged attempts to thwart the 2020 presidential results in Georgia.
They asked for charges of filing false documents and conspiracy to commit filing false documents to be dropped, arguing that only the federal government, not Willis' office, has the legal jurisdiction to charge people with filing allegedly false documents in federal court.
Willis last year charged Trump and 18 others with trying to overturn the 2020 election results in Georgia, a swing state that narrowly went to President Joe Biden.
Her investigation focused on Trump's phone call to Secretary of State Brad Raffensperger in which the former president asked him to find enough votes to tilt the election in his favor, as well as efforts to submit a false slate of pro-Trump electors to the Electoral College.
Trump has pleaded not guilty to all charges and maintains his innocence in the case. He has accused Willis of targeting him for political purposes, describing the case as a "witch hunt."
Sadow and Little cited the 1890 case Thomas v. Loney, arguing it was ruled that a state can't prosecute a crime under a state criminal statute when the alleged conduct "only constitutes an 'offense against the public justice of the United States, and within the exclusive jurisdiction of the courts of the United States.'"
"Consequently, the State of Georgia cannot punish the filing of an allegedly false document in federal court, as the power to do so belongs solely to the federal government," the filing reads.
"The Fulton County DA likely will argue that jurisdictional hook is that the Georgia presidential elector process is indeed a matter within the jurisdiction of the State of Georgia and any false statements or filings regarding the Georgia presidential elector slate––regardless of to whom the statement or filed was made––is properly chargeable by the State of Georgia," Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek on Wednesday.
McAfee will likely schedule a hearing to consider arguments on Trump's request, but these are only minor, supporting charges, McAuliffe said.
Sadow declined further comment when reached by Newsweek.
Newsweek also reached out to Willis' office for comment via email.
The Department of Justice has also charged Trump in a federal election interference case that covers the alleged false elector scheme, as well as the January 6, 2021, riot at the U.S. Capitol building.
Trump's attorneys, however, have argued that presidential immunity should shield him from facing federal charges. The U.S. Supreme Court is expected to hear the immunity arguments on Thursday.
McAfee in March quashed six counts in Willis' case, three of which Trump faced. He determined that the allegations were not detailed enough, finding that "the lack of detail concerning an essential legal element is, in the undersigned's opinion, fatal."
Trump initially faced 13 counts but now faces 10.
Update 4/24/2024 1:53 p.m. ET: This article was updated with comment from Michael McAuliffe.
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