Judge dismisses two charges against Trump in Georgia election interference case

Published: Sep 12, 2024 Duration: 00:04:21 Category: News & Politics

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1. >> THANK YOU SO MUCH. >>> AND ALANNA JUDGE THREAT TO CHARGES AGAINST TRUMP AND TWO CHARGES AGAINST HIS CODEFENDANTS. >> THE DISMISSED CHARGES RELATE TO ALLEGATIONS OF ONLY FALSE DOCUMENTS IN A FEDERAL COURT. THE CASE HAS BEEN ON HOLD SINCE JUNE AMID AN APPEAL BY TRUMP AND OTHER CODEPENDENCE. THE JUDGES DECISION NOT TO DISQUALIFY FULTON COUNTY DISTRICT ATTORNEY FANI WILLIS OVER ALLEGATIONS OF MISCONDUCT DUE TO HER RELATIONSHIP WITH A FELLOW PROSECUTOR. >> DANNY CEVALLOS IS HERE WITH US ON THIS FRIDAY MORNING. GOOD TO HAVE YOU WITH US. HELP US UNDERSTAND WHY THE JUDGE DISMISSED THESE CANS? >> ONLY A FEW ARE DISMISSED. THE DEFENDANT PAID A BROADER ARGUMENT AROUND THE IDEA THAT THAT THE SUPREMACY CLAUSE, THAT IDEA THE FEDERAL GOVERNMENT IS IN CHARGE OF FEDERAL ELECTIONS, AT LEAST ONCE THE ELECTORS ARE SUBMITTED, THAT NONE OF THIS COULD BE PROSECUTED BY GEORGIA. THE JUDGE REJECTED THAT ARGUMENT THAT HE DID FIND USING IS PRECEDENT, 1890 CASE. 1890, A CASE THAT SAYS THAT SOMETHING THAT IS PERJURY IN A FEDERAL COURT CANNOT BE PROSECUTED BY A STATE COURT. ANALOGIZE THAT TO THE FILING OF THE COMPLAINT IN FEDERAL DISTRICT COURT BY THE DEFENDANT TAKING GEORGIA DOESN'T HAVE THE AUTHORITY TO PROSECUTE PERJURY IN A FEDERAL SETTING. THAT DOESN'T MEAN ALL THE COUNTS GO AWAY BUT ONLY THREE GO AWAY. MANY OF THESE COUNTS LIVE ON. IT'S A NARROW HOLDING THAT GEORGIA CANNOT PROSECUTE. ESSENTIALLY, FEDERAL PERJURY OR SOMETHING SUBMITTED IN A FEDERAL COURT THAT'S FOR THE FEDERAL GOVERNMENT TO PROSECUTE IF IT SHOULD CHOOSE TO DO SO. >> WE HAVE A RICH HISTORY OF CASE LAW IN THIS COUNTRY. >> ABOUT 200 YEARS WORTH. >> HOW MUCH OF AN IMPACT WILL THIS HAVE ON THE CASE? AT WHAT POINT DO WE SEE THE CASE GETTING BACK ON TRACK? >> GEORGIA IS A DISASTER. I HAVE BEEN SAYING THIS FOR MONTHS. THERE ARE STILL COUNTS REMAINING , AND IN A CRIMINAL CONVICTION FOR MOST OF THESE DEFENDANTS OCCLUDING TRUMP'S SIGNIFICANT. IT'S ALL OR NOTHING FOR THESE DEFENDANTS, ESPECIALLY IN TERMS OF SENTENCING. IT'S SIGNIFICANT THAT THE GEORGIA COURT KNOCKED OUT A COUPLE CHARGES AND NOW WE HAVE THREE MORE PARED DOWN. IS A CRIMINAL DEFENSE ATTORNEY, YOU'RE TRYING TO WIN THE WAR OF 1000 CUTS. IT'S A BIG VICTORY TO GET ANYTHING DISMISSED AT THIS STAGE. THE BURDEN IS VERY HIGH TO GET THE CHARGES THROWN OUT BEFORE THE TRIAL EVEN HAPPENS. THIS IS ONLY ONE, PROBABLY THE FIFTH BIGGEST PROBLEM FOR THE GEORGIA PROSECUTION. IT IS MIRED IN OTHER PROCEDURAL ISSUES, NOT THE LEAST OF WHICH IS THE DEFENSE'S ARGUING THIS EFFORT ON APPEAL TO GET THE CASE THROWN OUT BASED ON THE ALLEGED IMPROPRIETIES OF THE GEORGIA PROSECUTOR LEADING THE CASE. >> THIS WAS A BOOST TO THE FORMER PRESIDENT AND IT LOOKS LIKE HE'S SUFFERED A SETBACK EVERY FEDERAL APPEALS COURT REJECTED HIS BID TO STOP POSTCONVICTION PROCEEDINGS IN THE NEAR HUSH MONEY CRIMINAL CASE. TELL US ABOUT THAT? >> THIS IS A LITTLE COMPLICATED BUT I'LL TRY TO SIMPLIFY IT. TRUMP WAS CONVICTED IN STATE COURT. HE TRIED TO REMOVE IT TO FEDERAL COURT AFTER THE IMMUNITY DECISION BY THE SUPREME COURT SAYING, NOW THE LANDSCAPE IS KIND OF CHANGED SO IT NEEDS TO BE DECIDED IN FEDERAL COURT RATHER THAN STATE COURT. IT WAS CLEVER IN THE SENSE THAT UNDER THE LAW, IF IT'S IN FEDERAL COURT ON REMOVAL, THE STATE COURT CANNOT CONVICT HIM SO IT WOULD ACT AS A DELAY. THE FEDERAL DISTRICT COURT, THE LOWEST COURT SAID NO, YOU CAN'T REMOVE THIS CASE. IS GOING TO THE STATE COURT AND TRUMP APPEALED AND IS FOR A STAY, A PAUSE BUTTON FROM THE FEDERAL APPEALS COURT. FEDERAL APPEALS COURT HIT A PAUSE IN THE FEDERAL DISTRICT COURT ORDER SO WE CAN STAY IN FEDERAL COURT. THE APPEALS COURT SAID NO. THE REASONING IS, THE PAUSE YOU ARE LOOKING FOR KIND OF EXISTS SINCE SENTENCING HAS BEEN MOVED TO NOVEMBER. A BIG PROCEDURAL GORDIAN KNOT. ALL IT REALLY DOES IS RETURNS TO STATUS QU

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